Công ty lu?t TNHH Hà ?ô
My brother was a traffic accident. Person who caused the accident fled not give me time I go to the emergency situation worse. I injured my brain, bladder to be removed, fractured rock, temporal bone. Now recovered, but health and mental decline. I would ask my case I settled under regulation? What level of compensation? I thank you.
1. Provisions applicable to solve
Your brother was another accident when in traffic so that people can be prosecuted for criminal responsibility in accordance with the provisions of Article 202 of the Criminal Code of Crime Control regulations on road transport sets:
1. Those who control the means of road traffic that violates the provisions of the Road Traffic Safety cause damage to life or cause serious damage to health or property of another, shall be fined between five million dong and fifty million dong, non-custodial reform for up to three years or a prison term of between six months and five years.
5. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.
According to the information you provide, after the accident, the accident to me you ran away, do not get the person to the emergency room in time. This can be considered as aggravating circumstances the penalty provided for in paragraph 2 of Article 202 c of the Penal Code as described above. The agency conducting the proceedings will be based on the evidence and the law applicable to solving the case objectively, is the right offense.
2. The amount of compensation for damage
Article 604 of the Civil Code provisions on grounds of liability incurred damages as follows:
- Any person who intentionally or unintentionally infringe upon the life, health, honor, dignity, reputation, property, rights and lawful interests of other individuals, violate the honor, reputation, assets of the legal person or other entity that damage must be compensated.
- In the case of the legal provisions to compensate for damage caused in the event of an error, no such regulations apply.
Damage due to health infringement is determined in accordance with Article 609 of the Civil Code, including:
- Reasonable expenses for treatment, training, rehabilitation and functional loss or reduction of the victims;
- Actual income loss or reduction of the victims; if the real income of the victims are not stable and can not be identified, then applying the average income of employees of the same type;
- Reasonable expenses and the income actually lost the care of victims during treatment; if the victims disability and require frequent care of the damage, including reasonable costs for the care of victims.
- The infringement of the health of others must pay damages as defined above and a sum of money as compensation for mental damages which they suffered. The level of compensation for mental damages by the parties; if no agreement is reached, the amount shall not exceed thirty months minimum wage prescribed by the State.
Currently, the identification of health damage caused by the infringement was carried out under the guidance of the Council of Judges of the Supreme People's Court in Resolution No. 03/2006 / NQ-Judicial dated 08/7/2006 guide some provisions of the Civil Code of 2005 on compensation for damage outside contract. Specifically as follows: Damage to health infringements compensation include:
* Reasonable expenses for treatment, training, rehabilitation and functional loss or reduction of the victims including rental vehicles to carry the victims to emergency medical facility health; amount of money to buy drugs and medical devices, the cost of screening, X-rays, CT scans, ultrasound, laboratory, surgery, blood transfusion, physiotherapy ... as directed by a doctor; hospital bills; buy supplements, protein transmission, allowances rehabilitation for the victims as directed by a doctor; the actual costs, necessary for the damage (if any) and the cost for fitting prostheses, prosthetic eyes, purchase of wheelchairs, scooters, crutches and plastic surgery .. . to support or replace part of the body functions lost or diminished by the damage (if any).
* Actual income loss or reduction of the victims. If health before being violated victims actual income, but due to health they have been violated for treatment and therefore the actual earnings of them lost or reduced, they are compensation earnings actually lost or reduced it.
- Actual income of the victims were identified as follows:
+ If before their health is compromised, the victims have steady income from salaries and payroll, wages from labor contracts, shall be based on the salary or wages of the month preceding the That being violated human health and the duration of treatment to determine the actual earnings of the victims.
+ If before their health is compromised, the damage has worked and monthly real income but the income of the different months, then take the average income of the preceding 6 months (if not 6 months, enough of all the months) before being violated human health and the duration of treatment to determine the actual earnings of the victims.
+ If before their health is compromised, the victims have real income, but not stable and can not be identified, the application of the average income of the same type of human labor with the duration of treatment to determine the actual earnings of the victims.
+ If before their health is compromised, the damage is not working and no real income will not be entitled to compensation under the provisions of Article 609 paragraph 1 point b.
- Determine the actual income loss or reduction of the damage is done as follows:
Step one: Determine the real income of the victims during treatment or not. If so, the total income is.
Step two: Get total real income that has been damaged during the treatment period compared with the corresponding actual income is determined in accordance with the guidance in this point a subsection 1.2. Without the actual earnings of the victims during treatment, the real income of the victims lost; if lower, the difference is that the real income of the victims were reduced; if in the real income of the victims is not lost.
* Reasonable expenses and the income actually lost the care of victims during treatment.
- Reasonable expenses for the care of victims during treatment include traveling expenses of travel, accommodation rents average price in the locality where they are paid (if any) for one of those who care for the victims of the treatment period required by or at the request of the medical establishment.
- Actual income loss of caregivers who damaged during the treatment period is defined as follows:
+ If caregivers who have lost real income from wages stability in staffing and remuneration of labor contracts, based on the salary or wages of the month preceding the time they have to go hard care workers who lost time with care to determine the actual income loss.
+ If caregivers who work with victims and monthly income stability, but have different income levels, it took an average income of the preceding 6 months (6 months if not enough of all the months) before they have to take care of victims who care with time to determine the actual income loss.
+ If people caring for someone with no job losses or months working with the month and therefore does not have a stable income, shall be entitled to the care of the average wages paid to care for disabled Parking at the place where the victims reside.
+ If the time to care for the victims, who still care agencies and employers to pay wages, wages paid under the provisions of labor law, social security, they are not loss of real income and therefore no compensation.
* In case after treatment, the victims lost working capacity and need frequent care (the victim is no longer able to work due to spinal paralysis, blindness, paralysis of two limbs , severe mental illness, and in other cases by state agencies competent to impaired working capacity permanently by 81% or more), compensation must be reasonable expenses for the care of people affected harm.
- Reasonable expenses for the care of victims including reasonable monthly expenses for feeding, treatment of victims and affordable for people who regularly care for the victims.
- Reasonable expenses for the regular care of the victims is equal to the average wage paid to carers of people with disabilities in the locality where the victim resides. In principle, only damages to a person taking care of the damage caused by the loss of working capacity.
* The compensation for losses caused by mental health is compromised.
- The compensation for losses due to mental health are being violated compensation for the victims.
- In all cases, when health is compromised, the victims receive compensation payments to offset the loss of morale. The determination of the extent of the loss of the spirit should be based on the impact on the profession, aesthetic, social, family activities and personal ...
- The amount of compensation payments to offset the loss of morale for the victims first and foremost by the parties. If no agreement is reached, the amount of compensation to offset the loss of morale for the victims must be based on the extent of the loss of the spirit, but not exceeding 30 months minimum wage set by the State nails at the time of settlement of compensation.
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