How to pay for traffic accident injuries? This is also a difficult problem that everyone is deeply concerned about in traffic accidents. Then how to pay for the traffic accident? How to calculate the medical expenses compensation?

1. How do victims of traffic accidents claim compensation?

There are several ways for victims of traffic accidents to claim compensation after traffic accidents. First, after the traffic control department produces the traffic accident certificate, if it does not constitute a hit-and-run, it can be negotiated by the police host who tried the case. If the negotiation is successful, civil mediation can be reached. After the obligor makes compensation, the case ends. If traffic accident compensation cannot reach an agreement on compensation, the victim may entrust a criminal defense lawyer in Shijiazhuang to file a lawsuit and go to court for a civil lawsuit:

1. The appellant authorized the entrusted criminal defense lawyer to intervene, collect direct evidence about compensation, make a list of evidence, plan to file a complaint, and then file a lawsuit in a court with jurisdiction. Those who meet the filing criteria will be tried and verified by the court, and those who feel that they meet the appeal criteria will be filed for investigation within seven days.

2. The court shall serve the indictment on the defendant within five days from the date of filing the case for investigation, and the defendant shall give a clear answer within fifteen days after receiving the indictment.

3. The court clearly stipulated the time limit of burden of proof and the time of court session, and the defendants submitted direct evidence to each other during the drafting process. Before the hearing, the court will publicize the defendant's name, cause of action, hearing time and address. After the trial, the mayor will find out the court appearance and announce the court discipline. The judge will check his own situation, announce the cause of the case, listen to the roster of staff and arbitrators, inform them of their rights and obligations to sue, and find out whether they have explicitly applied for withdrawal. Then, he will go to the court to investigate, and the defendant of the traffic accident or the criminal defense lawyer will explain, the witness will testify and read the evidence. Provide evidence, evidence and audio-visual materials, read the appraisal conclusion, read the transcripts of on-site investigation, enter the trial stage, the traffic accident appellant or criminal defense lawyer speaks, the defendant defends the topic, the third person speaks or defends the topic, the traffic accident and the other party debate each other, and the judge understands many suggestions, and the trial is over.

4, the court is generally not easy to restore the court decision. Within a period of time after the trial, the court must announce the ruling and send it to the judgment, and the judgment will take effect.

The defendant should be liable for compensation, otherwise the appellant can apply to the court for enforcement immediately after the execution period expires.

Second, how to determine the traffic accident handling fee?

Medical expenses refer to the hospital treatment expenses necessary for my own traffic accident trauma after the road traffic accident, which leads to certain accidental injuries and must be treated and recovered as soon as possible. Key medical expenses include hospitalization registration fee, examination fee, examination fee, medical treatment fee, medical treatment fee, medical treatment fee and medical treatment fee. Medical expenses can be hospitalization expenses and hospital outpatient medical expenses, but the significance of the expenses depends on the treatment of disabled workers and seriously injured and dead people in traffic accidents. The emergence of medical expenses is an obvious adverse effect of road traffic accidents, which shows the importance and protection of the victims' basic personal freedom rights such as the right to body, life and health, and should of course be compensated.

Article 19 of the Supreme People's Court's Expression on Several Phenomena of Applicable Law in the Trial of Personal Injury Compensation Cases requires that "medical expenses should be based on payment vouchers such as treatment fees and medical expenses provided by designated medical institutions, and relevant certificates such as medical records and diagnosis certificates should be clear. If the compensation withholding agent has doubts about the importance and rationality of diagnosis and treatment, it shall bear the corresponding burden of proof. "

"The amount of compensation for medical expenses shall be defined according to the specific amount generated before the end of the trial of first instance. For all the recovery expenses, moderate plastic surgery expenses and other follow-up treatment expenses required for the functional restoration exercise of human organs, the compensation property owner may file a lawsuit after the specific production. However, according to the diagnosis and treatment or appraisal conclusion, the expenses that must be incurred can be compensated together with the medical expenses that have already occurred. "

According to the above requirements, the calculation of medical expenses is mainly based on "necessity". To put it bluntly, effective payment should be necessary in expression. It is an objective fact that the composition of medical expenses spent by victims is effective, which should be clarified in many aspects according to the actual situation. For example, the medical expenses incurred by traffic accident victims in hospitalization, referral, self-purchasing drugs, failing to recover beyond the rehabilitation date announced by medical treatment, visiting private hospitals for many times, and treating non-traffic accident injuries or diseases do not belong to the medical expenses of traffic accident harm compensation. The medical expense voucher shall be the standard medical service charge bill of hospitals directly under the county level or above. In areas without such hospitals, if it is necessary to treat the injured in traffic accidents or treat minor injuries urgently, it can also be the standard bill of medical service charges of other medical departments. After the traffic accident is identified, if the victim's body still needs to be restored and must be treated again, it should also compensate the necessary expenses according to the specific circumstances that require medical treatment. The key to the confirmation of its level is to be confirmed by the doctors in the hospital, and the relevant doctors should show the corresponding confirmation. According to the general situation of hospital diagnosis and treatment, medical expenses are mainly composed of examination expenses, treatment expenses and medical expenses.

Its calculation method is:

Compensation for medical expenses = medical expenses, treatment expenses and other medical expenses.

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