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What is the statute of limitations for medical damage compensation cases?

Legal subjectivity:

1. How long is the statute of limitations for personal injury compensation?

The period is three years.

Article 188 of the Civil Code stipulates that the statute of limitations for petitioning the People’s Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.

The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than twenty years since the right was damaged, the People's Court will not grant protection. If there are special circumstances, the People's Court may decide to extend the time based on the application of the right holder.

2. What is damages

Damages, firstly, means that the breaching party uses money to compensate the other party for the losses suffered due to its breach of contract. The laws of various countries consider damage compensation to be a relatively important remedy. It is the most widely used remedy in the international sale of goods. However, the provisions on damage compensation in the laws of various countries often only involve the establishment of the liability of the breaching party, the scope of compensation, and the method of compensation, and they are quite different.

The second refers to compensation for the damage caused. Compensation is the most important feature of debt litigation and the most important form of relief provided by common law. Under normal circumstances, compensation can make up for the plaintiff's losses, but in trademark infringement cases, the plaintiff is often most concerned about how to get the defendant to stop the infringement first, and then compensation.

Legal basis: Article 1179 of the People's Republic of China and the Civil Code: Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization expenses Reasonable expenses for treatment and recovery such as food subsidy, as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.

3. Is the statute of limitations for personal injury lawsuits in traffic accidents one year or three years?

The statute of limitations for personal injury lawsuits in traffic accidents is three years. Traffic accident personal injury disputes are civil disputes and are subject to the statute of limitations for civil litigation. Generally, the time limit for civil litigation is three years, starting from the date when the parties know that their rights have been violated. If the victim claims rights against the infringer, the statute of limitations shall be calculated from the date of the last claim. Legal objectivity:

Article 188 of the "People's Republic of China and Civil Code" stipulates that the statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the obligee knew or should have known that the right had been damaged and the obligor knew. If the law provides otherwise, such provisions shall prevail. However, if it has been more than twenty years since the right was damaged, the People's Court will not grant protection. If there are special circumstances, the People's Court may decide to extend the time based on the application of the right holder.