Will a total number of accident claims?

 

After the accident, the victim how to perpetrators accident claim, what are the specific project? Claim the precautions required in the process? Recently, the reporter consulted on this issue of Sun Yong, Beijing Capitel law firm lawyers.

 

Counsel explained that, in general, the specific situation of victims after the accident can be divided into three categories: general injury, disability and death. Based on "Compensation for Personal Injury Supreme Court cases on the law applicable to the interpretation of a number of issues," provides that victims of auto accidents cause personal injury if the injured party should be on the costs of casualties resulting from a accident claim to the accident. Among them, the casualties and the individual's fundamental social conditions are restricting the amount of the accident claim after the event.

General claims about seven injured

 

Sun lawyers said the victims were injured in auto accident caused, if the injury does not constitute an appraisal by the relevant bodies of disability, should seek medical treatment on the injury resulting from medical expenses, lost income, nursing care, transportation, accommodation, food subsidies and the need for hospitalization of these payments to the responsible party accident claim.

 

Medical expenses

Accident claim for medical expenses issued by the major medical institutions under medical expenses, hospital fees, collection vouchers to determine. The amount of compensation for medical expenses, in accordance with the mutual agreement or court of first instance before the end of the debate to determine the amount actually incurred. Organ Recovery Training necessary rehabilitation costs, the appropriate follow-up treatment cosmetic surgery fees and other fees, compensation may be right after the actual occurrence of further negotiation or prosecution. However, according to medical evidence or conclusions necessary to determine costs incurred, can already be occurring be compensated for medical expenses. If the person on the treatment of the necessity and rationality have objections to the evidence that should be accordingly.

 

Lost income: Lost income is generally based on the victim's loss of working time and income to determine.

Idle time for the victims of medical treatment under a certificate issued by medical institutions to determine.

Victims of a fixed income, proof of income issued by the unit, according to the actual reduction in income lost income. Victims have no fixed income, should produce evidence of income the last three years, according to its most recent three-year average income lost income. The victim can not prove that its recent three-year average income, and can refer to the seat by the Appeal Court Statistics

 

Department released the same or similar industries in the previous year the average wage of workers.

Care:Care, and income according to nurses and nursing the number of nursing are fixed.

 

Hospital nursing staff for medical certificate required. Nurses have income, calculated by reference the provisions of lost income; nursing care is not income or employment of workers, to refer to a local carer services in the same level of care standards for calculating compensation. In principle, a nursing staff, but identified the medical institutions or organizations have a clear opinion, can refer to determine the number of nursing staff. Care period should be calculated to restore the victims of daily living in pm.

 

Transportation: Transportation costs should be based on the victim and the necessary accompanying medical staff or referral for treatment costs actually incurred. Transportation should be a formal paper as with; the credentials should be with the medical place, time, number, number in line.

 

Accommodation, hospital food subsidies

Accommodation generally refers to the victims and their relatives to go abroad for medical treatment when dealing with traffic accidents or accommodation costs, should be a formal paper deadline.

 

Food subsidies can refer to local state organs, the general staff at the food subsidy standards to be determined.

These payments: Injured the condition of patients to enhance nutrition, should be to these payments. The amount of these payments should be based on the victim of disability with reference to the views of medical institutions to determine.

 

Disabling injury accident claims by six other items

If disabling injuries caused by auto accident victims, in addition to the cost of treatment, the life of their needs due to disability caused by the costs incurred as a result of incapacity due to loss of income should also be responsible party for payment. Accident claims include disability compensation, disability aids fees are dependent living expenses, as well as for rehabilitation care, the need to continue treatment actual rehabilitation costs, nursing care, follow-up treatment fees.