[Direct answer]In the Beijing area, long-term care fees are calculated based on the degree of care dependency after the victim's disability and the labor remuneration standard for caregivers engaged in the same level of care in the jurisdiction of the court where the lawsuit is filed. 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 February 15, 2022), care fees are determined based on the caregivers' income, number, and duration; if long-term care is indeed necessary after the disability, the care dependency level and local caregiver standards are used to calculate the fees, with a maximum duration of no more than 20 years. The key figures are the care dependency grade ratio and the local caregiver daily/monthly remuneration. It is recommended to first conduct a judicial appraisal of care dependency. For more details, please refer to the official document.Personal injury and medical dispute services.

1. Problem background and typical scenarios

After a traffic accident, work-related injury, or medical harm results in a victim's disability or loss of partial self-care ability, long-term care costs become the core of compensation negotiations. Typical scenarios include: the injured person still lying in bed and needing dedicated care after discharge from the hospital; a high disability rating and clear dependence on care; family members quitting their jobs to provide care, leading to overlapping loss of income and care costs; and disputes between the parties over whether to provide long-term care and the standard for doing so. Many parties mistakenly believe that care costs only apply to the days spent in the hospital, but in reality, long-term care can be claimed separately after disability occurs. For cases involving both disability and loss of income, the two can be combined for compensation.Labor arbitration and work-related injury compensation servicesEvaluate them together.

II. Key points of dispute

The focus of the dispute lies in three aspects. Firstly, the degree of care dependency: whether long-term care is needed, and whether the care recipient is completely/mostly/partially dependent, which requires judicial appraisal rather than the claimant's self-report. Secondly, the calculation standard: whether to calculate based on the caregiver's labor remuneration or the family member's loss of income due to caregiving, which depends on who provides the care and whether there is proof of income. Thirdly, the calculation period: according to the law, long-term care can last up to 20 years, but the duration may vary depending on the age of the care recipient and the possibility of recovery. In similar cases handled in the Beijing area, the credibility of the appraisal opinion on care dependency is high. It is argued that long-term care must be based on the appraisal, and oral statements such as "I need someone to take care of me" are difficult to gain support. For compensation items, reference can be made to the relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling personal injury and medical disputes in our firm, long-term care fees are most prone to being "underestimated or overlooked". Hengluo Lawyers usually suggest the following: applying for a care dependency assessment at the same time as the disability assessment to determine whether the care dependency is complete, partial or none; collecting reference data on the labor remuneration of local caregivers at the same level (such as market quotations and appraisal agency opinions); if the care is provided by family members, preparing proof of reduced family income and loss of work. Lawyers will calculate a care fee request supported by appraisal and market conditions based on the care dependency ratio (complete care dependency is generally calculated at full amount, and partial care dependency is calculated at a proportionate rate) and local caregiver standards, rather than making arbitrary demands. For those with a high probability of recovery, we will also provide advice on the advantages and disadvantages of periodic payments and lump-sum compensation. For cases involving multiple parties' liability ratios, we can provide comprehensive analysis and advice based on the specific circumstances.Creditor-debtor relations and enforcement case servicesAdvance.

IV. Practical suggestions and legal basis

The core basis is 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 February 15, 2022) (the nursing fee shall be determined according to the income, number of nursing personnel, and duration of nursing), the calculation of long-term care based on the degree of care dependence and local caregiver standards, and the provision that the maximum period shall not exceed 20 years; Article 1179 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (the scope of compensation for harming others and causing disability). Practical suggestions: Conduct disability and care dependence appraisals as early as possible; collect market evidence of caregiver compensation and certificates of family members' loss of income; claim according to the proportion of care dependence, paying attention to the reduction of the period of compensation for those over 60 years old; if no agreement can be reached, apply to the court for appraisal in litigation, and use the appraisal opinion as the basis for calculation.

5. Hengluo Law Firm's Advice

The long-term care fee is not as simple as "number of hospitalization days × caregiver fee". Long-term care after disability must be based on a care dependency assessment. It is recommended not to overlook this request, and do not rely solely on family statements to make claims. The assessment opinion is the key evidence. At the same time, pay attention to the calculation of the time limit and age rules to avoid claiming too much and having the amount reduced, or claiming too little and receiving less compensation. If you need professional support, you can refer to the following materials for reference:Special services and other case servicesHe/she is responsible for coordinating the appraisal and compensation projects.

VI. Frequently Asked Questions

Q1: Can long-term care costs be supported, and according to what logic are they calculated?

You can receive support, but it must be based on a determination of care dependency. The court typically first assesses whether long-term care is needed after the disability, and whether the person is completely/mostly/partially dependent. Then, it calculates the compensation based on the labor remuneration standards for caregivers at the same level in the jurisdiction of the court, and converts it according to the dependency ratio, with a maximum period of no more than 20 years. The outcome depends on the appraisal opinion and local caregiver standards, rather than the parties' self-reported need for care. Lawyers will help you match the appraisal, market conditions, and compensation ratios to form a credible compensation request.

Q2: What evidence do I need to prepare to claim long-term care expenses?

The core evidence includes: the judicial appraisal opinion on the disability level and the degree of care dependency (the most crucial); the records of self-care ability in medical records, discharge summaries, and diagnosis certificates; the market basis or appraisal reference for the labor remuneration of local caregivers of the same level; if care is provided by family members, prepare proof of the family's income and reduced working hours; and a reasonable explanation of the number and duration of caregivers. The materials should be organized around "need for care + degree of dependency + calculation standards". The lack of appraisal is likely to result in the case being dismissed.

Q3: If I hire a lawyer to handle personal injury compensation, how much will it cost for long-term care expenses?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or based on a percentage of the compensation amount, subject to the terms of the engagement contract. There is no nationwide standard pricing. If the calculation of nursing care fees and the appraisal and cross-examination are involved, the fees are relatively manageable; if the entire personal injury compensation litigation is represented, the fees are charged based on the total compensation claim. It is recommended to request a detailed fee breakdown, clarify the representation phases and whether it includes litigation fees, appraisal fees, and other third-party costs, and then weigh the costs against the potential compensation amount that can be obtained.

Q4: How long does it usually take from the appraisal to the determination of the nursing care fee?

The assessment of nursing dependency often takes several weeks. If the case goes to litigation, the first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months. If the defendant is not satisfied with the verdict, they can appeal. The assessment period is not included in the time limit for trial. If there is a need for re-assessment or multiple cross-examinations, the timeframe will be extended accordingly. Overall, it often takes several months from the assessment to the determination of nursing fees. It is recommended to apply for a nursing dependency assessment at the same time as the disability assessment to avoid delaying the process by doing it afterwards.

Q5: I want to claim long-term care expenses. What should I do first?

It is recommended to proceed in four steps: First, apply for a disability assessment and a care dependency assessment as soon as the treatment is stabilized; Second, collect local caregiver's labor compensation standards of the same level, and if the family members are preparing for the loss of work certificate; Third, preliminarily calculate the nursing fee request based on the dependency ratio and the caregiver's standard; Fourth, submit the appraisal opinion and market basis in the negotiation or litigation, and apply for the court to entrust an appraisal when necessary. Throughout the process, keep the medical records and receipts, and if necessary, entrust a lawyer to coordinate the compensation items.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Hengluo 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.