Specific compensation standards are as follows:
1, medical expenses according to the medical institutions issued by the medical expenses, hospitalization fees and other receipts, combined with medical records and diagnostic certificates and other relevant evidence to determine.
If the person liable for compensation disagrees with the necessity and reasonableness of the treatment, he shall bear the corresponding burden of proof.
2, lost wages according to the victim's lost time and income status.
The time lost at work is determined according to the certificate issued by the medical institution where the victim received treatment.
If the victim continues to miss work due to disability, the time missed from work can be calculated up to the day before the date of determination of disability.
If the victim has a fixed income, the lost wages shall be calculated according to the actual reduction of income.
If the victim has no fixed income, the compensation shall be calculated according to the average income of the last three years;
If the victim cannot prove the average income of the last three years, the compensation may be calculated by referring to the average salary of the workers of the same or similar industry in the place where the court of appeal is located in the previous year.
3. Nursing care fees are determined according to the income status of the nursing staff and the number and duration of nursing care.
Nursing staff have income, with reference to the provisions of lost wages;
nursing staff do not have income or hire a caregiver, with reference to the local caregiver engaged in the same level of care of the standard of remuneration for labor.
4. Transportation costs are calculated on the basis of the actual expenses incurred by the victim and his/her necessary companions for medical treatment or transfer to a hospital for treatment.
5. Hospitalization meal allowance can be determined by reference to the local state organs of the general staff of business trip meal allowance standard.
6. Nutritional expenses shall be determined according to the victim's disability with reference to the opinion of the medical institution.
7, disability compensation according to the victim's degree of incapacity for work or disability grade, according to the court in the location of the per capita disposable income of urban residents in the previous year standard, from the date of determination of disability is calculated by twenty years.
But if the victim is over sixty years old, the amount shall be reduced by one year for each additional year of age;
if the victim is over seventy-five years old, the amount shall be calculated according to five years.
If the victim is disabled as a result of the injury but there is no reduction in his actual income, or if the grade of disability is less severe but the occupational nuisance caused seriously affects his labor and employment, the disability compensation may be adjusted accordingly.
8. The cost of disability aids is calculated in accordance with the reasonable cost standard of common applicable aids.
If the injury has special needs, the reasonable cost standard can be determined with reference to the opinion of the auxiliary aid preparation organization.
9. The amount of compensation for moral damage is determined according to the following factors:
(1) the degree of fault of the tortfeasor, unless otherwise provided by law;
(2) the purpose, manner, occasion and other specific circumstances of the infringement;
(3) the consequences of the infringement;
(4) the infringer's profitability;
(5) the infringer's financial ability to assume responsibility;
(6) the average standard of living in the location of the court where the lawsuit is filed.
Bicycle hit a person should be how to deal with
1, the bicycle hit a person needs to bear civil liability, the parties to the facts and causes of the dispute: first, immediately report to the police, if the equipment is damaged mark the location of the accident vehicle, the vehicle will be moved to a location that does not impede traffic, traffic police arrived at the scene to produce the accident certificate, delivered to the parties on the spot;
2, The parties to the facts and causes of no dispute: self-evacuation from the scene, and then fill in the time of traffic accidents, location, weather, name of the parties, motor vehicle license number, contact information, motor vehicle license plate number, insurance certificate number, traffic accident form, collision parts of the contents of the agreement or written records, *** with the signatures; self-consultation of the amount of compensation and the way of compensation.
I hope the above can help you, if you have other questions please consult a professional lawyer.
Legal basis:
Article 179 of the Civil Code
Aggression against another person causing personal injury shall be compensated for the reasonable costs of medical expenses, nursing care, transportation costs, nutritional expenses, hospital meal allowance, and other expenses for treatment and rehabilitation, as well as the reduction of income due to lost work. Where disability is caused, compensation shall also be made for the cost of auxiliary aids and disability compensation; where death is caused, compensation shall also be made for funeral expenses and death compensation.
Article 1183
If the infringement of the personal rights and interests of a natural person causes serious moral damage, the infringed person shall have the right to request compensation for moral damage.
Where serious moral damage is caused by the infringement of a natural person's specific object of personal significance due to intent or gross negligence, the infringed person shall have the right to request compensation for moral damage.