Of course, if the parties think that relevant information may not be needed in the future, they can also hand over the original to the judicial authentication institution for preservation as an authentication information file.
After judicial appraisal, if it is identified as a minor injury, the victim can get compensation. The main compensation items include medical expenses, lost time and nursing expenses.
1, medical expenses
According to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. Rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training can be prosecuted separately after the actual occurrence. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. Lost time cost
According to the victim's lost time and income. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. Nursing expenses
According to the income of nursing staff, the number of nurses and the length of nursing time. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
4. Nursing care of the victim after disability
The nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
5, hospital food subsidies
It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Legal basis:
Article 146 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the investigation organ shall inform the criminal suspect and the victim of the expert opinions used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal.
Article 243rd of the Procedures for Handling Criminal Cases by Public Security Organs: The time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other property is six months. The maximum period of each freeze shall not exceed six months.
For major and complicated cases, with the approval of the person in charge of the public security organ at or above the municipal level, the time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other property can be one year. The maximum period of each freeze shall not exceed one year.