A Study On Identification Of Follow-Up Treatment And Rehabilitation Expenses In Personal Injury Cases

At present,there are no clear laws and regulations to compensate for the subsequent treatment fees and rehabilitation costs in case of personal injury compensation.In the judicial practice,the follow-up treatment fee and rehabilitation fee are divided into the following:the judicial appraisal conclusion,the actual occurrence,and the medical advice of the medical institutions.However,there are various problems in these three methods.In practice,follow-up treatment fees and rehabilitation fees can be divided into predictable type and unpredictable type.For the predictable type,it can be judged directly according to the conclusion of judicial expertise.For the unexpected type of follow-up treatment fee and rehabilitation fee,it is more reasonable to adopt the method of periodic compensation.Its advantage is that the rights and obligations of both parties can be confirmed in advance,and the victim can be guaranteed timely follow-up treatment and rehabilitation,but not.It is better to settle the disputes between the two sides by waiting until the actual occurrence of compensation,for the obligor can also reduce the economic burden,do not have to pay a huge one-time compensation costs.Of course,because the amount of follow-up treatment fees and rehabilitation fees is uncertain,even through judicial expertise,it is still not guaranteed that the amount of judicial expertise evaluation is consistent with the actual amount,so the adjudication results of follow-up treatment fees and rehabilitation fees can be applied to the action of change,that is,the follow-up treatment in the effective judgment.The amount of compensation for periodic payments for fees and rehabilitation is raised or reduced.In addition,in order to ensure timely payment of fixed-term compensation,supervision procedures can be established,because follow-up treatment fees and rehabilitation fees are actually based on clear basic facts and clear responsibilities of the case,there is no need to restart the proceedings for this purpose,supervision procedures are non-litigation procedures,simple and fast,more conducive to the settlement of disputes..Finally,while retaining the advantages of strong maneuverability and prompt compensation,China should establish a unified standard and procedure for judicial expertise on follow-up treatment fees and rehabilitation fees to ensure the necessity and rationality of judicial expertise,and formulate a unified standard for judicial expertise on follow-up treatment and rehabilitation treatment.And guidelines to ensure objectivity and accuracy of forensic conclusions.