WilliamAlfredQuannigton lawyer, said, in general, car accident victims, the circumstances can be roughly divided into three categories:
|Car accident insurance claims|
general injury, disability and death. Based on “Compensation for Personal Injury Supreme Court heard the case on the law applicable to the interpretation of a number of issues,” provides that victims of traffic accidents cause personal injury if the injured party should be on the costs of casualties resulting from a claim to the accident. Among them, the casualties and the individual’s fundamental social conditions are restricting the amount of the claim after the event.
1. General claims about seven injured
Sun lawyers said the victims were injured in traffic accidents 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 accident claim.
2. Medical expenses
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 of the rehabilitation costs are necessary, appropriate follow-up treatment cosmetic surgery fees and other fees, compensation may be right after the occurrence of further consultation or actual prosecution. However, according to medical evidence or conclusions to determine the cost of inevitable, has occurred with compensation for medical expenses together. If the person on the treatment of the necessity and rationality have objections to the evidence that should be accordingly.
3. Lost income
Lost income is generally based on the victim’s loss of working time and income to determine.
Missed work time for treatment under the victim’s medical certificate issued by the OK.
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 in recent 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, 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 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.
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 claims by six other items
If the accident causing injury victims become disabled? Smoked 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 the responsible party to pay. Specifically 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.
Disability compensation for the victim lost the ability to work according to the degree or disability levels, according to the seat by the Appeal Court on an annual disposable income of urban residents per capita net income of rural residents, or standard, custom residues by two years from the date of calculation. However, more than 60 years of age, the age reduction for each additional year of age; 75 years of age and above, calculated by five years. Disabling injury victims has not decreased in real income, or disability rating, but less severely affected by the occupational prejudice to its labor and employment, and disability compensation can be adjusted accordingly.
Costs of disability aids
Disability aids fee applies in accordance with ordinary standards of reasonable cost of computing equipment. Injury with special needs, assistive devices can refer to the views of the preparation institutions determine the corresponding standard of the reasonable cost. Auxiliary equipment replacement cycle and the period of compensation determined by reference the views of the preparation institutions.
Cost of living is dependent
Cost of living is dependent loss of the ability to work under the level of dependency, according to the seat by the Appeal Court last year per capita consumption expenditure of urban residents and rural residents per capita consumption expenditure of calculation. Dependents to be minors, and calculated to 18 years of age; is dependent are unable to work no other source of income, calculated two decades. However, more than 60 years of age, the age reduction for each additional year of age; 75 years of age and above, calculated by five years.
Dependents who is the victim and should bear the obligation of a minor dependent, or disabled adults are no other close relatives living sources. Dependents who have other dependents, the compensation obligation to pay the victims were only part that should be affordable. Several people are dependent, in the cumulative total compensation does not exceed the previous year per capita consumption expenditure of urban residents, or the amount of consumption of rural residents per capita expenditure.
In addition to the cost, the responsible party should pay the victims because of rehabilitation nursing, rehabilitation necessary for the actual treatment costs, care, and follow-up treatment costs. The victim can not be restored due to disability of daily living, it may, their age, health care and other factors to determine a reasonable period, but up to no more than two decades.
Accident death compensation for the project about seven
Death of the victim, the compensation obligation, unless the situation should be based compensation costs associated with emergency treatment, but also should be compensation for funeral expenses, is dependent living, dead, and relatives of the victims apply for compensation for funeral expenses of the transportation issues, accommodation and loss of working time lost and so on.
Funeral expenses in accordance with the Appellate Court last year where the average monthly wage of workers to six months, gross.
Is dependent living standards of the relevant calculation, the light after the victim of disability living standards to determine dependency.
Compensation for death by the Appeal Court in accordance with the seat of the previous year per capita disposable income of urban residents per capita net income of rural residents, or standards, calculated by two decades. However, more than 60 years of age, the age reduction for each additional year of age; 75 years of age and above, calculated by five years.
In addition, relatives of victims should also apply for funeral expenses of the transportation issues, accommodation and loss of working time lost to the accident claim. Similarly, claims the project should be issued in accordance with the appropriate proof of the above. In general, compensation for relatives of the victims will be no more than 3 people.
Compensation for disability or death of the spirit will happen
Victims or relatives of the deceased suffered mental injury, may the spirit of the people’s court requesting compensation. The amount of moral damage compensation for pain generally decided by the five areas: the victims of the disability rating, the victim’s age, degree of fault of the perpetrators, the perpetrators of financial compensation capacity, the average standard of living by the seat of the Court Appeal. Specific article in the last period has been described in detail, unknown to log Economic Journal website.