因伤致残的后续护理费问题 交通事故赔偿法律指引（Legal guidelines for traffic accident compensation for subsequent care costs due to disability）.doc

因伤致残的后续护理费问题 交通事故赔偿法律指引（Legal guidelines for traffic accident compensation for subsequent care costs due to disability） Legal guidelines for traffic accident compensation for subsequent care costs due to disability Author: Qin lawyer / source Dayi published: 2011 26 March 04 *QQ contact: 1053253649* or log on [Law of art], access to the following study of the Qin lawyers: compensation for personal injury, compensation for the accident, the cost of compensation for the accident; -2011, Yingtan intermediate peoples Court on the trial of damages for road traffic accidents Article fifteenth meets one of the following circumstances, the victim advocates discharge or after the fixed cost of care to support: (1) the disability level of victims is three or more than three; (two) after identification, the victim could not take care of himself after he was discharged from hospital; Nursing care of sixteenth residues after the victim can refer to the Regulations provisions of the second paragraph of the thirty-second industrial injury insurance, in accordance with the care of life can not, life can not take care of themselves, or life can not take care of the three pay grades, the standard respectively when the accident happened last year the average wage of workers 50%, 40% or 30%, calculation five years. The above-mentioned five years, calculated after the discharge of the victim and hospitalized many times, are calculated after the last discharge. Over five years later, the compensation holder does need to continue to take care of the case, which may be subject to further proceedings. Summary of the Forum on the implementation of the law on tort liability at the intermediate peoples Court of Henan, Zhoukou Province, -2010 (3) the cost of nursing is calculated by the actual decrease of the nursing staff or the actual expenses paid by the nursing staff. The victim can not provide evidence that the amount of income actually reduced by the nursing personnel may be calculated i