Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 145 Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether to grant it or not shall be decided by the people's court. If the people's court decides that the withdrawal of the lawsuit is not allowed, and the plaintiff refuses to appear in court after being summoned by summons without justifiable reasons, the judgment may be made by default.
Article 213 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the plaintiff pays the case acceptance fee in advance and the people's court notifies him to pay it in advance, if he still fails to pay it in advance after being notified or fails to apply for reduction, reprieve or exemption, the court shall rule to dismiss the prosecution.