This part of the expenses includes several parts: medical expenses, including treatment expenses, medical expenses, examination expenses, operation expenses, hospitalization expenses and so on. Related expenses, related expenses closely related to treatment, etc.
First, how to determine the scope of compensation for personal tort property losses
The so-called compensation for property damage refers to the reduction of property expenditure and income caused by the personal injury of the victim, which mainly includes property loss, medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
Disability also includes disability compensation, disability AIDS, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment;
Death also includes funeral expenses, dependents' living expenses, death compensation, and other reasonable expenses such as transportation, accommodation and lost time.
2. What are the casualties in traffic accidents?
What losses should be compensated for traffic accident casualties:
1. Anyone who infringes on a citizen's body and causes casualties shall compensate for all the property losses caused thereby. According to the law, if the parties only bear limited liability or punitive liability, it shall be in accordance with the law.
2. If damage is caused to others, resulting in disability or death of others, the infringer shall appropriately compensate the victim or the survivors of the deceased for other losses.
3. The scope of compensation for personal injury and death includes medical expenses, lost time, nursing expenses, nutrition expenses, transportation expenses, appliances for the disabled, and necessary living expenses of the deceased's dependents.
4. Medical expenses: that is, the expenses paid by the victim for medical treatment after injury. It should include registration fee, medicine fee, examination fee, hospitalization fee, plastic surgery fee, etc. Generally speaking, medical expenses should be based on the diagnosis certificate and medical expense documents issued by the treatment hospital, which is really the expense of treating the injury caused by the infringer's infringement.
In the audit of medical expenses, the following specific provisions shall be observed:
(1) Registration fee: the number of times of registration fee, the number of times of medical treatment for work-related injuries approved, and the registration fee consistent with the examinee shall be compensated.
(2) Examination fees, treatment fees, etc. The examination and treatment expenses approved by the treatment hospital according to the injury need shall be compensated. Without the consent of the treatment hospital, the expenses unrelated to the injury or the expenses of self-repeated examination of the victim are not included in the scope of compensation, except for the injuries misdiagnosed and missed by the treatment hospital.
(3) Medical expenses: it must be the medical expenses for injury treatment caused by the offender's infringement. If you need to buy drugs, you must have a prescription from the treatment hospital. The type and quantity of drugs should be consistent with the prescription. Buying drugs unrelated to the damage without a prescription from the treatment hospital should not be included in the scope of compensation.
(4) Hospitalization expenses: The expenses incurred by the victim for hospitalization observation and treatment according to the requirements of the treatment hospital shall be compensated. However, after the treatment unit issued the discharge notice, the expenses incurred by the victim in deliberately extending the hospitalization time without justifiable reasons will not be compensated.
5. Generally, the victim should be examined and treated in the medical unit near the place where the infringement occurred or the place of residence. If it is really necessary to be transferred for treatment according to the injury, there should generally be a referral certificate issued by the hospital, and the victim has been to several hospitals. If treatment is really necessary after examination, compensation shall be made. No compensation will be paid for the cost of transfer without justifiable reasons, except that the victim can prove that the hospital does not agree to transfer without justifiable reasons.
6. Nutrition fee: it must be really needed for the recovery of the injury, and the standard of nutrition fee should be judged according to the severity of the injury. Whether the nutrition fee is needed and the payment period of the nutrition fee shall be determined according to the certificate of the hospital or the appraisal of the forensic doctor.
7. Lost time: the legitimate labor remuneration income reduced by the victim's inability to participate in labor (work) due to injury. The victim's absenteeism date shall be determined according to the actual damage degree and recovery status, and with reference to the certificate of the treatment hospital or forensic identification. If the actual absenteeism date is less than the leave certificate issued by the treatment hospital, it is generally determined according to the actual absenteeism date. If the victim really needs a vacation without a vacation certificate, he may seek the opinions of the medical department or the appraisal of forensic experts to identify it.
legal ground
Article 103 of the Civil Code stipulates that natural persons enjoy the right to the body. The personal safety and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the body rights of others.
Article 179 of the Civil Law stipulates that anyone who infringes upon 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 absenteeism. 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.