Compensation standard for four rib fractures caused by traffic accidents

Compensation for four rib fractures in traffic accidents mainly includes the following contents: 1. Medical expenses: generally, the compensation for medical expenses should 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. 2. Lost time expenses: The date of the lost time expenses of the victim 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. 3. Meals: The food subsidy for hospitalization is compensated according to the standard of food subsidy for general staff of state organs on business trip (yuan/day) multiplied by the number of days of hospitalization. 4. Nursing expenses: The victim's self-care ability after being killed should generally be identified by forensic identification or the certificate issued by the treatment hospital. 5. Transportation expenses: Generally, the compensation for transportation expenses should be calculated according to the charging standards of public electric 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. 6. Accommodation fee: If the victim who has to go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injured person is not allowed to go home, or the transportation fee to and from home is higher than the accommodation fee, the accommodation fee of the victim and the necessary nursing staff should be compensated. 7. Nutritional expenses: If the victim is seriously injured and it is proved by the forensic doctor or the treatment hospital that supplementary nutritious food is needed as adjuvant treatment, the expenses may be compensated as appropriate. 8. Disability compensation: Anyone who infringes upon another person's body and causes the other person to lose the ability to work in whole or in part shall be compensated for disability compensation. 9. Disability appliance fee: If it is necessary to prepare an appliance with compensation function due to disability, the compensation amount shall be calculated according to the cost of the popular appliance according to the certificate of the treatment hospital or the opinion of the forensic doctor, combined with the factors such as the user's age, the average life expectancy of China's population, the service life of the appliance and so on. 10. Living expenses: The person who depends on the actual support of the victim refers to the person who was actually supported, raised and raised by the victim before his death or loss of working ability, and had no other source of livelihood. 1 1, consolation money: the consolation money for mental damage is a kind of economic compensation for the victim or his close relatives who cause physical pain or physical disability and death at the same time. The specific amount of mental damage compensation shall be decided by the court according to the actual situation.

Legal basis:

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 6 The medical expenses shall be determined according to the receipts of 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.

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.

Article 7 The lost time fee shall be 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.

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 refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.

Eighth nursing fees are 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.

The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his 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.

Ninth transportation expenses shall be calculated according to the actual cost of the victim and his necessary accompanying personnel for medical treatment or transfer to other hospitals 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.

Tenth hospital food subsidies can be determined by referring to the standard of food subsidies for ordinary staff of local state organs.

The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.