How to ask others for compensation if they are beaten

If you are required to compensate the perpetrator for your medical expenses, lost work expenses, nursing expenses, hospital meal allowances, transportation and lodging expenses, disability compensation, etc., you may file a tort lawsuit with the court, and you need to provide evidence to prove the fact of the other party's injury.

First of all, this must be responsible for the expenses, and secondly, for the physical injury, this can also claim compensation, and again due to the income of the inability to work normally during the injury, he can also be asked to compensate, which is calculated according to the usual daily wage * the number of days that you cannot go to work due to the injury (you can calculate your holidays), and at the same time, for the question of whether there will be sequelae, you can ask for a compensation for the ** expenses that may be required later.

If the injury is minor, the other party may be required to be investigated for criminal responsibility, and at the same time bear civil compensation to compensate for all actual losses. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

In the event of the death of the victim, the compensation obligor shall compensate the relevant expenses provided for above in addition to the relevant expenses provided for in the rescue situation, and shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

1. If you are beaten, you can generally negotiate compensation privately:

1) If the injury does not reach the level of a minor injury, the perpetrator may be required to bear medical expenses, lost work expenses, nursing expenses, and transportation expenses;

2) If the loss reaches the level of minor injury or serious injury, the person who was beaten needs to bear criminal liability, and the civil compensation borne is generally proposed in the civil lawsuit attached to the criminal lawsuit, and the civil lawsuit may also be filed separately or the attached civil lawsuit may be tried first to claim compensation.

2. Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China.

Litigation lawyers and other litigants have the right to investigate and collect evidence, and may consult the relevant materials of the case. The scope and methods for inspecting the relevant materials in this case are to be provided for by the Supreme People's Court.

Article 68.

Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

2. How to go through the legal process when you are beaten.

If someone is beaten, they should report to the police in time. Where it is determined that the injury is more than minor, criminal responsibility shall be pursued, and the victim may raise an attached civil lawsuit to claim civil compensation if the crime of intentional injury is suspected. If one party fails to perform after the judgment takes effect, it may apply to the court for compulsory enforcement, and compulsory measures such as inquiry, freezing, or transferring the deposits of the person subject to the application for enforcement may be employed.

If it does not constitute a criminal case, a civil lawsuit may be initiated.

There are two ways to get compensation for being beaten:

1. Negotiation and settlement: The two parties can negotiate on their own or reach a settlement agreement under the mediation and mediation of other third parties to resolve the dispute;

[Legal basis].Article 119 of the Civil Procedure Law.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

There are two ways to get compensation for being beaten:

1. Negotiation and settlement: The two parties can negotiate on their own or reach a settlement agreement under the mediation and mediation of other third parties to resolve the dispute;

Public Security Administration Punishment Law of the People's Republic of China》 Article 43: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and is also to be fined between 200 and 500 RMB, and where the festival is lighter, he is to be detained for up to 5 days or fined up to 500 RMB.

1) Assaulting or injuring others in a group (2) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60 (3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at a time.

It is recommended to call the police first, and then ask the public security organs to conduct an appraisal of the injury, if once the identification is a minor injury, then the other party can be required to bear criminal responsibility, and at the same time, you can also propose civil compensation attached to the criminal case, the items of compensation are: medical expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, if it is identified as a disability, but also pay disability compensation (the amount of compensation is the largest), living expenses of dependents, mental damages, etc. If it is determined that it does not constitute a minor injury, then a civil procedure may be initiated to require the other party to pay compensation for the above-mentioned part of the civil compensation, and at the same time request the public security to detain and punish him accordingly in accordance with the public security administrative punishment regulations.

If the negotiation fails, it is completely possible to file a lawsuit with the court, and as long as the evidence is sufficient, there is no problem in winning such a case. The specific amount of compensation should be calculated according to the actual situation of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17, the victim suffers personal injury, and the various expenses incurred due to medical treatment** and the income lost due to lost work, including the medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the compensation obligor shall compensate the victim. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

If you are beaten, you can pay compensation in the following two ways: 1. Negotiation and settlement: the two parties can negotiate on their own or reach a settlement agreement under the mediation of other third parties to resolve the dispute; 2. Filing a lawsuit with the court

The infringed party may file a civil lawsuit with the relevant people's court at the place where the infringement occurred, the place where the defendant is located, and request that the infringement be stopped and compensated for economic losses. According to Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; 2) There is a clear defendant; 3) There are specific litigation claims, facts, and reasons; 4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China (2017 Revision) Litigation RequirementsThe following conditions must be met: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; 2) There is a clear defendant; 3) There are specific litigation claims, facts, and reasons; (4) It is within the jurisdiction of the people's court accepting civil litigation and the people's court receiving the lawsuit.