Left leg amputation due to a traffic accident,
How many years can I claim the cost of a prosthesis?
How much can I pay for moral damages?
As a result of the loss of year-end bonuses and rental allowances,
Can I claim compensation?
The story begins with an accident that happened to a successful female corporate executive, Ms. Li.
A traffic accident unfortunately resulted in an amputation
On the afternoon of September 16, 2022, when Xu drove a vehicle with a license plate number of Beijing A*** to an intersection in Haidian District, Beijing, he failed to follow traffic regulations, causing the vehicle to run over the soles of Ms. Li's feet while moving forward, and injured Ms. Li who was walking.
After the accident, Ms. Li was rushed to Beijing Jishuitan Hospital for treatment. According to the hospital's diagnosis, the accident caused Ms. Li's lower limb to be an open injury (left foot), a foot sleeve to detach (left), and a phalange fracture (left foot), and the hospital performed amputation surgery on Ms. Li according to the injury, and recommended that she wear a prosthesis.
After on-site investigation and rigorous testing, the traffic team of Haidian District, Beijing Municipality determined that the driver Xu was fully responsible, and Ms. Li was not responsible.
Due to the need for treatment such as "left foot debridement, toe resection, reverse skin grafting, and wound negative pressure device implantation", Ms. Li paid a high amount of medical expenses by herself, and at the same time, the school bus operating company of the driver's department Xu paid 86,000 yuan in advance for Ms. Li's medical expenses.
The misfortune that flew in caused me to feel depressed
During her more than two months in the hospital, Ms. Li's life and work fell into chaos. This catastrophe not only caused Ms. Li to suffer serious physical damage, but also made her extremely depressed and full of worries about her future life and career.
Ms. Li, 40 years old, is a corporate executive of a well-known company in Beijing and a proper strong woman in the workplace, for which the company provides her with generous benefits - paying her a rent subsidy of 5,300 yuan per month in Beijing.
In the past, she was vigorous and resolute at work, and exquisite and elegant in life. But now, she has completely lost her left leg and needs to wear a prosthesis for life, which has brought great inconvenience and distress to her life and work.
Because she was alone in Beijing, facing such a serious accident, and the culprit had always adopted a cold and neglectful attitude towards Ms. Li, she was helpless in the hospital alone, and she was also very confused about the rest of her life, and the future was full of uncertainty.
Resolve the issue of compensation and provide psychological counseling
During Ms. Li's hospitalization, lawyer Yuan Jia helped Ms. Li sort out the situation of the case, instructed her on how to collect comprehensive evidence, patiently explained the handling process and precautions, and cared about her injuries and mood like a family member, so that Ms. Li felt warmth and care when she was lonely and helpless.
In February 2023, after learning about the professionalism and rich experience of Yuanjia lawyers, Ms. Li officially entrusted Beijing Yuanjia Law Firm. The members of the task force planned a solution from the perspective of the parties and actively promoted the litigation procedure.
After investigation, Xu was the driver of the vehicle, the school bus operating company was the owner of the motor vehicle, and an insurance company was the underwriting company of the compulsory traffic insurance and commercial insurance of the motor vehicle.
In March 2023, according to the recovery of her injuries, the appraisal personnel of the Yuanjia task force led Ms. Li to the laboratory for disability evaluation, and Ms. Li's injuries were identified as Grade 8 disability, with a disability rate of 30%.
Lawyer Yuan Jia collates a variety of evidence and calculates the detailed compensation amount, based on the principle of safeguarding the best rights and interests of the parties, especially in the claim for lost time pay, the loss consists of three parts:
First, the basic salary for the missed work period;
second, the loss of the year-end bonus;
The third is the rental subsidy that the unit has stopped issuing because I am not working.
During this period, whether it is early in the morning or late at night, as long as Ms. Li has questions or is depressed in the task force, Lawyer Yuanjia will reply and comfort her in a timely manner, so that Ms. Li feels down-to-earth, just like Ms. Li said, "Lawyer Yuanjia is not only a professional lawyer, but also like a family member who inspires and motivates me, and makes me see hope in this major setback"!
In July 2023, the complaint was filed, and the notice of hearing was received in September. During the trial, the other insurance company expressed its "disapproval" attitude towards most of the evidence submitted by Yuan Jia's lawyer, but Yuan Jia's lawyer had already prepared a strong defense, which was recognized and supported by the judge.
In October 2023, the judgment of the first instance won the case! The compensation claimed by lawyer Yuan Jia was fully supported by the court, and the court supported all the lost work expenses and 20-year prosthetic expenses totaling more than 1.07 million yuan.
Ms. Li was very satisfied with the verdict and recognized the professional ability of lawyer Yuan Jia, and said, "The moment I received the verdict, I burst into tears, and Yuan Jia fought for my rights and interests, and at the same time, I felt the warmth of family and saw the light in the darkest moment of my life"!
This just verdict is undoubtedly a kind of compensation and consolation for Ms. Li's unfortunate plight! Ms. Li personally came to the office to present a letter of thanks and a pennant of thanks, and took a group photo.
Case source: Beijing Yuanjia Law Firm, the above is a real case handled by Yuanjia Law Firm, in order to ensure personal and commercial privacy, the names of all the characters in the article are pseudonyms.