[Direct answer]Yes. According to Article 1183 of the Civil Code, if the infringement of a natural person's personal rights causes serious mental damage, the infringed person has the right to request compensation for mental damage, which is usually manifested as compensation for mental damage, claimed together with medical expenses, disability compensation, etc. Whether it is "serious" is typically determined by whether it constitutes a disability, and the amount is determined according to the disability level, the degree of fault, the consequences of the damage, and the local living standard. Note: In criminal incidental civil actions, compensation for mental damage is generally not supported. There are special rules for breach of contract lawsuits. It is recommended to raise the claim for compensation for mental damage together with the infringement lawsuit.

I. Problem Background and Typical Scenarios

In personal injury disputes, victims often suffer from long-term mental distress such as pain, anxiety, insomnia, and fear of driving, in addition to material losses. However, many parties are unaware that they can claim compensation for mental distress, or mistakenly believe that "there will be no compensation for mental distress if the victim is not rated as disabled." Typical scenarios include: traffic accidents resulting in disabilities, failed cosmetic surgery leaving scars, animal bites to the face, fractures from falls in public places, and physical and psychological trauma caused by assault and insults. The amount of compensation for mental distress varies widely, and the standards of adjudication differ from region to region. Some parties may overlook or underestimate the amount of compensation, while others may demand excessively high compensation, leading to failed negotiations and delayed litigation. Understanding the supporting conditions and discretionary factors can help claimants make reasonable claims and improve the predictability of negotiation and judgment outcomes.

II. Key points of dispute

  • How to determine "serious mental damage": It is generally considered serious if it constitutes a disability; if the victim has not been assessed as disabled but suffers from disfigurement, obvious scars, long-term functional impairment, or has undergone psychological treatment, they can also claim compensation.
  • How is the amount determined? It is determined based on the disability level, the degree of the infringer's fault, the means and occasions of the infringement, the profit situation, and the local living standard, with significant differences across different regions.
  • The circumstances in which claims can be made are limited: claims can be made in infringement lawsuits; claims are generally not supported in criminal incidental civil lawsuits; and if a breach of contract lawsuit is chosen, there are special rules in Article 996 of the Civil Code.

III. Professional analysis by Henglue Law Firm

恒略律师认为，精神损害赔偿的关键是把「痛苦」转化为「证据与条文」。证据上，伤残鉴定意见书是最有力的支撑，十级至一级伤残对应不同的酌定基础；未构成伤残的，可通过疤痕照片、心理诊疗记录、长期用药证明等佐证损害的严重性。条文上，《民法典》第1183条是基本依据，《最高人民法院关于确定民事侵权精神损害赔偿责任若干问题的解释》（2020年修正）明确了按侵权人过错程度、侵害手段与场合、损害后果、获利情况、当地生活水平等因素酌定数额。策略上，应在侵权之诉中与各项物质损失一并主张，避免拆分诉讼增加成本；主张数额要参考受诉法院当地同类判决，畸高不仅难获支持，还会相应增加诉讼费负担。判决生效后对方拒不履行的，可依托Creditor-debtor relations | Legal services for enforcement casesApply for enforcement. If the mental damage stems from the spouse's remarriage, cohabitation with others, domestic violence, or other major faults leading to divorce, the non-at-fault party may also claim damages for divorce in accordance with Article 1091 of the Civil Code. For reference, please refer to the relevant provisions of the Civil Code.Divorce litigation | Legal services for family disputes.

IV. Practical suggestions and legal basis

Legal basis: Article 1183 of the Civil Code (the right to claim compensation for serious mental damage caused by infringement of personal rights); Article 996 (if the other party's personality rights are infringed and serious mental damage is caused by breach of contract, the choice to claim breach of contract liability does not affect the right to claim compensation for mental damage); the discretionary factors stipulated in the Interpretation of the Supreme People's Court on Determining the Liability for Compensation for Mental Damage in Civil Infringement (amended in 2020); and the calculation rules for material losses such as medical expenses and disability compensation specified in the Judicial Interpretation on Compensation for Personal Injury (amended in 2022). Practical advice: When claiming compensation for mental damage, the amount and reasons should be clearly stated in the complaint rather than being expressed in a general manner; simultaneously submit evidence such as disability appraisals, injury photos, and psychological treatment records; propose a reasonable amount based on the common range of thousands to tens of thousands of yuan for a level-10 disability in the local area; and the statute of limitations is three years. If the personal injury is caused by criminal acts, attention should be paid to the limitations of the scope of compensation in incidental civil litigation, and if necessary, an independent assessment should be conducted.

