[Direct answer]In the Beijing area, there is no nationwide unified standard for the specific amount of nursing fees. The amount is mainly determined based on the income status of nursing staff, the number of people being cared for, and the duration of care. According to Article 8 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 on December 23, 2020 and implemented on January 1, 2021), nursing staff who have an income are calculated according to the standard for loss of income, and those who have no income or employ nursing staff are calculated according to the local labor remuneration standards for nursing staff providing the same level of care. In practice, the daily pay for nursing staff varies greatly across different regions, generally ranging from about 150 yuan to 300 yuan per day. The specific amount is subject to the standards and invoices of the court where the case is filed, and reference may be made to other similar cases when necessary.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

Nursing fees are a common and often underestimated item in personal injury compensation. Typical scenarios include: first, traffic accident victims need professional care during hospitalization and recovery; second, workers injured at work require life care after appraisal; third, medical accidents result in patients losing some of their ability to care for themselves; fourth, elderly people or disabled individuals require long-term home care; fifth, the victims' relatives suffer income losses due to nursing-related time off work. Nursing fees may seem to be a small daily amount, but the nursing period is often several months or even longer, and the cumulative amount can be considerable. When handling similar cases in the Beijing area, the court usually determines the relevant compensation items based on the opinions of medical institutions, the degree of nursing dependency, and local caregiver standards for reference.Personal injury and medical disputesColumn.

II. Key points of dispute

First, the degree and duration of nursing dependency require opinions from medical institutions or appraisal institutions, which serve as the calculation basis. Second, the identity of nursing personnel: family members providing care are compensated based on loss of work income, while hired caregivers are compensated according to market standards. Third, the number of caregivers: in principle, one person is sufficient, but exceptions may be made under special circumstances. Fourth, the calculation standard: local caregiver labor remuneration standards vary across different regions. Fifth, the sufficiency of evidence: without receipts or opinions, it is difficult to obtain support. Sixth, the relationship with loss of work income and disability compensation: avoid making overlapping claims. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings. For cases involving disability and income loss, reference may be made to relevant provisions.Work-related injuriesColumn.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of lawyers from our firm in handling personal injury compensation disputes, nursing fees are often underestimated or rejected due to insufficient evidence. Lawyers from our firm advise that when claiming nursing fees, three types of evidence should be prepared: first, a certificate of need for nursing care issued by a medical institution or an expert opinion on nursing dependency from an appraisal institution, specifying the duration and level of care; second, proof of the nursing staff's income or contracts and invoices for hiring caregivers; third, attendance, transfer, and communication records during the nursing period. In practice, if the care is provided by family members, the court often refers to local caregiver standards or the loss of income of the nursing staff as a basis for support; if caregivers are hired, the actual invoices shall prevail, but they must be reasonable. It should be noted that the nursing period should exclude the period during which the victim has recovered the ability to take care of themselves. Excessive claims are likely to be reduced. Personal injury compensation is often intertwined with traffic accident liability and medical negligence. For cases involving the calculation of accident liability and total compensation, reference can be made to relevant provisions.Business and contract disputes in enterprisesColumn; for those who find it difficult to implement the measures effectively, you can refer to the following for reference.Creditor's rights and debts, and enforcement casesThis column. The lawyers of our firm pay attention to using appraisal opinions and bills to fix the nursing period and standards, so as to help victims obtain reasonable nursing fees.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately request the medical institution to issue a nursing opinion after the injury, and apply for a nursing dependency appraisal if necessary; Second, keep the proof of lost working time for family care, sign an agreement with the hired caregiver and request an invoice, and refer to the relevant claim list for referenceSpecial services and other cases1. Columns; 2. Third, claim according to the nursing level and duration in a realistic manner to avoid overestimation; 3. Fourth, distinguish between inpatient nursing and post-discharge nursing, and provide separate evidence for each; 4. If no agreement can be reached, promptly file a lawsuit and apply for an appraisal. In terms of legal basis, Article 8 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 on December 23, 2020 and implemented on January 1, 2021) stipulates that nursing fees shall be determined according to the income of nursing personnel, the number of nurses, and the duration of nursing; Articles 13 and 14 respectively stipulate the costs of disability assistive devices and funeral expenses, and nursing fees shall be claimed together with related items.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, the nursing fee requires nursing opinions or appraisals to support it, and it's hard to gain support solely based on oral claims; Secondly, the calculation standards for family care and hired caregivers are different, so evidence should be presented based on the actual situation; Thirdly, a nursing period that is too long is likely to be reduced, so the appraisal opinion should be used as a reference; Fourthly, non-standard receipts or arbitrary claims regarding the number of caregivers may affect the credibility of the evidence. It is recommended to fix the nursing evidence as soon as possible, and have a professional lawyer calculate a reasonable nursing fee and incorporate it into the overall compensation plan.

