Legal subjectivity:

1. Standards for identification of minor head injuries

According to Articles 5 to 8 of the "Standards for Identification of Minor Injuries to the Human Body": < /p>

Subgaleal hematoma; scalp avulsion area up to 20 square centimeters (up to 10 square centimeters in children); scalp traumatic defect area up to 10 square centimeters (up to 5 square centimeters in children).

The cumulative length of sharp wounds on the scalp reaches 8 cm, in children it reaches 6 cm; the cumulative length of blunt wounds reaches 6 cm, in children it reaches 4 cm.

Simple skull fracture.

Head injury confirmed transient disturbance of consciousness and recent amnesia.

2. Minor Injury Appraisal Procedure

1. Entrustment of appraisal:

Based on the principle of “domestic-based, bottom-up, and level-by-level entrustment” . The case handler of the entrusting unit takes the "Injury Appraisal Power of Attorney", hospital diagnosis and treatment and case-related materials, and goes to the appraisal institution of the local public security organ with the person being appraised for the first injury appraisal.

2. Acceptance of the appraisal:

The appraisal institution and the appraiser shall make a decision based on the injury of the person being appraised at the time and the hospital diagnosis and treatment and case-related materials provided by the case handler, with reference to the personal information issued by the relevant national departments. Injury appraisal standards, timely decision of acceptance, supplementary materials, or inability to accept the case, and inform the case handler of the entrusting unit in the form of a written receipt of the reasons.

3. First appraisal:

After making the acceptance decision, the appraiser must fill in the "Acceptance Case Registration Form" in detail and carefully check the various materials provided by the entrusting unit (including case files, The number and status of copies of medical records, laboratory test orders, medical imaging films, etc.); conduct forensic examinations, videotaping and other inspection work; various materials that directly affect the identification conclusion should be backed up and archived.

If the conditions are met for immediate injury appraisal, the appraisal institution of the public security organ shall provide appraisal opinions and issue appraisal documents within 3 days from the date of entrustment. If the injury is relatively complex and the conditions for immediate appraisal are not met, the appraisal opinion shall be submitted and appraisal documents shall be issued within 7 days from the date of entrustment. For injuries that affect tissue or organ function or are complicated and difficult to conduct an appraisal at the moment, an appraisal opinion will be provided in a timely manner and an appraisal document will be issued after the injury stabilizes.

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

4. Supplementary appraisal:

The person handling the case and the parties to the case (event) must submit a supplementary appraisal within 15 days after receiving the "Notice of Appraisal Conclusion" from the first appraisal. written application. The supplementary appraisal must be approved by the person in charge of the case-handling department or above of the public security organ and be conducted by the original appraiser.

5. Re-appraisal:

The person handling the case and the parties to the case (event) must submit a request within 15 days after receiving the "notice of appraisal conclusion" of the first or supplementary appraisal. Written request for requalification. Re-identification must be approved by the leaders of the public security organs at or above the county level and shall be implemented in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China.

3. How to compensate for minor injuries in a civil dispute

1. First call the police, then apply to the police for injury appraisal, and determine the other party’s responsibility based on the injury appraisal conclusion.

If it is determined that the injury is minor or above, then the other party is suspected of a criminal offense and can request to be held criminally responsible.

2. You can ask the other party to make civil compensation, including medical expenses, lost work wages, nutrition fees, nursing fees, property losses, etc. If it constitutes disability, you can also ask the other party to compensate for disability compensation. The amount of fees can refer to the following standards.

(1) Medical expenses.

The amount of medical expenses is determined based on the hospital’s diagnosis certificate and formal medical invoice. Including registration fees, examination fees, surgery fees, medical fees, hospitalization fees, plastic surgery fees and follow-up treatment fees that you pay for treatment;

(2) Nutrition fees.

The amount of nutrition fee is determined based on the nutritional needs diagnosis certificate issued by the doctor and the relevant expense expenditure certificate. It refers to the cost of nutritional supplements other than daily diet purchased to assist in the treatment of physical diseases or to help the body recover as quickly as possible.

(3) Lost work fees and nursing fees.

Lost work fees and nursing fees are determined based on the victim’s or caregiver’s missed work time and income status. If you have a fixed income, lost time wages will be calculated based on the actual decrease in income. If there is no fixed income, the calculation shall be based on the average income of the last three years; if the victim cannot provide evidence to prove his average income of the last three years, the calculation may be made with reference to the average salary of employees in the same or similar industry in the previous year where the court where the suit is filed is located.

(4) Transportation, food and accommodation expenses.

The transportation fee is calculated based on the actual transportation expenses incurred by you and your necessary accompanying persons for medical treatment, escorting, or transfer to a hospital for treatment;

The accommodation fee is based on the actual accommodation expenses incurred by you and your accompanying persons. Payment of fees;

Hospital food subsidy should be calculated based on actual expenditures and costs or actual local living standards;

(5) Disability compensation.

Disability compensation is calculated based on the disability level determined by forensic identification and the living expenses or income standards of the victim’s place of residence or actual residence.

According to the local published per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, the calculation is based on twenty years from the date of disability determination. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, the calculation will be based on five years;

(6) Disability assistive device fee

Disability The fee for assistive devices is calculated based on the reasonable cost standards for ordinary applicable devices.

(7) Property damage

Property damage is limited to the actual property loss you suffer, including repairs of items Fees, derogation fees, etc. shall be limited to the actual value of the damaged items. Invoices, contracts, receipts, etc. for the purchased items should be provided to prove the value of the damaged items. If the value cannot be determined, you can apply for appraisal and determine it based on the appraisal conclusion.

3. The statute of limitations for personal injury compensation is 3 years, starting from the date when the person knew or should have known that the infringement occurred. If the statute of limitations exceeds the statute of limitations, the right to win the lawsuit will be lost. Therefore, it is recommended to sue within one year to protect your legal rights.

According to the provisions of the criminal law, if the injury is deemed to be minor or above, it shall constitute the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The above are the answers to the "Standards for Identification of Minor Head Injuries" and other relevant legal knowledge compiled by the editor of the Legal Network. If you have other legal questions, you are welcome to go to the online legal consultation platform of Zhaofawang. Online lawyers will give you professional answers. Legal objectivity:

Article 5 of the "Standards for the Identification of Minor Injuries to the Human Body": subgaleal hematoma; scalp avulsion area up to 20 square centimeters (up to 10 square centimeters in children); scalp traumatic defect area up to 20 square centimeters 10 cm2 (up to 5 cm2 for children). Article 6: The cumulative length of sharp wounds on the scalp reaches 8 cm, in children it reaches 6 cm; the cumulative length of blunt wounds reaches 6 cm, in children it reaches 4 cm. Article 7 Simple skull fracture. Article 8: Head injury confirms temporary disturbance of consciousness and amnesia of recent events.