Traffic Accident 10th Grade Disability Minimum Compensation Tens of Thousands of Dollars

Compensation items

After a traffic accident, the injured person is most concerned about the issue of compensation and how the compensation is calculated, and only clear these two points we can maximize the maintenance of our legitimate rights and interests. According to the "Supreme People's Court on the trial of personal injury compensation cases on the application of law of a number of issues of the Interpretation" (hereinafter referred to as "the Interpretation") we can learn, the victim can get compensation for disability compensation, compensation for mental injury, medical expenses, lost wages, nursing costs, nutritional costs, hospital food subsidies, living expenses for dependents, follow-up treatment, accommodation, transportation costs, disability aids, Death compensation, funeral expenses, vehicle and property damage, etc.

Section I. Disability compensation

Disability compensation is a crucial compensation in traffic accidents, but also the most flexible space in the claims process, with or without, a lower grade or a higher grade can vary by tens of thousands of dollars. Disability compensation will be subject to the location of the court and the injured person often live in the last year of rural residents per capita net income or urban residents per capita disposable income, the age of the injured person disability grade, the nature of the injured person's household, and the disability grade and other factors of the comprehensive impact. Simple overview out of the disability compensation formula is divided into three kinds:

(1) Age less than or equal to 60 years = 20 * per capita disposable income of urban residents or per capita net income of rural residents in the previous year * disability coefficient.

(2) Age greater than 60 and less than 70 = [20 - (actual age - 60)] * per capita disposable income of urban residents or per capita net income of rural residents in the previous year * disability coefficient

(3) Age 75 and above = 5 * per capita disposable income of urban residents or per capita net income of rural residents in the previous year * disability coefficient.

Frequently Asked Questions:

1. Which region's per capita disposable income of urban residents or per capita net income of rural residents in the previous year is used to advocate?

Selection is based on the location of the court to be sued and the injured person's usual place of residence.

2. How is the disability factor calculated?

Disability grades are divided into 1-10, with grade 1 being the most serious and grade 10 the least serious, corresponding to disability coefficients of 100%-10%. In the event of more than one disability grade, one of the highest grades will be used as the main coefficient, and the other grades will have additional coefficients based on the extent of the disability and the judge's discretionary power, but the total of all the additional coefficients must not be greater than 10%.

Up to 100%

Section II. Moral damages

Mental damage consolation is also commonly known as "spiritual loss", the compensation will be due to the degree of fault of the infringer, the degree and location of the injury, the means of infringement and occasions, the infringer's financial capacity, the economic situation of the location of the court, and other factors and differences. In terms of judicial practice in Changchun City, the general 10th degree of disability in about 5,000 yuan, increasing by grade, the same, this standard is also affected by the previous factors, and in general no disability level, there is no moral damages.

Section III. Medical expenses

On the issue of medical expenses, in layman's terms, is because of traffic accidents after the injury treatment of the injury spent on the relevant medical institutions, cosmetic surgery institutions of reasonable costs. In our actual judicial practice, the victim is most concerned about some of the issues through our years of experience in handling cases are summarized below:

1. How long can I claim medical expenses?

According to the law, the amount of compensation for medical expenses is determined in accordance with the amount actually incurred before the conclusion of the debate in the court of first instance. In other words, we can claim that the costs of the examination before admission to the hospital, the costs during hospitalization, and the reasonable costs incurred after discharge from the hospital until the end of the debate in the court of first instance are all compensable.

2. How do I claim follow-up medical expenses?

The follow-up medical fee is the cost of the second operation and its related expenses, which is determined according to the standard of the treatment cost of Changchun tertiary hospitals in Changchun. Generally speaking, it can basically meet the needs of later treatment, but special cases cannot be ruled out. Therefore, when there are special circumstances, in accordance with the provisions of the law, you can choose to actually occur after the claim, especially their own responsibility is greater, in the non-medical compensation does not exceed the amount of compensation for compulsory insurance, you can consider the actual occurrence of the claim, on the one hand, you can reduce the risk of excess treatment, on the other hand, you can claim a second hospitalization during the nursing fee and lost wages to reduce losses.

3. Will the at-fault party or the insurance company refuse to pay the relevant expenses on the ground that the medical expenses are unreasonable?

This issue arises most commonly when the injured person goes through the process of claiming compensation themselves. According to the law, the compensation obligor shall bear the burden of proof if he disagrees with the necessity and reasonableness of the treatment costs. Therefore, during the treatment period, as long as you did not deliberately ask the doctor to expand the treatment or use special drugs, and did not transfer to the hospital without reason. If you are discharged from the hospital and re-admitted to the hospital for treatment without any reason, there is no problem to be dealt with by a professional lawyer.

Section IV. Lost wages

The amount of lost wages is mainly determined by the actual reduction of the injured person's income for the specific time of lost work. The amount of time lost at work is determined by the firm opinion of the appraisal organization, the actual time lost at work, and the date of injury to the day before the date of disability, so the preparation of evidence of the time lost at work is also crucial.

