I. Medical expenses
Medical expenses refer to the expenses necessary for the victim to receive medical examination, treatment and rehabilitation, including registration fees, examination fees, medical expenses, treatment fees, hospitalization fees and other necessary medical expenses. The medical expenses of other diseases caused by infringement shall be appropriately compensated according to the causal relationship between infringement and damage consequences, the proportion of causality and other actual conditions. If causality and causality are difficult to determine, the people's court shall determine it by itself with reference to the appraisal conclusions of professional appraisal institutions.
(1) Registration fee. Generally, the registration certificate of the treatment unit is used as the proof of compensation.
(2) inspection fee. Based on the needs of injury diagnosis and treatment, the expenses incurred by the treatment unit should be compensated. The amount of compensation is confirmed according to the inspection documents, diagnosis certificates and corresponding charging vouchers of the medical treatment unit, but there is evidence that the expenses incurred by the victim due to unnecessary inspection will not be compensated.
The examination fees paid without the permission of the treatment unit shall not be compensated, unless the victim has justified reasons.
(3) medical expenses. Based on the needs of injury treatment and rehabilitation, the expenses incurred in purchasing drugs according to the prescription of the receiving unit shall be compensated. The amount of compensation shall be confirmed according to the prescription documents, diagnosis certificates and corresponding charging vouchers of the treated unit. However, if there is evidence that the victim has paid drugs or other articles unrelated to injury treatment and physical rehabilitation, the victim will not be compensated.
(4) treatment fee. Generally, the diagnosis certificate and treatment documents of the treatment unit are the basis for compensation.
(5) Hospitalization expenses. Generally, the diagnosis certificate and hospitalization documents of the treatment unit are used as the basis for compensation, but there is evidence that the victim's injury is obviously minor and he does not need hospitalization, or the hospitalization expenses paid by the victim who should be discharged after the injury is healed are not compensated.
Without the permission of the initial treatment unit, the expenses paid for transferring to other hospitals for treatment and purchasing drugs will not be compensated, unless the victim has a legitimate reason.
Second, the lost time fee
Lost time refers to the legal income reduced by the victim's inability to work normally due to physical injury. The calculation of lost time fee should consider the lost time fee and the legal income standard of the victim:
Lost time. Refers to the victim's work time delayed due to injury. Generally speaking, the time lost for work should refer to the certificate or forensic identification issued by the medical institution where the victim received treatment, or be determined according to the actual damage degree and recovery status of the victim.
If the victim's injury is obviously minor and does not affect his normal work, only the lost time on the day of medical treatment and dressing change will be calculated;
If the victim's injury is minor and does not require hospitalization, the time lost for work shall be calculated from the day when he stops working due to injury to the day when he actually recovers; When the victim was discharged from the hospital, the injury was still not healed. The lost working time shall be counted from the day when work is stopped due to injury to the day when the injury actually recovers.
If the victim is injured and disabled, the time lost for work is generally calculated from the day when he stops working due to injury to the day when he is disabled.
If the victim dies due to medical reasons, the time lost for work shall be counted from the date when he stops working due to injury to the date of death.
(2) The legal income standard of the victim. If the victim has a fixed income, it shall be calculated according to the actual loss of cultivated land income; However, if the actual income exceeds 5 times the average wage of employees in the last year where the Court of Appeal is located, it shall be calculated as 5 times.
If the victim has no fixed income or has other illegitimate legal income besides fixed income, it shall be calculated with reference to the average income of the victim in the previous one to three years;
If the victim cannot provide evidence to prove his average income in the last year to three years, it shall be calculated with reference to the average income of the same labor force in the same industry or similar industry where the court of appeal is located in the previous year.
If the victim is mainly engaged in domestic labor due to unemployment or retirement, it shall be calculated with reference to the average income of residents in the previous year published by the local county (city) level statistics department.
If agricultural production is harmed during the busy farming season, the lost time fee shall be calculated with reference to twice the average income of rural residents in the previous year published by the local county (city) level statistics department.
Third, the cost of nursing.
Nursing expenses refer to the time lost in caring for victims or the expenses incurred by hiring necessary nursing staff.
The calculation of nursing expenses should consider the number of nurses, nursing time and the standard of nurses' legal income;
(1) Number of nurses. Generally no more than two people. If there are still nursing needs after hospitalization or discharge, the number of nursing staff is 1.
(2) Nursing time. Limited to the period when the victim is completely unable to take care of himself due to injury.
(3) The legal income standard of nursing staff. Generally, it should be calculated according to the legal income standard of the victim's lost time; If someone is hired to care, the compensation for nursing expenses shall be confirmed according to the local labor remuneration standard for nurses engaged in the same level of nursing. However, the maximum amount of compensation for labor expenses shall not exceed twice the average income of the service industry in the previous year announced by the statistical department at the county (city) level where the victim is located;
Lawyer Zhu Jun of Henan Xinyuan Law Firm reminded: For those who need nursing fees, doctors must be required to issue a nursing certificate during hospitalization. If two people need nursing, the nursing certificate must indicate that they need nursing.
If the victim is unable to recover his self-care ability due to disability and requests compensation for future nursing expenses, the nursing period can be calculated according to the difference between his actual age at the time of disability and the average life expectancy at the place where the court of appeal is located, but the minimum is not less than 5 years and the longest is not more than 20 years. If the cost of installing functional prosthesis has been awarded, the future nursing cost will not be considered.
Judicial interpretation stipulates that the nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Four, hospital food subsidies
Hospitalization food subsidy refers to the reasonable compensation for the food expenses of the victim during hospitalization.
The hospitalization food allowance is based on the actual hospitalization time and calculated with reference to the standard of food allowance for ordinary state workers on business trips where the victim is located.
