Compensation includes (1) medical expenses. The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. medical treatment

The amount of compensation for 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. But according to medical treatment,

The expenses that must be incurred as determined by the certificate or appraisal conclusion can be compensated together with the medical expenses that have already occurred.

(2) lost time. The lost time fee is determined according to the lost time fee and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. suffer

If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can check with the seat of the Court of Appeal.

Calculation of the average salary of employees in the same industry or similar industries in the previous year.

(3) nursing expenses. 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, they shall engage in the same level of nursing work with reference to local nursing staff.

Calculation of labor remuneration standard. 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. The nursing period should be calculated until the victim recovers his self-care ability. The victim can't recover because of disability.

For those who can take care of themselves, a reasonable nursing period can be determined according to their age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.

Don't.

(4) Transportation expenses. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.

(5) Accommodation fee. Accommodation expenses actually incurred by the parties themselves and their entourage when they come to this city from other places to deal with traffic accidents.

(6) Hospitalization food allowance. In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs.

(7) Nutrition fee. Nutrition fee is determined according to the disability of the victim and the opinions of medical institutions.

(8) Disability compensation. Disability compensation is calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and it is calculated for 20 years from the date of disability.

However, for those over 60 years old, every increase in age 1 year decreases 1 year; Over 75 years of age, calculated by 5 years. If the victim is disabled due to injury, but his actual income has not decreased, or his disability level is relatively light, but his job has seriously affected his employment, he can make disability compensation.

Adjust accordingly.

(9) Disability AIDS. The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. Replacement cycle and compensation of auxiliary equipment

The time limit is determined with reference to the opinions of the organization.

(10) Dependent's living expenses. The living expenses of the dependents shall be calculated according to the degree of loss of working ability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the court of appeal is located. Dependence is a minor.

People, calculated to 18 years old; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years old, every increase in age 1 year decreases 1 year; Over 75 years of age, calculated by 5 years. Support refers to the victim's obligation to support according to law.

Minors or adult close relatives who have lost their ability to work and have no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are multiple dependents, the total annual compensation shall not exceed.

Annual per capita consumption expenditure of urban residents or annual per capita living consumption expenditure of rural residents.

(1 1) Compensation for mental damage. Generally, only people who have reached the level of disability can have this compensation. Generally, the maximum is 50,000-80,000 yuan, which varies slightly from court to court.