[Direct answer]Personal injury compensation is divided into three tiers according to Article 1179 of the Civil Code of the People's Republic of China: the basic items include reasonable expenses for treatment and rehabilitation such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization subsistence allowances, as well as income lost due to work interruption; for cases involving disability, additional expenses for assistive devices and disability compensation are added; for cases involving death, additional expenses for funeral and death compensation are added; and for cases causing serious mental harm, compensation for mental distress may also be claimed (Article 1183). The disability and death compensation are calculated based on the per capita disposable income of urban residents in the jurisdiction of the court where the case is filed, and the compensation period is 20 years (reduced by one year for each additional year over 60, and five years for those over 75). The urban and rural standards have been unified, and the statute of limitations is three years. Beijing Henglue Law FirmPersonal Injury and Medical Dispute TeamThe compensation can be calculated item by item. For details, please refer to the following document.Beijing Henglue Law Firm.

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 article is the general principle of personal injury compensation items: if someone infringes on others and causes personal injury, they shall compensate for reasonable expenses such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization subsistence allowances incurred for treatment and rehabilitation, as well as the income lost due to work interruption; if disability occurs, they shall also compensate for assistive device fees and disability compensation; if death occurs, they shall also compensate for funeral expenses and death compensation. When understanding this article, attention should be paid to the term "reasonable expenses": all expenses must be causally related to the current injury and supported by receipts. Healthcare and beauty expenses unrelated to the injury are not included in the compensation; if disability occurs, compensation for mental distress shall be claimed separately in accordance with Article 1183 of the Civil Code.

2. Articles 6 to 15 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" (effective as of January 1, 2021)

The judicial interpretation provides calculation rules for each item: medical expenses shall be calculated based on the actual amount incurred before the conclusion of the debate in the first-instance court and supported by invoices; loss of income shall be calculated based on the actual reduction in income, and for those without fixed income, it shall be calculated based on the average income of the past three years or the average wage of workers in the same or similar industries in the previous year; nursing care fees shall be calculated based on the income of nursing staff or the local standard for nursing care service fees; disability compensation shall be calculated based on the per capita disposable income standard of urban residents in the jurisdiction of the court of first instance for 20 years; funeral expenses shall be calculated based on the total amount of six months' average monthly wages of local workers in the previous year; and death compensation shall also be calculated based on 20 years. After the amendment and implementation on May 1, 2022, disability and death compensation will no longer distinguish between urban and rural household registration, and will be calculated based on the urban residents' standard.

3. The interpretation of the case by the actual adjudicators

The court verifies the claims based on the invoices and appraisal opinions: the disability level is determined by judicial appraisal, and the disability compensation is calculated based on the per capita disposable income of urban residents multiplied by 20 years, with a disability coefficient of 100% to 10% corresponding to levels I to X; the loss of income requires a unit's proof of loss of income and payroll records, and retirees who have been rehired may also claim compensation; the nutrition fee and hospitalization meal subsidies are determined according to the number of days of hospitalization and local standards; the compensation for mental distress varies from region to region, and it is usually supported if it results in disability or death. Common situations that are not supported include: follow-up treatment fees that have not actually occurred or been appraised, lack of appraisal or proof of the period of loss of income, and insufficient evidence of the dependents' living expenses.

II. Practical Experience of Henglue Law Firm

Based on Henglue's practical observations in handling personal injury compensation cases, the common disputes in compensation calculation focus on four points: loss of income - how can those without fixed income or self-employed individuals prove their income level; nursing care fees - whether family members can claim nursing care fees based on the market price of nursing care workers; disability compensation - the relationship between the disability rating and participation rate, especially when the victim has a pre-existing disease, the appraisal opinion often reduces the participation rate; follow-up treatment fees - whether the court will handle the removal of internal fixation and rehabilitation costs together when they have not yet occurred. The judges' tendency is to appraise if possible, and to calculate each item based on invoices and appraisal opinions, rather than determining the amount based on intuition.

The most common pitfalls that parties easily fall into are: rushing to settle the case privately without conducting a disability assessment after discharge, resulting in compensation amounts far below the statutory standards; carelessly discarding receipts and being unable to provide proof later; only calculating current medical expenses while omitting follow-up treatment, care dependency, and the living expenses of dependents; mistakenly believing that rural household registrations are always calculated at lower standards, ignoring the unified urban and rural rules implemented since 2022. The standard calculation path is to first conduct an assessment after treatment ends, and then collect evidence item by item according to the project list. This can be used as a reference.Legal services for personal injury and medical disputesUnderstand the accounting approach for similar claims to ensure that every loss is supported by evidence.