Verb (abbreviation of verb) nutritional feed
Nutritional expenses refer to the expenses paid by the victim for supplementary treatment or recovery as soon as possible after suffering damage.
The court determines whether to compensate according to the disability and the opinions of the treatment institution.
The amount of compensation for nutrition expenses is generally 20 to 30 yuan per day; The time to pay the nutrition fee is calculated according to the actual period of recovery from injury and the need for supplementary nutrition. However, the maximum compensation period shall not exceed six months.
Intransitive verb transportation and accommodation costs
Medical transportation expenses and accommodation expenses refer to the expenses such as car, boat and accommodation expenses that the victim and necessary nursing staff have to pay in the process of treating the injury.
(1) The transportation expenses for medical treatment are generally confirmed by the actual amount of transportation tickets, which should be consistent with the time and frequency of medical treatment and transfer.
The train ticket fee and air ticket fee above the hard sleeper are determined according to the hard sleeper ticket fee; Fares above the second-class cabin are determined by the second-class cabin fare; However, reasonable compensation should be given to the transportation expenses paid by the victim who needs emergency rescue due to serious injuries and must be hospitalized or transported by plane or chartered car.
(2) Hospitalization expenses. Generally, it is confirmed by the actual amount of the accommodation bill, which should be consistent with the time and frequency of medical treatment and transfer.
The amount of compensation for the daily accommodation fee shall not exceed the standard of the daily accommodation fee for ordinary state workers on business trips where the victim is located. If it is really necessary for the victim to go to other places for treatment, the actual expenses incurred due to objective reasons, including accommodation and meals for the victim and nursing staff, shall be compensated.
According to the Measures for the Administration of Travel Expenses of Provincial Organs and Institutions in Henan Province issued by Henan Provincial Department of Finance in 2007, you can refer to the reimbursement standard for travel expenses and accommodation expenses of ordinary staff, and the daily limit is per person 150 yuan.
Seven, disability appliances fee
Disability appliance expenses refer to the expenses spent by disabled people to configure functional or decorative disability appliances in order to restore limb functions or make up for physical defects caused by injuries.
If the victim requests compensation for the expenses of appliances for the disabled, he shall provide the certificate or expert opinion of the medical unit or the prosthetic production unit. The amount of compensation for disabled appliances is generally determined by the reasonable price of similar products of ordinary household appliances; The frequency of replacing appliances for the disabled should refer to the expert certificates of relevant departments, and be confirmed in combination with local actual living conditions and the remaining life of the victims.
Reasonable expenses related to transportation, accommodation, etc. Equipping the disabled with necessary appliances should also be properly compensated.
If the degree of physical disability has lost the conditions for installing artificial limbs and requires compensation for the cost of installing artificial limbs, it will not be supported.
The amount of compensation for prosthetic installation fees must be determined according to the price of ordinary household appliances of the disabled appliance preparation unit near the victim; The amount of compensation confirmed on the basis of the price of products produced or imported outside the mainland is generally not supported, except that it is lower than the price of ordinary household appliances.
Eight or ten levels of disability compensation
Disability compensation is calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and 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.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
Ten-level disability compensation is calculated as 20 years from the date of disability. If the victim is over 60 years old at the time of disability appraisal, each additional year will be reduced by one year on the basis of 20 years; Over 75 years of age, calculated by five years.
The compensation standard for disability compensation is generally based on the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located.
Nine, mental damage consolation money
Those who violate the natural person's right to health but are not disabled or infringe other rights or legitimate rights and interests of natural persons and need to pay compensation for mental damage are collectively referred to as mental consolation money; The amount of spiritual consolation money should be determined according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, and according to the fault of the infringer, the plot, influence and consequences of the infringement, the degree of mental damage caused to the victim, the specific social conditions of both parties and the attitude of the offender to admit his mistake.
According to the judgments of courts in various places in Henan Province in actual cases, in order to fully safeguard the legitimate rights of traffic accident victims, it is suggested that the close relatives of traffic accident victims can consider the following factors:
(a), the compensation obligor is a unit or individual, and the other party is a unit, especially institutions can consider asking the other party to pay more compensation; If the other party is an individual, considering the income level of the other party, the party with high income can ask the other party to give more compensation.
(2) The liability of the compensation obligor in the traffic accident. According to the traffic accident certificate, the other party bears full responsibility for the traffic accident, and if the compensation obligor bears full responsibility, main responsibility or equal responsibility, it may consider asking the other party to pay more compensation; If the obligor for compensation is secondary or irresponsible, he may consider asking the other party to pay less.
(3) The living standard of the court where the lawsuit is located. If the court of appeal has a high standard of living or is in a big city, you can consider asking the other party for more compensation; If the living standard of the court where the lawsuit is filed is relatively low or the county seat, you can consider asking the other party to pay less compensation.
(4) Whether the victims of traffic accidents belong to urban residents or rural residents. If the victims of traffic accidents belong to urban residents, they can consider asking the other party to pay more compensation; The victims of traffic accidents are rural residents, so we can consider asking the other party for less compensation.
The lawyer suggested that the compensation for the mental damage caused by the victim's 10-level disability due to a traffic accident could be considered between 5,000-110,000 yuan.
Ten, the cost of treatment after disability.
After the victim has been disabled, the request for future treatment fees is generally not supported. Although the victim is not disabled, he claims compensation for future treatment expenses on the grounds that he still needs to continue treatment after discharge. If it is proved that it is not enough to determine the future treatment cost, it will generally not be supported; However, if the medical expenses incurred during the litigation after prosecution are supported by corresponding evidence, they can be audited and calculated according to the standard of medical expenses.
Eleven, in addition to the above expenses, other expenses claimed by the victim, after review.