[Direct answer]In the Beijing area, the compensation standard for nursing fees in traffic accidents is generally based on Article 7 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended in 2022): If the caregiver has an income, the calculation shall refer to the provisions on loss of income; if the caregiver has no income or is an employee, the calculation shall refer to the local labor remuneration standards for caregivers providing the same level of care. The income reduction of the caregiver due to loss of income shall be regarded as the nursing income. The nursing fees shall be determined according to the caregiver's income status, the number of caregivers, and the duration of care. The determination of the nursing period and nursing standards is the core dispute point.

I. Problem background and typical scenarios

The common forms of disputes over nursing fees include: the injured party claiming that the family should provide nursing care but failing to prove a reduction in income; the other party denying the need for nursing care or claiming that the nursing period is too long; how to determine the nursing needs after discharge; the claim of more than one nursing person during hospitalization without sufficient evidence; and how to handle the situation where the nursing fees have already been paid by a third party.Real estate transactions and construction projectsThe approach to allocating responsibilities in similar types of businesses is similar, and all of them require evidence to support it.

II. Key points of contention

First, is the necessity of nursing supported by medical institutions or appraisal opinions? Second, how to determine the duration of nursing care, including the number of hospitalization days and the nursing period after discharge? Third, is the number of nursing staff supported by more than two people? Fourth, what is the income situation of the nursing staff and the evidence of loss of working time? Fifth, what is the standard of nursing fees based on? Sixth, how to handle the portion already paid by medical insurance or commercial insurance? Seventh, what is the relationship between the disability level and the period of nursing dependency? For related procedural issues, you can consult a professional institution for further advice.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that whether the claim for nursing care fees can be supported depends on the degree of matching between the evidence and the design of the request. In practice, common effective approaches include: first, obtaining a nursing care opinion issued by a medical institution, clarifying the necessity of nursing care and the number of caregivers; second, determining the nursing care period through judicial appraisal to avoid self-estimation; third, if the caregivers are employed workers, submitting proof of loss of income, payroll records, and records of withholding by the employer to prove the actual reduction in income; fourth, if two caregivers are necessary, providing medical orders or appraisal opinions to support this and explaining the necessity in the litigation. Another noteworthy approach is relying on overall liability determination. Taking a case handled by Liu Xingyin, a lawyer from our firm, as an example, the lawyer's approach to calculating compensation items provides inspiration: when the other party claimed that the part of the payment already made was insufficient to cover all compensation, the lawyer did not give up on the remaining claims, but checked the nature and maturity status of each debt item by item. After clarifying the deduction of the part already fulfilled, the lawyer continued to claim the remaining amount and interest. This method is also applicable to the claim for nursing care fees, that is, first clarify the scope of payment, and then separately claim for the nursing care period that has not been supported.

IV. Practical suggestions and legal basis

Action suggestions: 1. Obtain medical orders or nursing opinions in a timely manner, specifying the nursing level and number of nurses; 2. Keep hospitalization expense receipts and caregiving certificates during hospitalization; 3. If the caregivers are family members, prepare proof of their family relationship and evidence of reduced income; 4. Determine the nursing period through appraisal to avoid a lack of basis for the nursing period after discharge; 5. Calculate and list nursing fees separately according to the caregivers' income and local nursing care standards; 6. Check the portions already paid by medical insurance, commercial insurance, or the other party to avoid duplicate claims; 7. Submit claims for nursing fees and follow-up treatment costs simultaneously in the appraisal application. Legal basis: Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021); Articles 7, 8, and 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022). Details regarding liability determination can be found here.Business and contract disputes in enterprisesFor details about the appraisal process, please refer to the following document.Special services and other casesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the necessity of nursing care should be supported by medical or appraisal opinions, and oral claims are usually not accepted. Secondly, the duration of nursing care must be based on evidence, and an overly long period is likely to be reduced. Thirdly, for claims involving more than two caregivers, clear reasons are required. Fourthly, proof of income reduction is the key to the calculation. Fifthly, the amount already paid must be verified to avoid duplicate claims. Sixthly, applying for judicial appraisal as early as possible is conducive to fixing the duration of nursing care. Seventhly, attention should be paid to the impact of the overall determination of liability on the calculation of various compensations.

VI. Frequently Asked Questions

Q1: What are the standards for nursing care expenses in traffic accidents?

According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022), if the caregivers have an income, the compensation shall be calculated in accordance with the provisions on loss of working time; if the caregivers have no income or are hired workers, the compensation shall be calculated in accordance with the labor remuneration standards for caregivers engaged in the same level of care in the local area; and the income reduction of the caregivers due to loss of working time shall be regarded as the caregiving income. When calculating the compensation, it is usually calculated by multiplying the number of caregivers by the number of days of care, and then multiplying it by the corresponding daily income or the local caregiver's remuneration standards.Personal injury and medical disputesThe column provides a more detailed explanation of the standard.

Q2: How long can a person generally claim a nursing period?

During the hospitalization period, the nursing period shall be calculated based on the actual number of days of hospitalization; the nursing period after discharge shall be determined according to the doctor's instructions or forensic appraisal, usually based on the assessment of the injury and the ability to care for oneself. In practice, the nursing opinion issued by the medical institution is often used as a preliminary basis. If the other party does not recognize it, they can apply for a forensic appraisal to determine the nursing period. It should be noted that if the nursing period is too long and not supported by medical or appraisal opinions, the court may not support it or make adjustments to it.Special services and other casesThe column provides further explanation on the issue of the deadline.

Q3: Can family members who provide care at home claim nursing fees?

Yes, but you need to prove the actual facts of care and the corresponding losses. Common supporting materials include: medical orders stating the need for accompaniment or care, a statement from family members indicating that they provided care, proof of the caregiver's reduced income or loss of work due to caregiving, and receipts for living expenses during the care period. If the family member has no income of their own, the calculation can be based on the local labor remuneration standards for caregivers of the same grade; if there are losses due to caregiving, the claim can be made according to the rules on loss of work compensation.Business and contract disputes in enterprisesThe column provides more explanations on the organization of evidence.

Q4: If someone advocates for two-person care, will the court generally support it?

Evidence is needed to support this. If the claim for two caregivers is based solely on the severity of the injury, the court usually does not fully support it. An effective approach is to obtain a medical prescription or appraisal opinion that clearly states the need for two caregivers and explains the necessity. If there is no written basis, the claim can be made based on factors such as the patient's age, the location of the injury, and their ability to care for themselves, and the court will make a discretionary determination. In addition, if the caregivers have an income and their income has indeed been reduced due to caregiving, they should each provide proof of their reduced income.

Q5: How much does it cost to hire a lawyer to calculate the nursing care expenses for a traffic accident?

The fees are determined through consultation between the law firm and the client, and usually depend on the complexity of the injury, whether an appraisal is needed, the number of compensation items, whether multiple liable parties are involved, and whether it is necessary to proceed to the enforcement stage. Calculating compensation items and organizing materials are relatively manageable; however, if an application for a judicial appraisal, participation in litigation, or enforcement is required, the costs will increase significantly. It is recommended to first complete the organization of medical orders and medical records after treatment ends, and then entrust a lawyer to evaluate the calculation basis of various compensation items.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.