[Direct answer]In the Beijing area, it is not mandatory to conduct a judicial appraisal for follow-up treatment costs, but an appraisal is usually more reliable. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (amended on February 15, 2022 and implemented on May 1, 2022), follow-up treatment costs can be sued separately after they actually occur, or the necessary expenses can be compensated together with the medical certificate or appraisal conclusion. If the hospital has issued a treatment plan and cost estimate, the claimant can directly claim without an appraisal; if the amount is unclear or the other party disputes it, applying for a judicial appraisal can fix the amount and reduce the burden of subsequent litigation. It is recommended to keep the outpatient medical records, diagnosis certificates, and cost lists, and choose the most economical way of providing evidence based on the specific case. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem Background and Typical Scenarios

In cases of personal injury, traffic accidents, victims of service providers, and work-related injuries, victims often need secondary surgery, rehabilitation, or cosmetic surgery. Whether the follow-up treatment costs are appraised has become a practical challenge. Typical scenarios include: removing internal fixation after fracture healing, follow-up rehabilitation after nerve damage, facial scar correction, and organ function recovery training. Many parties mistakenly believe that they must wait until the actual expenses occur before claiming compensation, or worry that the court will not support their claims if they do not appraise the costs, thus missing the opportunity to claim compensation in the first instance. In fact, the law allows two approaches, the key is whether the evidence is sufficient for the court to form a conviction. In cases involving work-related injuries, it can be combined withLabor arbitration and work-related injury compensation servicesCoordinate and make a comprehensive judgment.

II. Key points of contention

The controversy focuses on three points. Firstly, necessity: When the obligee disputes the necessity and rationality of subsequent treatment, they need to bear the corresponding burden of proof; if the hospital's plan is clear, the court will generally support it. Secondly, certainty: Whether the expenses will necessarily occur and whether the amount is clear determine whether they can be awarded together. Thirdly, methods of proof: Medical certificates and judicial appraisal certificates have different evidentiary value, and appraisal is more reliable when the other party raises strong objections. In practice, some tortfeasors refuse to pay compensation on the grounds that the expenses have not actually occurred, but according to the judicial interpretation, the expenses that are certain to occur can be compensated together with the expenses that have already occurred. For cases involving the recovery of damages and enforcement by the liable party, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on our practical observations in handling personal injury cases, the most common problem with subsequent treatment costs is the organization of evidence. If there is only a victim's oral statement but no medical certificate, the court often advises the victim to file a separate claim, which increases the litigation burden. However, if the medical institution's subsequent treatment plan and cost estimate, or an appraisal opinion are attached, the court can support the claim at the first instance. Hengluo Lawyers usually suggest the following: After the injury condition stabilizes, promptly obtain a subsequent treatment certificate from the treating hospital, listing the items and approximate amounts; if the other party obviously does not recognize the amount or has doubts about it, decisively apply for a judicial appraisal to fix the amount. This not only increases the success rate of mediation but also avoids the cost of subsequent litigation. For major and complex cases or those involving multiple parties' responsibilities, it is advisable to proceed with further legal procedures.Special services and other case servicesHandle it uniformly.

IV. Practical suggestions and legal basis

The legal basis is Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates the scope of compensation for personal injury, including reasonable expenses for treatment and rehabilitation such as medical fees and rehabilitation costs, and Article 6 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 and effective May 1, 2022), which stipulates that compensation for medical expenses and follow-up treatment expenses may be claimed separately when they actually occur, or compensated together based on medical certificates and appraisal conclusions. Practical suggestions: Keep all medical records and receipts before the end of treatment; request a written follow-up treatment plan and cost estimate from the hospital; apply for judicial appraisal if necessary; and file a claim for follow-up treatment expenses in the first instance to avoid omissions. For cases involving criminal incidental civil litigation, relevant provisions can be referenced accordingly.Criminal defense and criminal case filing servicesClaim them together.

5. Henglu Law Firm's Reminder

For subsequent treatment fees, it is not necessary to conduct a full appraisal, but it is also not advisable to completely fail to prepare evidence. The most prudent approach is to first use medical certificates to fix the inevitably incurred expenses, and then conduct an appraisal when there is insufficient evidence or significant disputes. Note that you should not wait until the second instance to first claim subsequent treatment fees. In principle, you should raise the claim before the conclusion of the debate in the first-instance court; if there are indeed new circumstances, you can file a separate lawsuit. Keeping all follow-up consultation records and expense receipts is the basis for successfully obtaining compensation. If you need to evaluate the evidence-gathering strategy, you can seek assistance from a professional lawyer.Special services and other case servicesMake a plan and claim the subsequent treatment fees all at once.

