The scope of personal injury compensation includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, dependents Living expenses, rehabilitation expenses, nursing expenses, follow-up treatment expenses, funeral expenses, death compensation and other reasonable expenses, and mental damage solatium.
1. General personal injury compensation scope: various expenses incurred for medical treatment due to personal injury and losses caused by lost work, including: medical expenses, lost work expenses, nursing expenses, transportation expenses, and accommodation expenses , hospitalization food subsidy, necessary nutrition;
2. Compensation scope for personal damage resulting in disability: In addition to the above compensation scope, items that should be compensated include: disability compensation, disability assistance Equipment fees, living expenses for dependents, rehabilitation and nursing fees, follow-up treatment fees, necessary rehabilitation fees for continued treatment, nursing fees, and necessary mental damage consolation funds;
3. Compensation scope for the death of the victim: In addition to the general scope of personal injury compensation due to rescue treatment, items that should also be compensated include: funeral expenses, living expenses for dependents, death compensation, and transportation expenses, accommodation expenses and lost work expenses incurred by the victim’s family to deal with the incident. Necessary solatium for emotional distress.
The types of personal injury compensation cases are as follows:
1. Fighting type: This type of disputes are often encountered in our lives, and they are mainly caused by one or two small things or one or two sentences. Occurs due to inappropriate words. There are many personal injury compensation cases caused by fights, especially in recent years, such cases have increased unabated;
2. Traffic accident type: Road traffic accident refers to a vehicle accident on the road. Personal injury or property damage caused by fault or accident. Such cases are mainly caused by motor vehicle drivers ignoring traffic safety laws and regulations and driving illegally, resulting in injuries, disabilities, or even death of the parties involved. The recently launched nationwide campaign to crack down on drunk driving is precisely to crack down on this type of drunk driving. Illegal behavior and avoid the personal damage caused to people by drunk driving;
3. Personal damage suffered during work: With the development of our country's economy, the number of various types of enterprises and institutions, factories, mines and other units Lack of strict management, poor safety awareness of industry personnel, illegal operations, etc., causing accidents at work;
4. Personal injury suffered during the medical process: due to rudimentary medical equipment, poor diagnostic technology and medical personnel Weak sense of responsibility, violation of operating procedures, resulting in aggravation of the patient's condition, disability, or even death;
5. Product quality type: injuries caused by substandard product quality or counterfeit or shoddy goods;
6. Accident type: Neither the plaintiff nor the defendant in personal injury compensation has any subjective fault, and it was caused by an accident;
7. Other personal injury compensation cases, except for the above categories of personal injuries In addition to the types of compensation cases, other special types of personal injury compensation cases mainly include the following categories: personal injury compensation cases for injuries caused by animals; personal injury compensation cases for electric shock injuries; personal injury compensation cases for environmental pollution; personal injury compensation cases for highly hazardous operations Compensation cases; personal injury compensation cases caused by objects; personal injury compensation cases caused by construction; personal injury compensation cases due to excessive defense; personal injury compensation cases for helpers.
To sum up, personal injury compensation refers to a civil legal relief system in which the perpetrator infringes upon the life and health rights of others, causing injury, disability, death and other consequences, and bears liability for monetary compensation. Establishing a complete personal injury compensation system that is consistent with my country's national conditions is of great significance to comprehensively protecting the life and health rights of natural persons.
Legal basis:
Article 1179 of the "People's Republic of China and Civil Code"
Whoever infringes upon others and causes personal damage, Reasonable expenses for treatment and recovery such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc., as well as the loss of income due to missed work should be compensated. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.