Guangzhou Tort & Personal Injury Lawyer

Under Article 188 of the Civil Code, the statute of limitations for claiming protection of civil rights is three years, calculated from the date the right holder knows or should know that the right has been infringed and the obligor. For personal injury compensation claims, the statute of limitations is generally calculated from the date when the injury occurs or the date when the diagnosis is confirmed. For personal injury claims arising from traffic accidents, it is generally calculated from the date of the accident or the date of discharge from hospital and confirmation of the disability assessment level.

Personal injury compensation items generally include: medical expenses, lost income (lost wages), nursing expenses, transportation expenses, hospital food subsidies, nutrition expenses, disability compensation (if disabled), disability assistive device expenses, dependent living expenses, mental distress damages, etc. The specific amount is calculated based on the actual expenses and disability level. Disability compensation is classified according to the disability grade (Grade 1 to 10), with higher grades corresponding to higher compensation amounts. The calculation standard is based on the per capita disposable income of urban residents or per capita net income of rural residents in the previous year.

First, protect the scene and promptly call the police and notify the insurance company. If there are injuries, call an ambulance immediately. Cooperate with the traffic police in handling the scene and obtaining the accident responsibility determination letter. Retain all medical records, diagnosis certificates, expense receipts, and other materials. Do not sign any settlement agreement lightly without knowing the full extent of the injury and the compensation standard. It is advisable to consult a professional lawyer promptly to understand the rights protection procedures and compensation standards.

First, collect evidence of the injury fact and the other partys fault, as well as evidence of your losses (medical records, expense receipts, proof of lost income, etc.). You can negotiate with the other party or apply for mediation through the people mediation committee or relevant departments. If negotiation fails, you can file a lawsuit with the court. If it involves a traffic accident, you can also claim against the insurance company. It is recommended to promptly retain a lawyer to guide evidence collection and litigation strategy.

Yes. Under the Civil Code, where a natural persons personal rights and interests are infringed and serious mental damage is caused, the infringed party has the right to claim compensation for mental distress. The amount of compensation for mental distress is determined based on factors such as the degree of fault of the tortfeasor, the circumstances of the tort, the consequences of the damage, the economic level of the place where the court is located, and the affordability of the tortfeasor. In practice, the amount of compensation for mental distress is usually not very high and requires sufficient evidence to prove serious mental damage.

Evidence for reputation rights disputes mainly includes: 1) Evidence of the defendants defamatory content — such as text, images, audio recordings, etc. published by the defendant; 2) Evidence that the content is directed at the plaintiff — proving that the defamatory content targets the plaintiff; 3) Evidence of the falsity of the content — proving that the content does not conform to the facts; 4) Evidence of damage consequences — such as impact on the plaintiffs work, life, and psychological state; 5) Evidence of dissemination scope — such as the number of views, forwards, etc. The more complete the evidence chain, the higher the chance of winning the case.

Medical malpractice requires meeting several conditions: there is a medical service relationship between the patient and the medical institution; the medical institution or its medical staff has committed acts in violation of medical norms and regulations in the diagnosis and treatment activities; the patient has suffered damage consequences; there is a causal relationship between the medical institutions fault and the patients damage consequences. Whether it constitutes medical malpractice generally requires technical appraisal by a medical association or judicial appraisal institution. The degree of fault and causal force of the medical institution directly affect the liability ratio and amount of compensation.

First, fix the evidence of property damage — take photos and videos of the damaged property from multiple angles, keep the damaged items as evidence, and preserve the purchase vouchers of the property. You can apply for property appraisal to determine the amount of loss. Negotiate with the other party for compensation; if negotiation fails, you can file a lawsuit in court. If it involves intentional damage to property and the value is large, you can also report to the police for investigation, as the other party may bear criminal responsibility.