Legal analysis
If minor injuries are caused, medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies and necessary nutrition expenses shall be compensated during hospitalization; If the injury reaches the level of disability, it also needs disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses and nursing expenses actually incurred due to rehabilitation nursing and continuing treatment. 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, plastic surgery fee and follow-up treatment fee paid by the other party for treatment. Nutrition fee, which is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. The lost time fee, nursing fee, 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, the victim cannot prove his average income in the last three years according to his average income in the last three years. Transportation, accommodation and transportation expenses are calculated according to the actual transportation expenses incurred by the other party and necessary accompanying personnel for medical treatment or transfer to hospital for treatment; 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. Disability compensation and disability compensation are calculated according to the disability level determined by judicial appraisal and the living expenses or income standards 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. The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. Property loss, property loss is limited to the property loss actually suffered by the other party, including the maintenance and depreciation of the goods, and is limited to the actual value of the damaged goods.
legal ground
Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.