How to claim for being smashed?

How to compensate for accidental injury?

Generally speaking, when a party is accidentally injured, according to the laws of our country, the compensation items involved by the party are probably as follows:

(1) medical expenses. Regarding the standard of medical expenses, the amount of compensation should be determined according to the relevant payment receipts, so the parties concerned should keep their own diagnostic bills and some hospitalization expense receipts during the hospital treatment. These receipts are very important and can be used as important evidence to safeguard the legitimate rights and interests of the parties when necessary. One thing to know is that during the treatment, you went to another hospital for treatment without the approval of the relevant departments. In this case, the medical expenses are not compensated. In addition, in order to get more compensation, the parties concerned should not take some unacknowledged measures, such as buying some drugs unrelated to their injuries, or deliberately delaying the discharge time. In this case, no compensation can be obtained. Regarding the cost of follow-up treatment, the parties will still be compensated according to the scope of compensation. If in the actual situation, because of entering the proceedings, the handling of the parties has not completely ended. After the two sides reach an agreement, the two sides can negotiate to deal with part of the treatment expenses that still need treatment in the future, which can be paid in one lump sum or after complete treatment.

(2) lost time. If the injured party can't go to work normally, it should judge when the party is admitted to hospital and when to start calculating the lost time according to the medical certificate issued by the hospital. If the injury leads to certain disability consequences, the lost time fee can be calculated according to the day before the party actually confirms the disability level. If the parties have no fixed income, in this case, the lost time fee shall be determined according to the average income of the parties during the three-year period. If no valid evidence can be provided to prove its average income for three years, the lost time fee shall be calculated according to the average income of staff in the same industry in the region in the previous year.

(3) nursing expenses. The client is hospitalized due to injury and needs someone to take care of him. At this time, the nursing staff has incurred nursing expenses because of the nursing parties. The amount of capping fee can be determined according to the income of the nursing staff who were originally engaged in fixed work, or according to the remuneration standard of the same type of nursing staff.

Article 1253 of the General Principles of Civil Law of People's Republic of China (PRC) * * * Buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.

Article 1254 of the Civil Code of People's Republic of China (PRC) prohibits throwing objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.

Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.

In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.

Compensation for accidental injury can be negotiated by both parties, and the injured party can also strive for more civil compensation for itself through legal channels. The injured victim or the victim's family want to find a lawyer to help them defend their rights. What should they do? They can consult a lawyer.