The repair and plastic surgery fees in medical damages are subsequent treatment fees, which can be claimed in accordance with Article 1179 of the Civil Code based on medical records, invoices, and medical certificates. Necessary and reasonable fees can be included in the scope of compensation.
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The follow-up treatment costs for medical damages can be claimed after they have actually occurred, or the necessary expenses can be claimed together with the medical certificates and appraisal conclusions. The matter shall be handled in accordance with the Civil Code.
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There is no unified fixed amount for compensation for mental distress caused by medical harm across the country. The court determines the amount based on the degree of fault, the consequences of the harm, and the local living standards. Compensation for disability or death is usually higher than that for general injuries.
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For those who are dependent on nursing care due to medical damage, the nursing care fees shall be calculated based on three levels: complete, major, and partial, taking into account the local nursing care workers' remuneration and the length of nursing care. This requires an assessment of the degree of nursing care dependency.
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The compensation for medical damages and death shall be calculated based on the per capita disposable income of urban residents in the place where the court is located in the previous year, multiplied by 20 years. For those over 60 years old, the compensation shall be reduced annually, and the matter shall be handled in accordance with the Civil Code.
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The degree of disability caused by medical harm must be appraised by a judicial expert, and the disability level shall be graded from level I to level X according to the degree of disability caused by human body injury. The grading shall be based on organ dysfunction and nursing dependency, and the matter shall be handled in accordance with the Civil Code.
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The period of work loss due to medical damage shall be determined based on the proof provided by the medical institution or the judicial appraisal. The compensation for work loss shall be calculated based on the duration of work loss and the income situation. If necessary, an appraisal of the period of work loss may be applied for.
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It wasn't until after the house was handed over that the buyer found out that the house had been mortgaged. If the developer conceals the defects in rights, the buyer can claim breach of contract or compensation. According to the Civil Code and judicial interpretations, the buyer can terminate the contract or seek compensation.
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After the delivery, it was found that a garbage station was built nearby. If this was an unfavorable factor that should have been disclosed during the contract signing but was not, you can claim that the developer breached the contract or committed fraud. It is recommended to check the contract and the planning documents.
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When the delivery occurs, if the gate of the residential community does not match the sandbox model, and if the sandbox model is a specific part of the contract, the buyer can claim breach of contract. It is recommended to verify the contract, the planning documents, and the promotional materials before taking legal action to protect their rights.
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The price of the house in the subscription agreement shall be subject to the written agreement. The subscription agreement usually stipulates the unit price or total price of the house, and the decoration standard shall be written into the terms or supplementary agreement. If it is not specified, it may be priced separately.
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If the formaldehyde level in the newly delivered house exceeds the standard, you can protect your rights according to the law by demanding remediation, price reduction, or compensation. If the formaldehyde level is seriously exceeded and affects your living conditions, you can claim corresponding relief. It is recommended to use a qualified testing agency for the inspection.
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The ambiguity of the decoration standards and the failure to specify brands do not automatically exempt the contractor from liability. The standards should be determined in accordance with national standards or industry norms. If the actual quality is lower than what was agreed upon, the client can claim breach of contract. It is recommended to supplement the brand list in the contract.
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When inspecting a fully-furnished house, in addition to checking the surface conditions, it is also necessary to inspect the hidden works and environmental protection aspects. Problems such as hollow walls, leakage, electrical circuit issues, and excessive formaldehyde levels may constitute quality violations, and the buyer can demand repairs, price reductions, or compensation accordingly.
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The developer's unauthorized modification of the apartment layout and its impact on the contractual purpose constitute a fundamental breach of contract. The buyer may terminate the contract, request a refund, and claim compensation in accordance with Articles 563 and 577 of the Civil Code.
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