At the time of prosecution, the compensation items that can be claimed according to the specific circumstances mainly include: medical expenses, lost time, nursing expenses, nutrition expenses, transportation expenses, hospital food subsidies, etc. If it constitutes a disability, you can also claim compensation for disability compensation, spiritual comfort, disability AIDS, living expenses of dependents, etc.
Extended data:
offset item
1After May 2004, the compensation items and standards stipulated in the traffic accident compensation standard are as follows: 20 1 1 New compensation standard for traffic accident death.
1. Items and standards of personal injury compensation: The compensation obligor shall compensate the medical expenses and income reduced due to missed work, including all expenses such as medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
2. Disability compensation items and standards: The compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily life needs and the income loss caused by the loss of working ability, including disability compensation, disability assistive devices, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
3. Items and standards of death compensation: In addition to paying the relevant expenses specified in 1 according to the rescue and treatment, the compensation obligor shall also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victims in handling the funeral.
4. Items and standards of mental damage: If the obligee (the victim or the close relatives of the deceased) requests the people's court to compensate for mental damage, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort.
The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court.
References:
Baidu Encyclopedia-traffic accident compensation