VI. Frequently Asked Questions

Q1: How much is the average daily nursing fee?

There is no unified national unit price for nursing fees, which are primarily determined based on the income status of nursing staff, the number of patients requiring care, and the duration of care. According to Article 8 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 on December 23, 2020 and implemented on January 1, 2021), nursing staff with income shall be calculated according to the standard for loss of income, while those without income or employing nursing staff shall refer to the local labor remuneration standards for nursing staff providing the same level of care. The daily nursing fees in different regions vary greatly, typically ranging from about 150 yuan to 300 yuan per day, and may be higher in economically developed areas. The specific amount shall be determined based on the standards of the court where the case is filed, the level of care, and the invoices, and cannot simply be applied at a fixed price.

Q2: What evidence is required to claim nursing care fees?

Three types of evidence should be prepared: First, evidence of the necessity and duration of nursing care, such as a certificate of need for nursing care issued by a medical institution, or an appraisal agency's opinion on the degree and duration of nursing dependency; Second, evidence of the caregiver's income or the caregiver's expenses, such as a certificate of loss of income for family care and income statements, a caregiver agreement, invoices, and transfer records for hiring caregivers; Third, evidence of the nursing facts, such as attendance records, communication during the nursing period, and photos. Without a nursing opinion or receipts, it will be difficult for the court to support the claim. The more standard the evidence is, the more comprehensive the determination of nursing fees will be. It is advisable to avoid relying solely on oral claims, as this may result in the amount being reduced or the claim being rejected.

Q3: How much does it cost to hire a lawyer?

The attorney's fees are determined based on the complexity of the case, the amount of compensation, and whether an appraisal is involved, with no standardized rates; the litigation fees are charged based on the amount of the litigation request (including the total compensation for nursing care), and the portion of the winning case is shared proportionally. If an appraisal of nursing care dependency is requested, additional appraisal fees will be incurred. The cost of a simple nursing care dispute is relatively manageable, but if it overlaps with multiple items such as disability compensation and loss of income compensation, the total cost will increase. Specifically, it should be evaluated based on the injury situation and the scale of compensation. It is recommended to first consult on the evidence and claims before quoting a price, and then decide whether to hire a lawyer to avoid exceeding the expected cost.

Q4: How long does it take to file a claim?

The negotiation or insurance claim settlement can be finalized within a few weeks; the first-instance litigation in ordinary procedures generally takes no more than six months, but it will be extended if it involves nursing dependency appraisal or disability level assessment. The second-instance litigation takes about three months. If the other party fails to perform after the judgment, applying for enforcement will take additional time, which depends on the other party's financial situation. The key is to obtain nursing opinions and keep caregiving receipts immediately after the injury to avoid the cycle being prolonged or the claim being reduced due to insufficient evidence of time limits and costs. It is recommended to fix the evidence as soon as possible and shorten the claim cycle.

Q5: How to calculate and claim nursing care fees?

There are two types of calculation methods: 1. For family caregivers, the compensation is calculated based on the caregiver's lost income due to reduced working hours (for those with fixed income, it is the actual reduction; for those without fixed income, it is the average over the past three years or based on local standards). 2. For hired caregivers, the compensation is calculated based on actual receipts, but not exceeding the local labor remuneration for caregivers of the same grade. 3. The care period is determined based on the opinions of medical institutions or appraisals, and the period during which the patient has regained self-care abilities is deducted. 4. The number of caregivers is generally one, but may be increased in special circumstances. 5. When claiming compensation, the claimant should specify the caregiving services in the lawsuit and attach caregiving opinions, receipts, and proof of lost income to avoid inflating the amount. 6. For cases involving multiple compensation items, the claimant should consolidate the claims with compensation for lost income and disability compensation to prevent duplication or omissions.

The above Q&A is mainly based on the judicial practice in Beijing. 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.