Judicial interpretation of personal injury compensation in civil code

Judicial interpretation of personal injury compensation in the Civil Code: If the victim suffers personal injury, the compensation obligor shall compensate all the expenses arising from medical treatment and the income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of dependents, etc. Personal injury compensation refers to a civil legal relief system in which the actor infringes on the right to life and health of others, causing personal injury, disability, death and other consequences, and bears monetary compensation responsibility.

According to the provisions of this article, the scope of personal injury compensation includes the following contents:

1, general personal injury, starting from the injury caused by the human body and taking the cured injury as the critical point, is different from human disability;

2. Causing disability is based on the premise of injury and the necessary condition of disability after treatment, which is different from injury and death;

3, causing death, with personal injury as the necessary premise and the victim's loss of life as the necessary condition.

Whether it is compensation for personal injury caused by work-related injuries, traffic accidents and medical disputes, or compensation for personal injury caused by product quality and environmental pollution. The injured or their families may claim the following fourteen compensations:

1, medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and lost time expenses;

2. If disability is caused, you can also claim assistive devices and disability compensation;

3. If death is caused, you can continue to claim funeral expenses, death compensation, living expenses of dependents, funeral expenses of victims' relatives, transportation expenses, funeral expenses of victims' relatives, accommodation expenses and funeral expenses of victims' relatives, and lost time.

To sum up, compensation for personal injury should adhere to the principle of consistency between compensation and damage, so that the victim can get full compensation, but not improper benefits. Based on this principle, medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as compensation for income losses caused by missed work, should be fully compensated, that is, how much is lost.

Legal basis:

Article 1 179 of the Civil Code of People's Republic of China (PRC).

Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as 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.

Article 180

If the same tort causes multiple deaths, the same amount of death compensation can be determined.