Calculation standards for personal injury compensation amounts

Author: Su Zhifu
Publisher:
Publish Date: 2005-01-01
Features: In social life, due to various specific reasons, personal injury incidents occur endlessly, and lawsuits arising from personal injury also occur endlessly. Although the specific forms of personal injury differ, and the claims are not uniform, the claim for compensation for losses is generally the same. Personal injury is an infringement on basic human rights, and providing a certain degree of compensation to the victim is one form of relief for these basic rights and should be taken seriously. What is meant by personal injury compensation is that the claimant sues the respondent to compensate for property losses and spiritual damages caused by the infringement, where the claimant refers to the victim directly suffering personal injury due to tortious conduct or other harmful causes, the persons legally obligated to support the victim, and the close relatives of the deceased victim. The respondent refers to natural persons, legal persons, or other organizations that are legally obligated to bear civil liability due to their own or others' tortious conduct or other harmful causes. When determining the various costs of personal injury compensation, in addition to referring to the formulas in this book, the issue of mutual fault should also be considered, as this factor will affect the specific amount of compensation. If the victim has or in the occurrence or expansion of the same damage, according to the General Principles of Civil Law and Article 131, the respondent's liability for compensation may be reduced or waived. However, if the tortfeasor causes harm due to or gross negligence, and the victim only has ordinary negligence, the respondent's liability for compensation shall not be reduced. When applying Article 106, Paragraph 3 of the General Principles of Civil Law to determine the respondent's liability for compensation, if the victim has gross negligence, the respondent's liability for compensation may be reduced. It should be noted that in personal injury incidents, some fall under the compensation reasons stipulated in the 《National Compensation Law》 and should be handled in accordance with the 《National Compensation Law》. Some belong to the labor relations and scope of industrial injury insurance adjusted by the 《Industrial Injury Insurance Regulations》 and should be handled in accordance with the 《Industrial Injury Insurance Regulations》.