Traditional Culture Encyclopedia - Hotel reservation - What should I do if someone hits me?

What should I do if someone hits me?

What should I do when there are always accidents in my life and I am maliciously beaten? This is an unexpected problem. Here is a brief introduction to the handling experience from a legal perspective:

1, self-defense, escape

When you are injured, of course, the most important thing is to protect yourself, try to defend yourself and escape to avoid further injuries;

Step 2 call the police

When the injury stops and you see someone else being beaten, call 1 10 as soon as possible, and the case will be handled.

Step 3 see a doctor

If the injury is minor, you should go to the hospital immediately.

If the injury is serious, you should call 120 immediately.

Pay attention to keep relevant expenditure bills in case of claim.

4. Punish the injured

For those who beat people for no reason or intentionally hurt people, they should ask the public security for an alarm receipt at the alarm bank, and urge the public security to deal with and detain the hitter in time. If it is serious, the public security should be asked to file a case for investigation and turn it into a criminal case.

5. Requirements

After the injury is cured, the injured person should be compensated according to personal injury, including medical expenses, lost time, disability compensation, mental damage compensation, etc.

You can consult first. If negotiation fails, a civil lawsuit can be filed.

Extended data:

Forensic identification is a minor injury harmful to health. The other party does not need to bear criminal responsibility, but must bear the civil responsibility of your friend. See below for details:

1. The medical expenses shall be determined according to the receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.

2. The lost time fee is determined according to the lost time fee and income of the victim.

The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.

If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.

3. The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.

If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.

The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.

After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.

4. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.

5. Hospitalization food allowance can be determined by referring to the standard of food allowance for general staff of local state organs.

It is really necessary for the victim to go to other places for treatment, but he cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.

6, nutrition fee according to the disability of the victim with reference to the opinions of medical institutions.