[Direct answer]The amount of compensation for civil disputes shall be determined according to the type of damage. For personal injury, in accordance with Article 1179 of the Civil Code, compensation shall be paid for medical expenses, nursing care fees, transportation expenses, nutrition fees, hospitalization meal subsidies, loss of income, and additional compensation for assistive devices and disability compensation in the event of disability; additional compensation for funeral expenses and death compensation in the event of death; and disability and death compensation shall be calculated based on the per capita disposable income standard of urban residents in the jurisdiction of the court where the lawsuit is filed, and the compensation period shall be 20 years. For property damage, compensation shall be calculated according to the market price at the time of the loss, with the principle of making up for the actual loss. It is recommended to preserve the relevant evidence such as bills and medical records, and to entrust professional lawyers to calculate the compensation amount. For more details, please refer to the relevant provisions.Personal injury legal services、Labor and work-related injury legal services.

I. Legal basis and interpretation of provisions

1. Article 1179 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

This provision stipulates the scope of compensation for personal injury caused by infringement of others: medical expenses, nursing fees, transportation fees, nutrition fees, hospitalization subsistence allowances, etc. are reasonable expenses for treatment and rehabilitation, as well as income lost due to work absence; if the victim is disabled, the compensation should also include the cost of assistive devices and disability compensation; if the victim dies, the compensation should also include funeral expenses and death compensation. This is the most basic and complete basis for claiming compensation for personal injury.

2. Article 118 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The provision stipulates that in the case of infringement of others' property, the property loss shall be calculated according to the market price or other reasonable methods at the time of the loss. Unlike personal injury, property damage is based on the market price at the time of the loss, rather than at the time of the judgment. The purpose is to restore the victim's property status at the time of the loss, reflecting the time node requirements of the principle of restitution.

3. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (effective on May 1, 2022)

The interpretation refines the calculation standards: disability compensation and death compensation are calculated based on the per capita disposable income of urban residents in the previous year of the court where the case is filed, and are calculated over a period of 20 years (for those over 60 years old, the period is reduced by one year for each additional year, and for those over 75 years old, it is calculated over a period of five years); the living expenses of dependents are included in the relevant compensation items. This standard provides an operable quantitative basis for various personal injury compensation.

II. Practical Experience of Henglue Law Firm

Based on the practical observations of Beijing Henglu Law Firm in handling personal injury and infringement cases, disputes over compensation amounts often focus on four aspects: First, the calculation standards for loss of income and nursing care fees. Freelancers or those without fixed incomes are often assessed at the minimum standard due to a lack of supporting evidence; Second, the disability rating and compensation coefficients. The timing of appraisal and the choice of appraisal institutions directly affect the compensation amount; Third, after the urban and rural standards were unified, it is still necessary to prove the victim's habitual residence and income sources to apply the urban standards; Fourth, the difficulty of proving property losses without receipts or purchase records. The most common pitfalls for parties are not keeping receipts during treatment or failing to keep records when settling the case privately. For more details about related services, please refer to the following link:Personal injury legal services、Labor and work-related injury legal services.

The practical key points of accounting and evidence collection:Personal injury compensation is calculated based on the "actual losses plus statutory standards" dual-track method: medical expenses are reimbursed based on invoices, loss of earnings require a certificate of loss of earnings and income records, and disability compensation is calculated by multiplying the disability grade by the average per capita disposable income in urban areas over 20 years. The parties involved should establish a chain of evidence: medical records, expense invoices, income certificates, care agreements, and disability appraisal reports. For property losses, they should submit purchase receipts, repair quotes, or appraisal reports. The value of professional lawyers lies in itemized accounting, strengthening evidence, and turning "estimates" into a "substantiated" compensation list in mediation or litigation, thereby avoiding omissions and low appraisals. Relevant consultations can also be referred to for reference.Specialised legal services(This paragraph is a summary of practical experience and does not cite specific case details or amounts.)

III. Frequently Asked Questions

Q1: What items are generally included in civil compensation?

Personal injury includes medical expenses, nursing care expenses, transportation expenses, nutritional expenses, hospitalization and meal subsidies, and loss of income; for disability, additional assistive device expenses and disability compensation are added; for death, additional funeral expenses and death compensation are added. For property damage, compensation is provided for repair costs or the market value at the time of loss. Specific items are determined based on the type of damage and evidence, with the principle of compensating for actual losses, without duplication or omission.

Q2: What is the standard for calculating disability compensation?

According to 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 compensation amount shall be calculated based on the per capita disposable income standard of urban residents in the place where the receiving court is located in the previous year, and shall be calculated for 20 years from the date of disability determination; for those over 60 years old, the compensation amount shall be reduced by one year for each additional year; and for those over 75 years old, the compensation amount shall be calculated for five years. The compensation coefficient corresponding to the disability level is higher for higher levels. The amount is calculated by multiplying the calculation base by the coefficient.

Q3: How to calculate the compensation for loss of income without a proof of income?

For those without a fixed income, the average income over the past three years shall be calculated based on the average income; for those who cannot provide evidence, the average wage of workers in the same or similar industries in the place where the sued court is located in the previous year shall be used as a reference. Therefore, it is very important to keep records of income and tax payments on a regular basis. Otherwise, it is easy to be determined according to a lower standard, which will obviously harm their rights and interests. The more evidence they can provide, the more favorable it will be for them.

Q4: Can I get compensation for property damage without an invoice?

It's possible to make a claim, but it's harder to provide evidence. Without an invoice, you can use purchase records, the market price of similar products, repair quotes, or appraisal reports to support the value; the court will determine the value based on common sense. If you're completely unable to prove the value, you may only receive symbolic compensation, so you should fix the property certificates and damage images as soon as possible, and apply for an appraisal if necessary to determine the amount of the loss.

Q5: If I've signed a private settlement agreement, can I still demand compensation afterwards?

It depends on the circumstances. If the damage is not obvious at the time of private settlement (such as internal injuries or after-effects), or if the other party conceals the injury, you can claim major misunderstanding or grossly unfair treatment and request to revoke and supplement the agreement. If the agreement is fair and the damage is already known and settled, it will be difficult to gain support if you make a claim later. Before signing the agreement, you should comprehensively assess the injury and the statutory compensation amount. If necessary, you should first conduct an appraisal and then negotiate to avoid being taken advantage of due to underestimation.

IV. Suggestions for Protecting Your Rights

  • During the treatment, please keep all receipts, medical records, diagnosis certificates, and income statements intact.
  • After the injury stabilizes, conduct a disability assessment in a timely manner to determine the compensation coefficient and items.
  • For property losses, please submit purchase receipts or appraisal reports, as well as evidence of the fixed value of the property.
  • Hire a professional lawyer to calculate the compensation list item by item, and evaluate the statutory amount before settling the case privately.

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