III. Frequently Asked Questions

Q1: How exactly is the compensation amount calculated? Is there a formula for it?

The main items have clear algorithms: medical expenses are calculated based on actual receipts; loss of income is equal to daily income multiplied by the number of days of work loss; nursing fees are calculated based on the number of days of nursing and the nurse's income or local nursing standards; disability compensation = the average per capita disposable income of urban residents in the jurisdiction of the court of first instance × 20 years × disability coefficient (from 100% for level I to 10% for level X, with a reduction for those over 60 years old); death compensation = the average per capita disposable income of urban residents × 20 years; funeral expenses = the average monthly wage of local workers in the previous year × 6 months. Other items are determined based on receipts, and it is recommended to list a detailed table for item-by-item accounting.

Q2: Should I get a disability assessment? When should I do it?

The following are the necessary steps to determine disability: The disability rating directly determines the amount of disability compensation and mental comfort money, and is the core bargaining chip in compensation negotiations. The appraisal should be conducted after the treatment is completed and the injury condition is stable. Generally, it is applied for when the injury has healed or the condition is stable. Appraising too early may result in being asked to redo it, and appraising too late will delay the statute of limitations. The appraisal institutions can be jointly entrusted by both parties or determined by the court through a random draw. Appraisal opinions entrusted by oneself are more likely to be subject to a request for reappraisal by the other party. It is more secure to entrust the appraisal by the court in litigation.

Q3: How much does it cost to hire a lawyer to help with a claim for compensation?

The fees are usually charged based on the proportion of the claim amount or in stages, and a written agreement is reached after the interview and evaluation. The litigation fees are paid in stages based on the amount of the claim, and the losing party bears the fees in proportion to the amount of the claim. The appraisal fees are generally paid in advance by the applicant and ultimately shared according to the proportion of responsibility. In personal injury cases, there are many compensation items and detailed calculations. The value of the lawyer's representation lies mainly in the organization of evidence, the timing of appraisal, and the assertion of each item to avoid omissions and being undercut on prices. Whether to hire a lawyer should be decided after estimating the cost-benefit ratio based on the subject matter and complexity of the case.

Q4: How long does it take from filing a lawsuit to receiving the compensation payment?

For cases with simple facts and clear responsibilities, the simple procedure shall be concluded within three months, and the ordinary procedure within six months; for cases requiring disability appraisal or secondary appraisal, the appraisal period shall be added, usually several months. After the judgment or mediation takes effect, insurance company defendants usually fulfill their obligations quickly, while individual defendants who delay the process need to apply for compulsory enforcement, the enforcement period of which depends on their financial status. If the evidence is well-prepared before the lawsuit and the appraisal is completed once, the overall process can be significantly shortened; those who urgently need money can promote pre-litigation mediation and apply for judicial confirmation after reaching an agreement.

Q5: Will I lose out if I settle the matter privately with the other party?

It's quick to settle a case privately, but the risk lies in the "unclear calculation": signing a one-time settlement agreement without a disability assessment or calculating the follow-up treatment costs may result in difficulties if the injury worsens or a disability is assessed later. In such cases, the agreement has already disposed of the right to compensation, and it's hard to revoke it without proving a major misunderstanding or manifestly unfair treatment. For minor cases with light injuries and complete invoices that can be settled on the spot, it's suitable to settle privately. For more serious injuries or those that may lead to disability, it's recommended to discuss the settlement after the treatment ends and the assessment is completed, or to sue according to statutory items to evaluate whether the private settlement offer is reasonable based on statutory standards.

IV. Suggestions for Protecting Rights

  • After the treatment is completed, first conduct a disability assessment, and then calculate all the compensations according to the assessment level and the statutory formula. Don't quote prices based on your own judgment.
  • All medical, nursing, transportation, and assistive device bills are filed according to time, and the certificates of loss of working time are collected simultaneously with the payroll records.
  • If the subsequent treatment costs have not yet occurred, they can be sued for separately after they actually occur, or estimated in the appraisal to avoid missing any items.
  • For cases involving serious injuries or potential disabilities, it is necessary to calculate the compensation according to legal standards before settling the matter privately. If the offer is obviously too low, it is advisable to exercise caution before accepting it.
  • Please note the three-year statute of limitations. There's no need to wait too long if the other party delays the compensation. For more accounting ideas, please refer to the following link.Beijing Henglu Law Firm.

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