Calculation of the amount of compensation for personal injury: If others are injured but not disabled, the medical expenses and income reduced due to absenteeism shall be compensated. Medical expenses generally include medical expenses, treatment expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc. (1), medical expenses. Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including the registration fee, examination fee, operation fee, medical fee, hospitalization fee, cosmetic fee and follow-up treatment fee paid by the other party for treatment; (2) Nutrition fee. The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. Refers to the cost of purchasing nutrients other than daily diet for auxiliary treatment of diseases or recovery as soon as possible. (3), lost time and nursing expenses. The lost time fee and nursing fee are determined according to the lost time fee and income of the other party or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. (4), transportation and accommodation costs. Transportation expenses are calculated according to the actual transportation expenses and necessary accompanying personnel incurred by the other party for medical treatment or transfer to other hospitals; Accommodation fees shall be paid according to the actual accommodation fees of the other party and its entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards; (5) Compensation for disability. Disability compensation is calculated according to the disability level determined by judicial appraisal and the living expenses or income standard of the other party's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years; (6) Expenses for assistive devices. The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices. (7) Property losses are limited to the property losses actually suffered by the other party, including the maintenance and depreciation expenses of the goods, and limited to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.
Legal objectivity:
Article 179 of the Civil Law stipulates that if the victim suffers personal injury, the compensation obligor shall compensate all the medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. Nineteenth medical expenses are determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
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