VI. Frequently Asked Questions

Q1: If the court does not conduct an appraisal of the subsequent treatment costs, will the court support it?

The court does not always require an appraisal. According to Article 6 of the judicial interpretation, subsequent treatment costs can be sued for separately after they actually occur, or the necessary costs can be compensated together with the medical certificate or appraisal conclusion. If the medical institution provides a clear follow-up treatment plan and cost estimate, which can prove that the costs will inevitably occur and the amount is reasonable, the court usually directly supports it without requiring an appraisal. If only a general amount is claimed without proof, or if the obligee raises objections, the court may advise the claimant to make a separate claim. Therefore, whether or not an appraisal is conducted depends on the sufficiency of the evidence, rather than being mandatory by law. If the evidence is solid, compensation can be obtained without an appraisal; if the evidence is weak, an appraisal can better fix the amount and increase the support rate.

Q2: To claim the follow-up treatment costs, what evidence do I need to prepare?

The core evidence includes: the diagnosis certificate and follow-up treatment plan from the hospital (listing the items, number of times, and approximate costs), outpatient and inpatient medical records, examination reports, invoices and lists of medical expenses incurred, as well as evidence of the other party's liability for infringement (such as the accident liability determination letter and the appraisal opinion). If an appraisal is conducted, the judicial appraisal opinion is also required. The organization of evidence should focus on three points: "necessity of treatment - inevitability of costs - reasonableness of amounts". The more specific the hospital certificate is, the easier it is to obtain a joint payment; if the other party questions the necessity of treatment, they shall bear the burden of proof. If the materials are incomplete, it is recommended to first strengthen the evidence and then file a lawsuit to avoid being diverted to separate claims.

Q3: How much does it cost to apply for an assessment of follow-up treatment fees?

The appraisal fees are charged according to the standards of the project and the region. The evaluation fees for follow-up treatment in common forensic clinical appraisals vary depending on the region and the institution. They are usually prepaid by the applicant and ultimately borne by the losing party or in accordance with the proportion of liability. The litigation fees are paid in stages according to the amount of the claimed follow-up treatment fees, in accordance with the "Measures for the Payment of Litigation Costs". The attorney's fees are determined based on the circumstances of the case and the amount of the claim, either on a fixed-fee basis or on a percentage basis, subject to the terms of the power of attorney. There is no standard pricing. It is recommended to assess the necessity and cost of appraisal before suing. For cases with clear amounts and confirmed by the hospital, the appraisal fees can be waived; for cases with significant disputes, the appraisal fees can often be recovered through the sharing of the litigation costs by the winning party.

Q4: How long does it usually take from filing a lawsuit to receiving the money for subsequent treatment expenses?

If the claim is raised in the first instance, the timeframe will depend on the main case proceedings: the ordinary procedure of civil litigation will be concluded within six months, and the summary procedure within three months; after the judgment takes effect, the enforcement process will begin, and the recovery of the funds will depend on the debtor's financial situation. If the claim is filed separately after the actual occurrence, it will involve an additional round of litigation, extending the overall process by several months to over a year. Therefore, it is advisable to handle all claims in the first instance as much as possible. For cases where the liable party may transfer assets, it is possible to apply for property preservation in the main case to shorten the actual recovery period. Simple cases often take several months from the claim to the enforcement of recovery, while complex cases may span over a year.

Q5: How should the follow-up treatment fees be claimed specifically, and what should be done first?

It is recommended to proceed in four steps: First, during the treatment process, require the main treating hospital to provide a written follow-up treatment plan and cost estimate as the core evidence; Second, determine whether the other party may raise objections and whether the amount is clear, and decide whether to supplement the medical certificate or apply for a judicial appraisal; Third, before the conclusion of the debate in the first-instance court, include the follow-up treatment fees in the litigation request, accompanied by a medical certificate or appraisal report; Fourth, if the expenses are indeed unforeseeable at the first-instance stage, file a separate lawsuit based on the judicial interpretation after the actual expenses have occurred. Throughout the process, keep the records of follow-up consultations and invoices, and if necessary, entrust a lawyer to evaluate the strength of the evidence to avoid omitting claims or being forced to file another lawsuit, which will increase costs.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 current laws and regulations and publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer promptly.