How to claim for the old man being beaten?

If the injury to the elderly has constituted a minor injury, the perpetrator has obviously constituted a crime of intentional injury and should be subject to criminal punishment. In addition to criminal punishment, he should also bear civil compensation for the elderly.

Specific compensation standards should be combined with the actual situation, the following is the scope of compensation:

1, medical expenses

Compensation for medical expenses should 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. Lost time cost

The victim's absenteeism date 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) Comply with policies and laws, and 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. Food expenses

Hospitalization food allowance shall be compensated according to the standard of food allowance for general staff of state organs on business trip (RMB/day) × hospitalization days.

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.

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. Transportation costs

If the victim goes to a local hospital for treatment or must be transferred to another hospital for treatment, he shall compensate himself and the necessary nursing staff for their transportation expenses.

Generally, the compensation for transportation expenses should be calculated according to the charging standard of public electric (steam) cars, hard seats on 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.

The transportation fee should be consistent with the number of visits. If the bill is less than the number of visits, it can generally be determined according to the actual bill; If the bill is more than the number of visits, it shall be determined according to the actual number of visits.

6. Residence

If the victim who must go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injury does not allow him to return home, or the transportation fee to and from home is higher than the accommodation fee, he should compensate himself and the necessary nursing staff for their accommodation fee.

Accommodation compensation can be based on the accommodation receipt and calculated according to the accommodation standard of ordinary staff of local state organs on business trips.

7. Nutritional feed

If the victim is seriously injured and it is really necessary to supplement nutritious food as adjuvant treatment, the expenses may be compensated as appropriate.

Nutrition cost compensation can be calculated according to the proportion of 40% to 60% of the average living standard of local residents. The compensation period can be entrusted to a forensic expert, or it can be decided after consulting the treatment hospital.

Generally, the food carried by the infringer when visiting the victim should be regarded as a gift.

8. Disability compensation

Anyone who infringes upon another person's body and causes him to lose the ability to work in whole or in part shall pay disability compensation.

According to the standard of forensic identification, the degree of disability is divided into ten grades. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, the date of disability is calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by five years.

The lost time and disability compensation for disabled persons shall not be calculated repeatedly. Taking the month when the disabled person is disabled as the boundary, the infringer shall compensate for the lost time before, and then the infringer shall compensate.

9. Disability appliance fee

If the equipment with compensation function needs to be prepared due to disability, the compensation amount shall be calculated according to the certificate of the treatment hospital or the opinion of the forensic doctor, combined with the age of the user, the average life expectancy of the population in China, the service life of the equipment and other factors, and according to the cost of commonly used equipment.

10, funeral expenses

Funeral expenses generally include transporting corpses, cremation, ordinary urns and storing the first ashes.

Funeral expenses shall be paid according to the funeral expenses standard of the place where the infringement occurred.

If the family of the deceased refuses to implement the decision of the relevant department to handle the funeral within a time limit, the increased expenses will not be compensated.

If the family members of the deceased violate the relevant provisions of funeral, the increased expenses due to funeral will not be compensated.

1 1, death compensation

If infringement causes death, a certain amount of death compensation shall be paid to the family of the deceased.

Death compensation is calculated according to the average disposable income of local residents and paid for 20 years. If the deceased is over 60 years old, the age will be reduced by one year for each additional year; Over 75 years of age, compensation for five years.

12, living expenses

The person who relies on the actual support of the victim refers to the person who actually supported, supported and raised before the victim died or lost his ability to work, and had no other source of income.

A person who should be raised by the victim according to law does not need his actual support before the victim dies or loses his ability to work, but if he loses his source of livelihood after the victim is injured and before the people's court makes a judgment, he shall be supported.

Children born before the victim goes to the people's court for judgment have the right to ask the infringer to pay the necessary living expenses.

If the victim is the sole provider, the infringer shall bear all the necessary living expenses of the person who actually depends on the victim's support; If there are other dependents, the infringer shall bear the corresponding share of the victim.

The necessary living expenses of the dependents shall be calculated according to the subsidy standard for local residents' living difficulties. Raise people under eighteen to eighteen. No ability to work and have been raised for 20 years, but over 60 years old, the age will be reduced by one year for each year of increase; Over 75 years of age, calculated by five years. Raise other dependents for five years.

13, solatium

Spiritual damage consolation money is a kind of economic compensation for the infringement of the infringer and the physical pain or physical disability or death caused to the victim or his close relatives. The specific amount of mental damage compensation shall be decided by the court according to the actual situation.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 179:

Anyone who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.