A. Personal injury compensation dispute compensation standard is what?
According to China's laws, infringement of others caused personal injury, shall be compensated for medical expenses, nursing costs, transportation costs and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost work. Cause disability, should also be compensated for disability living aids and disability compensation. In case of death, funeral expenses and death compensation shall also be compensated. Specific standards are as follows:
1, medical expenses
Compensation for medical treatment costs, generally should be the location of the hospital's diagnostic certificate of treatment and medical expenses, treatment costs, hospitalization bills or medical records, prescriptions. If necessary, can be entrusted to forensic identification.
2, lost wages
The date of the victim's lost wages, should be based on the actual extent of damage, recovery and reference to forensic identification or treatment of hospitals issued certificates and other determinations.
3, meals
Hospital meal allowance, in accordance with the general staff of state organs on a business trip meal allowance standard ( yuan / day ) × hospitalization days compensation.
4, nursing costs
The victim's ability to take care of themselves after the victimization, generally should be identified by forensic identification or treatment of hospitals to determine the certificate issued.
5, transportation costs
Compensation for transportation costs, generally should be public **** tram ( car ), hard seats on trains, ships, boats, etc., below the third class cabin charges. But the injury is critical, inconvenient transportation or no local car ( ship ) except.
6, accommodation costs
The victim must go to an out-of-town hospital for treatment, due to hospital beds or other reasons for the limitations of the need to wait for medical treatment and injuries do not allow the home and back, or home and back to the home of the transportation costs are higher than the cost of accommodation, the accommodation costs of themselves and the necessary caregivers shall be compensated.
7, nutrition
The forensic identification or treatment of hospitals to prove that the victim's injuries are serious, there is a need to supplement the nutritious food as an aid to the treatment, the cost of discretionary compensation.
8, disability compensation
Invasion of another person's body to the loss of all or part of his ability to work, should be compensated for disability compensation.
9, disability appliances
Disability needs to be equipped with compensatory appliances, should be based on the certificate of the treatment hospital or forensic opinion, combined with the user's age, the average life expectancy of China's population, the appliance life and other factors, in accordance with the popularization of appliances to calculate the amount of compensation.
10, funeral expenses
Funeral expenses, generally including the transportation of the body, cremation, ordinary urns and a period of storage of ashes and other costs.
11, death compensation
The death of a person due to tort, should pay the family of the deceased a certain amount of death compensation.
12, living expenses
Dependent on the actual support of the victim, refers to the victim's death or incapacity to work before the actual support, alimony, support and no other source of livelihood.
13, consolation money
Moral damage consolation is due to the tort of the aggressor to the victim caused by physical pain or physical disability, death at the same time, to the victim or the victim's close relatives caused mental pain and trauma of a form of economic compensation. The specific amount of moral damages consolation is awarded at the discretion of the court according to the actual situation.
Second, the general personal injury disputes are mainly?
1, fighting and assault type, this kind of dispute we often meet in life, caused by the cause is mainly due to one or two small things or one or two indecent words and happen. Because of the fights caused by personal injury compensation cases are more, especially in recent years, this kind of cases continue unabated.
2, traffic accidents type, road traffic accidents refers to the vehicle on the road due to fault or accident caused by personal injury or property damage. This type of case is mainly due to motor vehicle drivers ignore traffic safety laws and regulations, illegal driving, resulting in injuries and disabilities caused by the parties involved, and even death. Recently started the national rectification of drunk driving action, it is to crack down on drunk driving this illegal behavior, to avoid drunk driving to people caused by personal injury.
3, the work process suffered personal injury type, with the development of China's economy, the increase of various types of enterprises and institutions, factories, mines and enterprises, such as lax management of the unit, poor safety awareness of the industry, illegal operation, etc., in the workplace caused accidents.
4, the medical process suffered personal injury type, due to poor medical equipment, diagnostic technology is not good and medical staff responsibility is not strong, violation of operating procedures, resulting in the aggravation of the patient's condition, disability, or even death.
5, product quality, due to substandard product quality or counterfeit, shoddy goods caused injury.
6, accident type, personal injury compensation for the plaintiff, the defendant is no subjective fault, is caused by accidents.
7, other personal injury compensation cases, in addition to the above categories of personal injury compensation cases, other special types of personal injury compensation cases are mainly the following categories: animal injury personal injury compensation cases; electric shock injury personal injury compensation cases; environmental pollution personal injury compensation cases; highly hazardous operations personal injury compensation cases; objects in the harm of personal injury compensation cases; construction of personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases; personal injury cases Damage compensation cases; construction of personal injury compensation cases; defense personal injury compensation cases; help personal injury compensation cases.
Third, what are the ways to resolve personal injury disputes?
Personal injury compensation is usually three ways to resolve, namely, consultation, mediation and litigation.
1, consultation
Consultation refers to the parties on a voluntary basis, the right to personal injury compensation, the obligor and the specific compensation agreement reached.
2, litigation
Litigation refers to the natural person's life, health, body suffered from the infringement of the right to compensation sued to the people's court, requesting compensation obligations for property losses and moral damage. The occurrence of legally effective civil judgments and rulings, the parties must fulfill. One party refuses to fulfill, the other party can apply to the people's court for execution, can also be transferred by the adjudicator to the execution of the executor.
3, mediation
Mediation, refers to the people's conciliation commission through persuasion, guidance and other methods, to promote the parties to voluntarily reach a conciliation agreement on the basis of equal consultation to resolve civil disputes. After the people's conciliation committee mediation reached a conciliation agreement, the parties believe it is necessary, you can from the date of the effective date of the conciliation agreement within thirty days **** with the people's court to apply for judicial confirmation, the people's court shall review the conciliation agreement in a timely manner, according to law to confirm the validity of the conciliation agreement. The people's court confirms the validity of the conciliation agreement according to law, one party refuses to perform or not all the performance, the other party may apply to the people's court for compulsory execution.
The above is to find law net editor for you to collect and organize the compensation standard of personal injury disputes of the relevant legal provisions. Personal injury compensation disputes are generally resolved through negotiation, litigation and mediation. I hope to help you, if you have other legal problems, welcome to find law online legal platform for consultation, online lawyers will provide you with detailed legal advice.
Legal Objective:The Chinese People's *** and National Code
Article 179
Aggression against another person causing personal injury shall be compensated for the medical expenses, nursing care, transportation, nutrition, hospital meal allowance, and other reasonable expenses for treatment and rehabilitation, as well as the reduction of income due to lost work. If it causes disability, it shall also compensate for the cost of auxiliary aids and disability compensation;
If it causes death, it shall also compensate for funeral expenses and death compensation.