First, the identification criteria of craniocerebral injury

According to the provisions of Articles 5 to 8 of the Appraisal Standard for Human Minor Injuries:

Capsule subdural hematoma; The area of scalp avulsion injury is 20 cm2 (children 10 cm2); The area of traumatic scalp defect is 10 cm2 (5 cm2 for children).

The cumulative length of scalp sharp instrument injury is 8 cm, and that of children is 6 cm. The cumulative length of blunt injury is 6 cm, and that of children is 4 cm.

Simple skull fracture.

Head injury confirmed a temporary disturbance of consciousness and amnesia.

Second, minor injuries identification procedures

1. Entrusted evaluation:

In line with the principle of "territorial priority, bottom-up and step-by-step entrustment". The case-handling personnel of the entrusting unit went to the appraisal institution of the local public security organ for the first time with the "Power of Attorney for Injury Appraisal", hospital diagnosis and treatment situation and relevant materials of the case.

2. Evaluation and acceptance:

Appraisal institutions and appraisers shall, according to the injuries of appraisers at that time and the hospital diagnosis and treatment provided by the case-handling unit and the relevant materials of the case, refer to the personal injury appraisal standards promulgated by the relevant state departments, make a decision on whether to accept or not after supplementing the materials, and inform the case-handling personnel of the entrusting unit of the reasons in the form of written receipt.

3. First identification:

After making the acceptance decision, the appraiser shall fill in the Registration Form of Accepted Cases in detail, and carefully check the quantity and status of various materials (including files, copies of medical records, laboratory tests, medical imaging films, etc.) provided by the entrusting unit. ); Conducting forensic examination, video recording and other inspection work; All kinds of materials that have a direct impact on the appraisal conclusion should be backed up and archived.

With the conditions for immediate injury identification, the appraisal institution of the public security organ shall put forward appraisal opinions and issue appraisal documents within 3 days from the date of accepting the entrustment. If the injury is complex and does not have the conditions for immediate appraisal, it shall put forward appraisal opinions and issue appraisal documents within 7 days from the date of entrustment. If it affects the function of tissues and organs or the injury is complicated and difficult to identify for a while, it shall timely put forward the appraisal opinions and issue the appraisal documents after the injury is stable.

The case-handler shall promptly receive the appraisal documents and the hospital diagnosis and treatment and case-related materials provided, and handle the written handover procedures.

4. Supplementary assessment:

The case-handling personnel and the parties to the case (matter) shall submit a written application for supplementary appraisal within 15 days after receiving the Notice of Appraisal Conclusion for the first appraisal. Supplementary appraisal shall be approved by the person in charge of the case-handling department of the public security organ and carried out by the original appraiser.

5. Re-evaluate:

The case-handling personnel and the parties to the case (matter) shall submit a written application for re-appraisal within 15 days after receiving the Notice of Appraisal Conclusion for the first time or supplementary appraisal. Re-appraisal must be approved by the competent leaders of public security organs at or above the county level, and implemented in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC).

Third, how to compensate for minor injuries in civil disputes?

1. Call the police first, then apply to the police for injury identification, and determine the other party's responsibility according to the injury identification conclusion.

If it is identified as a minor injury or more, then the other party is suspected of a criminal offence and may request to be investigated for criminal responsibility.

2. You can claim civil compensation from the other party, claiming medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If it constitutes a disability, you can also ask the other party to compensate for the disability compensation. The amount of expenses can refer to the following standards.

(1) medical expenses.

Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee;

(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 auxiliary treatment of physical diseases or purchase of nutrients other than daily diet in order to make the body recover 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 victim 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 expenses.

The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment;

Accommodation is paid according to the actual accommodation expenses of you and your entourage;

Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;

(5) Disability compensation.

Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim'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) Disability assistive devices fee

The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.

(7) Property losses

Property loss is limited to the actual property loss you have suffered, including the maintenance cost and depreciation cost 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.

3. The limitation of action for personal injury compensation is 3 years, counting from the day when you know or should know that the infringement occurred. If the statute of limitations is exceeded, the right to win the case will be lost. Therefore, it is suggested to file a lawsuit within 1 year to safeguard their legitimate rights and interests.

According to the provisions of the criminal law, those who are identified as slightly injured or above constitute the crime of intentional injury and are sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The above is the answer to the related legal knowledge, such as "Appraisal Standard of Head Minor Injury" compiled by Zhaofa. com。 If you have other legal questions, please go to Wangfa online legal consultation platform, and online lawyers will give you professional answers.

Legal objectivity:

The fifth subcapsular hematoma in the human minor injury identification standard: the scalp avulsion injury area is 20 square centimeters (children 10 square centimeters); The area of traumatic scalp defect is 65438±00 cm2 (5 cm2 for children). Article 6 of the human minor injury appraisal standard: the cumulative length of sharp scalp injury is 8 cm, and that of children is 6 cm; The cumulative length of blunt injury is 6 cm, and that of children is 4 cm. "Standard for Identification of Minor Injuries" Article 7 Simple skull fracture. Article 8 of the Appraisal Standard for Minor Injuries of Human Body confirms that there is temporary disturbance of consciousness and forgetfulness of recent events. Article 9 Eye injury (1) Eyelid injury affects face or function; (2) Simple orbital fracture; (3) partial injury and dysfunction of lacrimal apparatus; (four) part of the eyeball structure damage, affecting the face or function; (5) Injury leads to decreased vision, and binocular corrected vision drops to 0. Below 7 (visual acuity decreased by 0. 2) above, the corrected visual acuity of one eye dropped below 0.5 (more than 0.3 than before injury); The original monocular vision was low, and the vision decreased by one level after injury.