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In a traffic accident, if one leg is amputated, it is necessary to go to the relevant qualified appraisal agency for disability appraisal, and if the disability appraisal standard is met, compensation will be paid according to the disability appraisal standard.
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It should be determined according to the disability level and the age of the party, and if the other party has insurance, it can basically pay more, at least 200,000.
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Look at the determination of responsibility for the accident, look at the amputation site, and look at the average salary.
20 years of disability allowance + prosthetic money, good lawsuits can get millions.
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About 300,000 to 500,000 yuan, depending on the other party's economic strength and local compensation standards.
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The items of compensation for damages shall be in accordance with Article 36 of the Measures for the Handling of Road Traffic Accidents, including:
1. Medical expenses. Pay by hospital vouchers. Those who need to be hospitalized, transferred, or nursing should have a hospital certificate and obtain the consent of the public security organs. Those who purchase drugs without authorization or refuse to leave the hospital beyond the discharge date notified by the hospital shall bear their own expenses.
2. Lost time pay. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and the date of lost work shall be subject to the certificate issued by the unit or hospital. If the income of the person who lost work is more than three times the average living expenses in the place where the accident occurred, it will be calculated as three times.
If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.
3. Hospitalization meal subsidy. It is calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred.
4. Nursing fees. During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the rules of lost time pay; If there is no fixed income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
5. Living allowance for the disabled. According to the level of disability, it is calculated according to the average cost of living in the place where the traffic accident occurred. 20 years from the date of disability. For those over 50 years old, the age shall be reduced by 1 year for each additional year, with a minimum of not less than 10 years; For those over 70 years old, it will be counted as 5 years.
6. Expenses for disability appliances. With a hospital certificate, the cost of the general appliance will be calculated.
7. Funeral expenses. Pay according to the standard of the place where the traffic accident occurred.
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Summary. Hello, I am an excellent respondent lawyer Wang, I am happy to serve you, according to the question you described, the answer is as follows, 1According to what you said, the disability level should be 3-4, and the disability compensation is about 180,000 yuan, of course, subject to the specific disability appraisal.
Other compensation standards are based on the actual situation.
In addition, you can feel free to ask questions.
How much is the approximate compensation for a leg amputated in a car accident.
Hello, I am an excellent respondent lawyer Wang, I am happy to serve you, according to the question you described, the answer is as follows, 1According to what you said, the disability level should be 3-4, and the disability compensation is about 180,000 yuan, of course, subject to the specific disability appraisal. Other compensation standards are based on the actual situation.
2.The main items of compensation are: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, disability compensation, disability assistive device expenses, transportation expenses, accommodation expenses, etc.
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The items that will be compensated for the disability of one leg caused by a traffic accident are: 1. Medical expenses, which are determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates; 2. Hospitalization meal subsidy shall refer to the business trip meal standard of general staff of state organs; 3. If the nursing staff has income: it shall be calculated with reference to the provisions of the lost work pay; Wait a minute.
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Answer: Hello, I am your lawyer, and I have received your question about the amputation of a leg in a traffic accident, and the compensation shall be made according to the responsibility divided in the traffic accident certificate, and the compensation shall be claimed according to the results of the disability level appraisal.
5. The amount of food expenses for the victim and his accompanying personnel** during the period can refer to the food allowance for the staff of the local agency on a business trip;
7. If the victim is disabled due to injury, the number of years of compensation and the amount of compensation shall be determined according to the level of disability. The general compensation period is 20 years from the date of disability, and if the victim is older than 60 years old, the age is increased by one year and the compensation is reduced by one year, and if the victim is older than 75 years old, the compensation period is 5 years;
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How much can I get compensated for a lower leg fracture in a traffic accident There is hope that a lower leg fracture will be rated as a disability level, and as for the number of levels of disability, it is determined according to the recovery after the injury. Generally, the following materials are required at least for disability level identification:1
Medical Records and Hospitalization Records, 2All x**, 3Traffic Accident Identification Certificate, 4
There are slight differences in the materials required by each appraisal agency, and it is recommended to consult the appraisal agency. Friendly reminder: Traffic accident disability appraisal That is, do not identify too early, and do not delay the appraisal, the former appraisal report may be overturned, and the latter may not be appraised due to long-term recovery training, or the grade may be reduced.
If the traffic accident injury is more serious and you are also ready to entrust a lawyer to deal with it, it is recommended that the disability level also be entrusted to a lawyer to deal with it on your behalf. As for the issue of accident compensation, it needs to wait for the disability level to be determined: Traffic accident compensation generally includes the following items:
If the victim is injured but not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc. If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, compensation for mental damages, and necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care or continuation. It is the best choice to find a professional lawyer to provide you with consulting services, and the lawyer here will take you to understand the relevant legal knowledge and other content, and answer your own questions for you.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for 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 his or her living needs, as well as the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses of 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.
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