68 year old was hit into a vegetative state, how to compensate

Vegetative injuries are one of the most serious injuries in car accidents and will constitute a first-degree disability according to the Grading of Disability from Human Injuries. Therefore, cases of injury to a vegetative person caused by a car accident should be handled as a disability case, and the victim should obtain a first-class disability appraisal opinion through the disability evaluation, and then claim compensation from the statutory compensation obligor.

The amount of compensation for first-degree disability is often the largest among car accidents, and it covers almost all personal injury items except death compensation and funeral expenses, specifically:

1.Project content.

Including general medical expenses, lost work expenses, nursing expenses, nutrition expenses, hospital meal subsidies, transportation expenses, accommodation expenses, disability compensation, disability assistive device expenses, follow-up expenses, living expenses for dependents, mental injury solatium, disability appraisal fees and post-disability nursing expenses.

2.Project calculations.

Each of the above items can be calculated in accordance with the provisions 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, among which the amount of disability compensation, nursing expenses after disability, disability assistive devices, and living expenses of dependents are all very high in vegetative cases.

Taking disability compensation as an example, in Beijing, the amount of disability compensation for first-class disability is as follows:

The disability compensation for 65 years old in Beijing is: 69434 20 (65 60)] = 1041510 yuan.

Note: In practice, the amount of compensation in a vegetative case of a car accident can reach more than 2 million yuan.

First of all, it must be civil compensation, if it can be reconciled, it is okay, if it cannot be reconciled, let the court adjudicate.

First of all, the social security and medical insurance for traffic accidents are not compensated, and the responsible person is responsible, and the specific compensation is handled by the traffic department.

According to the responsibility determined by the traffic police, compensation shall be made according to the ratio, and if you are not satisfied, you can go to the court to sue.

First of all, for the 74-year-old man who was hit by a car and turned into a vegetative state, the victim and his family should receive compensation beyond the scope of medical expenses of 360,000 yuan, and the main compensation includes the following points:

1.Medical expenses: pay for the rescue costs, ** expenses, rock slow ** expenses of the vegetative elderly, etc., and pay for hospitalization fees, surgery fees, drug fees, nursing fees, etc. for their families.

2.Compensation for moral damages: Pays for the mental damage suffered by the victim of a vegetative person, as well as the cost of psychological damage suffered by the family in caring for the elderly person in a vegetative state.

3.Compensation for economic losses: compensate for the loss of wages and income suffered by the vegetative elderly due to the injury, as well as the expenses of the victim's family in taking care of the vegetative elderly.

4.Funeral expenses: If a vegetative person dies as a result, the family can claim the funeral expenses from the party responsible for the accident.

In addition, the amount of compensation for the vegetative elderly should also take into account the reduced quality of life of the vegetative elderly and the loss of time suffered by their families in caring for the vegetative elderly, etc., and the amount of compensation should be higher.

1. How much does a person have to be compensated if a traffic accident knocks a person into a vegetative state 1. Personal injury compensation items and standards: The compensation obligor shall compensate for the various expenses incurred for medical treatment and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. 2. Disability compensation items and standards:

The compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of the ability to hold the stool, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation. 3. Compensation items and standards for death: In addition to the relevant expenses specified in 1 according to the rescue situation, the compensation obligor 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 for funeral matters.

4. Items and standards for suffering mental damages: Where the person entitled to compensation (the victim or the close relatives of the deceased) requests compensation for moral damages from the people's court, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to determine it. The right to claim solatium for mental injury must not be assigned or inherited.

However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court. 2. Time limit for handling traffic accidentsThe traffic management department of the public security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.

If the parties have a dispute over the compensation for traffic accident damages, and all parties unanimously request mediation by the traffic management department of the public security organ, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident identification letter. In the case of death caused by a traffic accident, mediation shall begin from the date on which the funeral matters are completed; For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of property damage caused by a traffic accident, mediation shall commence from the date on which the damage is determined. The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days.

If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document and send it to the parties, and the mediation document shall take effect after being signed by all parties; If no agreement is reached in mediation, the traffic management department of the public security organ shall make a mediation conclusion and send it to the parties.