[Direct answer]The number of caregivers is, in principle, one. 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, the number of caregivers is, in principle, one. However, if the medical institution or appraisal institution has a clear opinion, the number of caregivers can be determined in accordance with their opinion. Therefore, if you want to claim two or more caregivers, you must obtain a clear statement from the medical institution or appraisal institution about the need for multiple caregivers. Otherwise, the nursing fee will usually be calculated based on one person. It is recommended to confirm the opinion on the number of caregivers before making a claim. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

Seriously injured or post-operative patients often require family members to take turns in providing care, and family members often believe that "the number of people providing care should be counted as the number of people". Typical situations include: two spouses taking turns to accompany a bedridden relative; hiring a caregiver and adding family members to assist; and requiring 24-hour double shifts of care for critical injuries. Many people mistakenly equate the actual number of caregivers with the number of compensation recipients, but they ignore the legal "one-person principle" and exceptional conditions. For cases involving work-related injury care arrangements, it can be combined with other relevant provisions.Labor arbitration and work-related injury compensation servicesJudge them separately.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, the principle and exceptions: the law takes one person as the principle, and multiple people must have clear medical or appraisal opinions. Secondly, the source of opinions: whether it is a medical institution's medical order or a judicial appraisal. Both are acceptable, but they must be specific and clear. Thirdly, necessity: whether the multiple-person care matches the critical condition of the injury and the degree of being unable to take care of oneself. When handling similar cases in Beijing, the review of multiple-person care that breaks the one-person principle is stricter, emphasizing that professional opinions should correspond to the injury situation, and it is difficult for families to directly use their own shift work as a basis. For cases involving compensation fulfillment, reference can be made to it.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling personal injury cases in our firm, most disputes over the number of caregivers stem from the confusion between the "actual number of caregivers" and the "number of caregivers eligible for compensation". It's a common reality that family members take turns to care for the injured, but compensation is only granted to those who are supported by evidence. Henglu Law Firm usually advises that if the injured person truly needs multiple caregivers, it is essential to have the medical institution specify the number of caregivers in the medical instructions, or clarify it in the disability and nursing period appraisals. If there are only statements from family members without professional opinions, claiming multiple caregivers carries high risks. For critical cases requiring round-the-clock care, caregivers can seek compensation based on continuous care records and medical opinions, but they should avoid counting temporary helpers as fixed caregivers. For cases involving multiple issues, comprehensive analysis should be conducted to determine the appropriate approach.Special services and other case servicesCoordinate and plan everything in a comprehensive and systematic way to ensure that all tasks are completed efficiently and effectively.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) (compensation for nursing fees and other reasonable expenses for treatment and rehabilitation); and 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 April 24, 2022) (nursing staff shall be one person in principle, but if the medical institution or appraisal institution has clear opinions, the number of nursing staff may be determined with reference to them; the nursing period shall be calculated until the victim recovers the ability to live independently). Practical suggestions: Obtain clear opinions from medical or appraisal institutions on the number of nursing staff; calculate the nursing fees based on the number of nursing staff and the duration; prepare supporting evidence for the necessity of multiple nursing staff; and avoid directly claiming according to the number of family shift workers. For cases involving disability-related issues, relevant evidence may be combined with the above information for consideration.Personal injury and medical dispute servicesCoordinate and plan things in an organized and efficient way to achieve the best results with the least effort.

5. Hengluo Law Firm's Reminder

The number of caregivers is not determined by "how many people are cared for, the compensation is divided among them", but rather "the number of caregivers is determined based on evidence". It is recommended that medical institutions specify the number of caregivers from the treatment stage onwards, to avoid retroactively providing proof or being deemed as providing general care. At the same time, attention should be paid to the three-year statute of limitations, which begins from the date when the claimant knows or should have known that their rights have been infringed and the obligee's identity has been identified. If the other party disputes the number of caregivers, the claimant may entrust a lawyer to assert their rights based on medical or appraisal opinions. Welcome to visit our website for more information.The official website of Beijing Hengluo Law FirmUnderstand the approach to handling similar cases.

VI. Frequently Asked Questions

Q1: Can the number of nurses be counted as multiple people, and can this approach be successful?

Yes, but there are conditions. The law takes one person as the principle, and only when the medical institutions or appraisal institutions give clear opinions supporting multiple caregivers, can it be determined by reference. If the injury is critical and requires round-the-clock care, and professional opinions are obtained, the claim for multiple caregivers will usually be supported; if it is only based on the statements of family members taking turns without opinions, it is likely to be calculated as one person. The result depends on professional basis rather than the actual number of caregivers.

Q2: If you advocate for multiple caregivers, what evidence do you need to prepare?

The core materials include: clear opinions on the number of caregivers provided by medical institutions or judicial appraisals; proof of the patient's critical condition and inability to care for themselves; actual care arrangements and continuous records; and proof of the caregivers' identities and their loss of income or caregiving standards. The evidence should be organized around "professional opinions + necessity", and avoid only submitting explanations of family members' shift arrangements.

Q3: How much does it cost to hire a lawyer to handle a dispute over the number of caregivers?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or as a percentage of the case value, with the specific fees determined by the client contract. There is no nationwide standard pricing. If it is necessary to apply for an assessment of the number of caregivers, third-party fees will be incurred. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether the fees include litigation and appraisal costs. Then, based on the estimated amount of caregiving fees that can be claimed, weigh the costs and make a rational decision.

Q4: How long does it usually take from determining the number of caregivers to issuing the judgment?

If the number of people involved in the case has been determined through medical treatment or appraisal, they can be dealt with together with the compensation. For cases that proceed to litigation, the first-instance ordinary procedure should be concluded within six months, and the simplified procedure within three months. However, if a separate application for nursing-related appraisal is made, the process may be extended for several weeks to months. It is recommended to finalize the number of people requiring nursing care during the treatment stage to avoid delays caused by separate litigation. The process from preparation to determination often takes several months.

Q5: I want to clarify the number of nurses and make a claim. What should I do specifically in the first step?

It is recommended to proceed in four steps: First, during the treatment or recovery stage, medical institutions should specify the number of caregivers and the duration of care in the medical instructions; Second, apply for a judicial appraisal of the number of caregivers in disputed situations; Third, organize the injury and care records to demonstrate the necessity of multiple caregivers; Fourth, claim nursing fees based on the opinions in the negotiation or litigation, and, if necessary, entrust lawyers to coordinate evidence and negotiate. Throughout the process, we should rely on professional opinions and avoid claiming directly based on the number of family shift workers.

The above questions and answers are 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, 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.