Two people fight, one person causes a fracture and the other person is responsible. How to deal with this situation?
1, which belongs to fighting with each other, should bear the responsibility for each other. Need to do injury identification. If it is identified as a minor injury or above, then you are suspected of a criminal offence and need to bear criminal responsibility. If it does not constitute a minor injury, then there is no need to bear criminal responsibility, and civil compensation will do. If you are identified as having minor injuries or more, then the other party also constitutes a crime. 2. Whether they need to bear criminal responsibility or not, they need to make civil compensation to each other, and compensate each other for medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If it constitutes a disability, they also need to compensate each other for disability compensation. 3. 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 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. 4. If there is no obligation to pay in advance, you can ask the other party to treat you first, and after the treatment, you can claim compensation from you with formal bills. You can refuse unsupported expenses or unreasonable demands.