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In judicial practice, disputes over tort liability have consistently occupied a prominent position. As a typical set of norms for protecting and providing redress for rights and interests, the Tort Liability Section of the Civil Code, specifically Article 1164, clearly states that this section governs the legal relationships arising from the infringement of civil rights and interests, covering product liability, among others. Various types, including traffic accidents, medical malpractice, environmental pollution, damage caused by raising animals, and building damage.

This article will systematically organize the section on tort liability in a clear and easy-to-understand manner. Calculation Rules and Key Points for Evidence in Personal Injury Compensation Cases Help you clarify the path to protecting your rights.


Legal Basis

Article 1179 of the Civil Code clearly specifies the particular items covered by compensation for personal injury:

If one’s actions cause bodily harm to another, they shall compensate for reasonable expenses incurred for treatment and rehabilitation, including medical fees, nursing fees, transportation costs, nutritional expenses, and inpatient meal allowances, as well as lost income due to missed work. If the injury results in disability, compensation shall also cover the cost of assistive devices and disability compensation payments. In the event of death, compensation shall further include funeral expenses and death compensation payments.

The following sections will analyze each type of compensation in turn. Calculation method With Required evidence

💡 Tip: If hospitalization is required due to injury, it’s usually necessary to undergo a forensic assessment to determine the degree of disability and the “three periods” (time lost from work, duration of nursing care, and nutritional recovery period) in order to comprehensively calculate the amount of compensation.


Regional Differences in Compensation Standards

The national compensation schemes are broadly consistent, but specific standards vary from province to province. According to Article 22 of the “Judicial Interpretation on Compensation for Personal Injury,” reference should be made to... Location of the court with jurisdiction the relevant statistical data from the previous year. If the standard applicable to the victim’s place of residence or habitual residence is higher, the higher standard may be claimed in accordance with the law (see Article 18 of the Interpretation for details).

The following is based on Hubei Province To illustrate with an example, look up the relevant standards in the Statistical Yearbook published by the Hubei Provincial Bureau of Statistics. For other provinces, you can consult the standards released by the local statistical bureaus or the Higher People's Courts.


  I. Medical Expenses

Legal basis Article 6 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method : Issued by a medical institution Medical expense and hospitalization fee invoices For reference.

Required evidence Medical records, diagnostic certificates, hospitalization invoices, and detailed expense lists.

Attention The detailed breakdown of hospitalization expenses must be carefully preserved to prevent the other party from raising objections based on “unreasonable charges.” If the appraisal report specifies costs for follow-up treatment, these can be claimed together.


  II. Loss of Earnings

Legal basis Article 7 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method
Loss of income compensation = Standard rate of lost work × Duration of lost work (determined by assessment) Example 1: Monthly salary of 4,000 yuan, lost work for 120 days → 4000 ÷ 365 × 120 ≈ 16,000 yuan
Example 2: No fixed income, working in the construction industry (Hubei standard for 2024: 75,668 yuan/year), lost workdays: 120 days → 75,668 ÷ 365 × 120 ≈ 24,877 yuan

Required evidence

• Employment contract/Proof of employment

• Bank statement (proof of income)

• Expert opinion (determining the duration of the disability period)

• Proof of lost work hours issued by the employer

Attention The duration of the lost work period should be consistent with the assessment results. For those without fixed employment, proof of their job type must be provided to enable the application of industry standards.


  III. Nursing Fees

Legal basis Article 8 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method

Example: Nursing period of 60 days, Hubei’s 2024 standard for resident services and other industries: 52,532 yuan/year →   52,532 ÷ 365 × 60 ≈ 8,635 yuan

• Hiring caregivers: Calculated based on actual expenses paid.

• No caregiver employed: Refer to local caregiver industry standards.
 

• Caregiver hired only during hospital stay: Nursing fees during hospitalization will be paid based on actual expenses, while nursing fees after discharge will be paid according to industry standards.

Required evidence Nursing contract, payment voucher, expert opinion


IV. Transportation Expenses

Legal basis Article 9 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method Based on the actual transportation tickets incurred.

Required evidence Official receipts such as train tickets and taxi receipts

Attention If no invoice is available, you may reasonably claim compensation based on the number of days involved; it is recommended to file a lawsuit seeking the higher amount. The court will make its decision at its discretion.


V. Inpatient Meal Allowance

Legal basis Article 10 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method The standards vary across Hubei Province (50 yuan/day or 100 yuan/day); it is recommended to claim the higher rate. For example, for a 10-day hospital stay: 100 yuan/day × 10 days = 1,000 yuan

Required evidence Medical record (proof of hospitalization days)


VI. Nutritional Expenses

Legal basis Article 11 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method The Hubei standard is either 30 yuan per day or 50 yuan per day; it is recommended to claim the higher amount. For example: nutritional period of 100 days →   50 yuan/day × 100 days = 5,000 yuan

Required evidence Expert Opinion (Determination of Nutritional Period)


7. Compensation for Disability

Legal basis Article 12 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method
Per capita disposable income of urban residents in the province × Compensation years × Disability coefficient

Disability factor

Example 1: 50 years old, Grade 9 disability →   46,987 yuan × 20 years × 0.2 = 187,948 yuan
 

Example 2: 65 years old, Grade 9 + one instance of Grade 10 → 46,987 yuan × 15 years × 0.22 = 155,057.1 yuan

• Single-site disability: Grade 10 = 0.1; each higher grade adds 0.1.

• Multiple disabilities: Based on the highest disability rating, an additional 1%–2% is added for each additional disability.

Required evidence : Expert Opinion

8. Assistive Device Expenses for Persons with Disabilities

Legal basis Article 13 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method Based on the actual purchase or configuration costs.

Required evidence Invoice, medical order (proof of necessity)


9. Funeral expenses

Legal basis Article 14 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method
Last year’s average monthly employee salary ÷ 12 × 6


  X. Living expenses for dependents

Legal basis Article 17 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method
Per capita consumption expenditure of urban residents × Years of dependency × Disability coefficient ÷ Number of dependents Example: 40 years old, Grade 9 disability, supporting a 10-year-old child for 8 years, with spouse providing joint support →
27,888 yuan × 8 years × 0.2 ÷ 2 = 22,310 yuan

Required evidence

• Household registration book/proof of kinship

• Proof of incapacity to work (e.g., disability certificate, village committee certification)


XI. Compensation for Emotional Distress

Legal basis Article 23 of the “Judicial Interpretation on Compensation for Personal Injury”

Calculation method
The injured party may claim compensation. For a disability rating of Grade 10, the compensation is 5,000 yuan; for each subsequent grade increase, the compensation increases by 5,000 yuan. In the event of death, the compensation is 50,000 yuan.


 

About the Author

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Yang Diantao

Beijing Xinglai (Wuhan) Law Firm
Partner

A member of the Communist Party of China, since beginning practice, I have specialized in criminal defense in economic crime cases as well as civil and commercial litigation representation. In the criminal field, I have successfully handled numerous significant and complex cases. I am particularly adept at helping clients achieve changes in charges through precise legal arguments and meticulous examination of evidence, effectively altering the course of a case and maximizing the protection of their legitimate rights and interests. In the civil and commercial sphere, I excel at handling contract disputes, creditor-debtor matters, and other similar cases, and am skilled at devising optimal litigation strategies.


 

Business Areas:

Specializing in criminal defense and representation in civil and commercial cases, I have gained extensive practical legal experience over five years of practice, accumulating rich courtroom experience.


 


 

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