What is the scope of property compensation for falling objects and hitting cars?

1. The compensation for medical expenses and treatment expenses shall generally be based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. If necessary, you can entrust a forensic expert to identify it. The local treatment hospital generally refers to the hospital close to the victim's residence or the place where the infringement occurred. If the victim has been treated in several hospitals with basically the same distance, the medical expenses of the first hospital should generally be determined, except for treatment mistakes or other special circumstances in this hospital. It should be approved by the medical department, and it is not allowed to find another hospital for treatment without authorization. Generally, no compensation will be given. If the victim repeatedly examines the same subject and the results are the same, in principle, only the cost of the first examination is determined, except that the treatment hospital really needs to conduct another examination. If the inspection results are inconsistent, the inspection fee before diagnosis shall be determined. If the victim buys drugs unrelated to the damage or treats other diseases without authorization, the expenses will not be compensated. If the victim really needs hospitalization or observation, he shall compensate the expenses. However, if the hospitalization time is extended after the discharge notice is issued, or if the hospitalization time is extended due to the treatment of diseases unrelated to the damage, the hospitalization expenses during the extended period will not be compensated. The expenses incurred by the victim due to the necessary remedial treatment related to the damage shall be compensated. In the course of litigation, if the treatment has not ended, in addition to the compensation for the expenses already treated, the expenses for continuing treatment can be paid in one lump sum after being proved by the relevant medical institutions or reached an agreement by the parties involved in mediation; In accordance with the relevant provisions of the Civil Procedure Law, the victim may also be informed to file another lawsuit after the treatment is completed. 2. The date of the victim's absence from work shall be determined according to the actual damage degree and recovery status, and with reference to the certificate issued by the forensic appraisal or treatment hospital. If the victim's actual missed work date is less than the leave certificate, it shall be determined by his actual missed work date; If the actual working date is more late than the leave certificate, it is generally determined by the leave certificate. If the victim really needs rest but has no leave certificate, he can handle it as appropriate after consulting a forensic doctor or a treatment hospital. If the victim has a fixed income, the lost time fee shall be calculated according to the actual loss of his income. Fixed income, including wages, funds and subsidies and allowances stipulated by the state, but excluding subsidies for special types of work. The bonus is calculated according to the per capita bonus of the victim in the previous year. If the bonus tax exceeds the threshold, the threshold shall be limited. If the victim has no bonus income due to his own reasons before being killed, the second bonus will not be calculated. If the victim has no fixed income, or if the victim is a contractor or individual industrial and commercial household, the compensation for lost time can be determined with reference to the average income of the victim in the previous year or the average income of the local same industry, the same type of work and the same labor force as appropriate. If tax should be paid to the tax authorities according to law, it should be based on tax receipts. If the victim engages in a second occupation according to law, he shall compensate for the actual decrease in income. If the victim is a retiree who is looking for another job, the compensation for lost time can be handled according to the following circumstances: (1) If the victim meets the policies and laws, he shall compensate for the actual reduced income; (2) Violation of policies and laws will not support the claim for compensation. If the victim has no labor income and requests compensation for lost time, it will not be supported. If the victim is the main undertaker of housework, and other family members are overburdened because the victim is really unable to undertake housework, financial compensation can be given as appropriate. If the actual income of the victim exceeds three times the average living expenses of local residents, it shall be calculated as three times. 3. Hospitalization food allowance shall be compensated according to the standard of food allowance for general staff of state organs on business trip (yuan/day) × hospitalization days. 4. The self-care ability of the victims of nursing expenses should generally be identified by forensic identification or the certificate issued by the treatment hospital. If the victim really can't take care of himself, he shall compensate for his nursing expenses. During breastfeeding, you can entrust a forensic expert appraisal; It can also be decided after consulting the treatment hospital according to the actual degree of injury and recovery of the victim. There are usually one or two nurses, unless it is really necessary. If the nursing staff have income, they can calculate the compensation for nursing expenses according to the provisions of this opinion on lost time. If the nursing staff has no income, the compensation for nursing expenses can be calculated according to the average living standard of local residents. 5. If the victims of transportation expenses go to the local hospital for treatment or have to be transferred to another hospital for treatment, they should compensate themselves and the necessary nursing staff for transportation expenses. Generally, the compensation for transportation expenses should be calculated according to the charging standard of buses, hard seats of trains and ships below the third class. But the injury is critical, the traffic is inconvenient or there is no such car (boat) in the local area. 2. What is the principle of inversion of burden of proof? As can be seen from the above, falling objects from high altitude apply the principle of inversion of burden of proof. Then, I will give you a detailed introduction to the principle of evidence inversion. The inversion of burden of proof means that the plaintiff's claim is not proved by evidence, but the defendant bears the burden of proof. There are mainly the following six situations: 1, patent infringement litigation caused by product manufacturing method invention patent. China's patent law stipulates: "When an infringement dispute occurs, the invention patent is the manufacturing method of a new product, and the unit or individual that manufactures the same product shall provide proof of its manufacturing method." If the defendant can't prove that the manufacturing method of his product is different from the patent, it is presumed that his behavior is infringement and he should bear the result of losing the case. 2. Tort litigation for damages caused by highly dangerous operations. Article 123 of China's General Principles of Civil Law stipulates: "Those who engage in high-altitude, high-pressure, inflammable, explosive, highly toxic, radioactive and high-speed means of transport that are highly dangerous to the surrounding environment and cause damage to others shall bear civil liability." Article 123 of the General Principles of Civil Law also stipulates: "If it can be proved that the damage was intentionally caused by the victim, it will not bear civil liability." But the burden of proof can only be borne by the defendant. 3. Environmental pollution damage compensation litigation. Article 124 of the General Principles of the Civil Law stipulates: "Anyone who violates the provisions of the state on environmental protection and pollution prevention and control and pollutes the environment and causes damage to others shall bear civil liability according to law." Any unit that causes the above-mentioned environmental pollution and causes personal and property damage to others shall bear civil liability according to law, which is also a liability without fault. However, the defendant can prove that the damage caused by environmental pollution is caused by force majeure or the intentional or negligent behavior of the victim himself or a third party, and the defendant shall not be liable. 4. Infringement litigation of personal injury caused by buildings or other facilities, as well as shelving, hanging objects collapsing and falling off on buildings. According to Article 126 of the General Principles of the Civil Law, the owner or manager shall bear civil liability for the damage caused by the above reasons, but if there is evidence to prove that he is not at fault, he may be exempted from liability. 5. Tort lawsuit for damage caused by raising animals. Article 127 of China's General Principles of Civil Law stipulates: "If the raised animals cause damage to others, the animal keeper or manager shall bear civil liability; If damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability; If damage is caused by the fault of a third person, the third person shall bear civil liability. " 6. Other circumstances in which the defendant bears the burden of proof according to relevant laws.