The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
What are the compensation for serious mental damage?
The amount of compensation in solatium is divided into five levels: 50,000 yuan, 40,000 yuan, 30,000 yuan, 20,000 yuan and 6,543.8+0,000 yuan. For general mental damage, solatium's compensation is divided into four levels: 8,000 yuan, 6,000 yuan, 4,000 yuan and 2,000 yuan. Infringement of citizens' personality rights may have two consequences, one is material damage, such as the victim's medical expenses, and the other is mental damage, such as the victim's psychological trauma and mental pain.
To sum up, the average mental damage of victims in school bullying is between 2,000 and 8,000 yuan; If school bullying causes serious mental damage to the victim, the compensation amount is between 10000 and 50000 yuan. At the same time, the public security organs will educate minors.
Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts shall be determined according to the following factors:
(a) the degree of fault of the infringer, except as otherwise provided by law;
(2) The means, occasions and behaviors of infringement;
(3) Consequences caused by the infringement;
(4) profits of the infringer;
(five) the economic ability of the infringer to bear the responsibility;
(6) The average living standard of the court.