5. Henglu Law Firm's Advice

The compensation for mental distress is not a "sky-high demand" for compensation, but a legal remedy for severe mental suffering. Only reasonable claims can gain the recognition of the court and the other party. Henglue Lawyers suggest: first evaluate the disability, then determine the amount of the claim; organize the evidence around the severity of the injury; and handle the compensation for mental distress flexibly as part of the overall solution during negotiations, in exchange for faster payment. If you are currently facing a personal injury claim, you can consult us for advice.Personal injury | Legal services for medical disputesThe team, or visitBeijing Henglu Law FirmYou can learn about the relevant experience on the official website.

Q1: For a level 10 disability, how much compensation for mental distress can be claimed?

Standards vary across different regions. The common range is around several thousand yuan to 10,000 yuan. In some areas, the compensation amount is determined based on the disability grade, with the lowest level of disability (level 10) typically corresponding to the lower end of the range. The amount is not fixed, and it is also influenced by the degree of the infringer's fault (e.g., higher compensation for drunk driving or fleeing the scene), the location of the injury (higher compensation for visible injuries such as facial scars), and the proportion of liability. If the victim is at fault for the accident, the compensation will be reduced accordingly. When claiming compensation, the victim should submit a disability appraisal report and specify the amount and reasons in the lawsuit. The amount should be reasonably proposed with reference to recent similar judgments of the receiving court. Excessively high compensation amounts are not only difficult to obtain full support, but will also result in corresponding increases in case acceptance fees based on the litigation subject amount.

Q2: Can I still claim compensation for mental distress even if I haven't suffered from any physical disability?

It's possible to strive for compensation, but it's quite challenging. The "serious mental damage" approach does not focus solely on disability: conditions such as disfigurement, obvious scars, tooth loss, long-term insomnia and depression, and significant organ dysfunction can be claimed even if the victim does not meet the disability rating criteria. The court will evaluate the recoverability of the damage, its duration, and its impact on daily life and work. It is recommended to secure evidence as soon as possible and entrust a lawyer to assess the potential for compensation. The focus of the evidence should be on "serious and persistent damage". If the claim is based solely on general pain and discomfort, the court may reject it on the grounds that it does not constitute serious damage, which may also affect the overall negotiation atmosphere.

Q3: Can victims of criminal cases claim compensation for mental damages?

In criminal incidental civil actions, requests for compensation for mental damage are generally not supported, which is the established approach in current judicial interpretations. In the incidental civil part, victims can claim material losses such as medical expenses, nursing care fees, and funeral expenses. Victims can seek compensation through two paths: first, in the criminal proceedings, they can prompt the defendant and his family to make compensation and reach a settlement, and the consolatory economic compensation can be included in the settlement agreement, which may increase the possibility of the defendant obtaining a lenient sentence; second, they can evaluate whether they meet the conditions and case basis for filing a separate civil lawsuit. For those who have suffered mental trauma due to criminal acts, they can also seek psychological intervention and judicial assistance. The relevant procedures can be referred to for reference.Criminal defense | Legal services for criminal case filingOr consult a lawyer for a comprehensive assessment.

Q4: Do I need to file a separate lawsuit for compensation for mental damages?

No, it's not necessary. A claim for compensation for mental distress should be raised together with the claim for material damages in a lawsuit for infringement, and the court will adjudicate and decide on both claims simultaneously. Splitting the lawsuit into two parts will not only increase the time and cost, but also may be subject to the restriction of "having been dealt with separately". Two points need to be noted: First, if a breach of contract lawsuit is chosen, according to Article 996 of the Civil Code, if the breaching party damages the other party's personality rights and causes serious mental distress, it will not affect the non-breaching party's claim for compensation for mental distress. This is a new rule of the Civil Code implemented on January 1, 2021; Second, the amount of compensation can be dynamically adjusted according to the results of the disability appraisal. It is more secure to finalize the amount after the appraisal conclusion is clear before the trial, so as to avoid repeatedly changing the claim in the trial and affecting the judge's impression of the case.

Q5: What factors determine the amount of compensation for mental distress?

It is mainly determined by four factors: First, the damage consequences, including the disability level, the location of scars, and the degree of organ function loss, which serve as the basis; Second, the infringer's fault, including intentional acts, gross negligence, or knowing and deliberate acts (such as drunk driving and fleeing the scene), which will be punished more severely; Third, the circumstances of the infringement, such as using malicious methods, committing the act in public, or profiting from the opportunity, which will be punished more severely; Fourth, the living standards and judicial practices in the locality where the court is located, with significant differences in common compensation ranges across different regions. Victims who are at fault for the occurrence or aggravation of the damage will be subject to a reduction in compensation. The court will comprehensively evaluate the case, and parties should refer to similar local judgments to reasonably determine the amount of compensation. They should focus on organizing evidence of disability appraisal and fault, which can better improve the actual compensation level than simply raising the claim amount.

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 Henglue Law Firm