Guohui Beijing ｜ How to calculate the loss of injury caused by traffic accidents in traffic accidents?

If there is a traffic accident,

There are two issues that everyone cares about:

Can I return to the state of injury by treatment?

How much compensation can I get?

Today we start with a case,

Let's take a look at how to calculate the amount of compensation for traffic accident damage!

Brief description of the case

One day in August 2022, on Shunfeng Road, Chaoyang District, Beijing, Xu drove an electric bicycle from west to north, and the defendant Zhao drove a car from north to south. Partial damage and physical injury. The transportation department determined that Xu was responsible for the main responsibility, and Zhao be assumed the secondary responsibility. On the day of the accident, Xu was sent to Beijing Health Hospital for hospitalization and was discharged after 120. He was discharged from the hospital on the 16th and was discharged from the hospital. Xu's aforementioned treatment cost a total of 83609.68 yuan, and the purchase of a thoracic fixed branch was cost 287 yuan.

Doctors are an important basis for compensation. How does the doctor's order diagnose?

"Change medicine every 3 days, wear protective gear, require functional exercise, anti -osteoporosis treatment, strengthen nutrition for 80-120 days. During the hospitalization period and after discharge, a total of 1 person can be accompanied by 4 months. It is recommended to rest for 3 months. "

After identification, Xu constituted a level 10 disability, and spent 4,350 yuan for appraisal.

The transportation fee for medical treatment was 1636.35 yuan (including ambulance costs 1230 yuan).

Xu's electric bicycle was scrapped because of the accident, and the mobile phone also fell to the ground at the time of the incident. The traffic accident caused Xu to lose 2,000 yuan in property losses.

Case analysis

How much compensation can Xu get? First of all, it is necessary to accurately calculate Xu's losses in this accident. But the amount of losses is not the same as the amount of compensation that Xu can actually get! The specific compensation amount also needs to be calculated based on factors such as the division of liability of the injured and the driver of the injured and the driver of the accident.

Medical fees

Be sure to keep evidence of the original invoice, medical expense list, medical record information and other evidence issued by the medical institution. If you buy medicine outside the hospital, you need to have prescriptions and invoices! The prescription can prove the necessity of purchase, and the invoice can prove the amount.

Misunderstanding

Xu is a roasted cold noodle stall owner. The monthly profits are about 6,000 yuan. Can Xu get a misunderstanding fee? Yes, if the wounded has a fixed income, it provides wages and flows, and calculates according to the actual reduction of revenue; if the wounded has no fixed income, according to the average income of the last three years, Xu needs to provide the revenue of the baking cold noodle stall as the request as a request as a request as a request as a request as a request as a request as a request as a request as a request as a request as a request as a request. in accordance with.

Nursing fee

According to Article 8 of the Supreme People's Court's Interpretation of Several Issues of the Application of Laws on the Application of Personal Damage Compensation Cases: "Care fees are determined according to the income status of the nursing staff, the number of nursing persons, and the nursing period. For calculations; if nursing staff do not have income or hire nursing workers, refer to the calculation of labor remuneration standards for the same level of care for the same level of nursing. In principle, the nursing staff is one person, but if the medical institution or appraisal agency has clear opinions, the number of nursing staff can be determined. "Nursing injuries often cannot reach the work intensity of work, just spend some energy. Therefore, life nursing fees cannot be paid according to life according to life, most of the life cannot be taken care of at yourself, or the living part cannot be taken care of three different levels. The standards are 50%, 40%, or 30%of the average monthly salary of employees in the previous year.

In addition, the appraisal fee and litigation costs are not the scope of compensation for the strong insurance and commercial insurance, and the injured and the driver must be shared according to responsibility.

The above losses need to be proof of invoices, medical order, income certificate and other evidence. It can be seen that retaining evidence is very important! But the amount of losses is not the same as the amount of compensation that Xu can actually get! The specific compensation amount also needs to be calculated based on factors such as the division of liability of the injured and the driver of the injured and the driver of the accident.

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