Section V. Nursing care

Nursing care fees are determined according to the income of the caregiver, the number of caregivers and the duration of care. If the caregiver has an income, it is calculated in accordance with the provisions on lost wages; if the caregiver does not have an income or employs a caregiver, it is calculated in accordance with the standard of remuneration for local caregivers engaged in the same level of care. The number of caregivers shall in principle be one, but if the medical institution or appraisal organization has a clear opinion, it may claim the number of caregivers with reference to the number of caregivers determined. The period of nursing care shall be calculated until the victim regains the ability to take care of himself or herself. If the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of nursing care may be determined in accordance with his or her age, state of health and other factors, and a reasonable period of nursing care may be determined in accordance with his or her age, state of health and other factors, but the maximum period of nursing care shall not exceed twenty years. The level of care for a victim after his or her disability has been determined shall be determined in accordance with the degree of dependence on his or her care and in conjunction with the allocation of disability assistive devices.

Section VI. Nutritional costs

Private settlements generally do not have nutritional costs, litigation to resolve the nutritional cost of compensation is based on the appraisal agency to do nutritional period appraisal, according to the $ 100 per day.

Section VII. Hospitalization meal allowance

About this compensation program in our case, the injured person is most confused about three questions: First, after discharge from the hospital there is no? Second, is there any escort? Third, how much money a day?

Hospital meal allowance is hospitalized only, and only for the injured person, only for objective reasons out of the hospital, and can not be hospitalized in this case outside the hospital and the accompanying staff to have compensation. On the issue of compensation standards, laws and regulations are in accordance with the local state organs of the general staff on a business trip meal allowance standard to be determined.

Section VIII. Maintenance of dependants

Dependent living expenses can be claimed and claim how much with the disability of the injured person, the age of the dependent person, the nature of the dependent person's hukou or the nature of the place of habitual residence, the location of the court under litigation or the place of habitual residence of the dependent person of the per capita consumption expenditure of the urban residents of the previous year, the dependent person has the ability to work and the source of income, and other reasons are closely related to the situation.

Living expenses for dependants are calculated according to the degree of the dependant's incapacity for work, in accordance with the standards for per capita urban and per capita rural consumer spending for the previous year at the location of the court under appeal. If the dependent is a minor, the calculation shall be made up to the age of eighteen; if the dependent is incapable of working and has no other source of livelihood, the calculation shall be made up to twenty years. However, for those over sixty years of age, the period is reduced by one year for each additional year of age; for those over seventy-five years of age, the period is calculated over five years.

Dependents are minors or close adult relatives who are incapacitated and have no other means of support, for whom the victim is legally obligated to provide support. Where a dependent has other dependents, the person liable for compensation shall only compensate the victim for the portion of the compensation that he or she is legally obligated to pay. Where there are several dependants, the total annual compensation shall not exceed the amount of per capita consumption expenditure of urban residents or the amount of per capita annual living consumption expenditure of rural residents in the preceding year.

Section IX. Accommodation

With regard to compensation for accommodation, the current jurisprudence provides for compensation in two main cases:

(a) Reasonable accommodation costs shall be compensated if the victim needs to go abroad for treatment and cannot be hospitalized for objective reasons.

(b) In the case of a person who dies as a result of a traffic accident, the accommodation expenses incurred by his or her relatives in handling the funeral may be claimed.

Accommodation rates are calculated using the relevant accommodation invoice.

Section X. Transportation costs

Transportation costs are calculated on the basis of the actual costs incurred by the victim and his or her necessary companions in seeking medical treatment or transferring to a hospital for treatment. Transportation costs shall be supported by official receipts; such receipts shall correspond to the place, time, number of persons and number of visits to the hospital.

Although this is a relatively small item of compensation, judicial practice has not reduced the requirements for the collection, organization and presentation of evidence.

Section XI. Disability aids

The cost of disability assistive devices is calculated in accordance with the reasonable cost standard for ordinary applicable devices. If there is a special need in the case of injury, the reasonable cost standard can be determined with reference to the opinion of the auxiliary apparatus dispensing organization.

The replacement cycle and compensation period for assistive devices are determined with reference to the opinion of the dispensing organization.

In judicial practice, the duration of compensation is still controversial. Currently, the prevailing view is that a maximum of 20 years is the maximum period for which a lump-sum indemnity is required, and that the period for those over 60 years of age will be reduced accordingly as they grow older.

Of course, those who consider this program to be undercompensated may retain their right to sue for compensation in the amount actually incurred.

Section XII. Death compensation

Death compensation is calculated over a period of twenty years in accordance with the standardized per capita disposable income of urban residents or per capita net income of rural residents in the place where the court under appeal is located for the preceding year. However, if the person is over sixty years of age, the amount shall be reduced by one year for each additional year of age; if the person is over seventy-five years of age, the amount shall be calculated on the basis of five years.

Section XIII. Funeral expenses

Funeral expenses are calculated on the basis of the average monthly salary of employees in the previous year at the place where the court under appeal is located, and are calculated on the basis of a six-month total.

In judicial practice, many families of the deceased think to get all the compensation and then deal with the body, in fact, this is not wise. Because as long as the two sides of the autopsy report has no objection, the normal judicial channels will not affect the later compensation, if you do not timely disposal of the body, and thus more costs related to the last but to bear.

Section XIV. Loss of vehicles and property

In traffic accidents, injuries outside the main loss is the vehicle and their own belongings, when the accident occurs after the timely evidence and written notice to the traffic police and insurance companies loss adjusters. Vehicle loss claim is generally more simple and clear, mainly maintenance invoices, other property losses in the claim is relatively difficult, need to provide invoices and damaged property before the accident the property is intact evidence and so on.

Author's WeChat