Install artificial limbs, file a lawsuit, compensate according to law within the medical scope

The man was injured in a traffic accident, which constituted a fifth-level disability. Since he needed to replace his prosthetic limb, he filed a lawsuit with the People's Court. After accepting the case, the Baishui Court found that the cost of installing the prosthesis was due to a traffic accident, and supported the man's claim in accordance with the law.

On April 9, 2010, the motor vehicle driven by the defendant Zhang collided with the motorcycle driven by the plaintiff Liu, causing injuries to the plaintiff Liu. On March 13, 2011, the Baishui Court ruled in the (2011) Baishui Minchu Zi No. 00052 Civil Judgment that the defendant Zhang should compensate the plaintiff for medical expenses, hospitalization meal subsidies, lost wages, nursing expenses, dependent living expenses, disability compensation, disability equipment expenses, transportation and accommodation expenses, car damage, and spiritual comfort funds, totaling 91,400 yuan. (2011) Baishui Minchuzi No. 00052 Civil Judgment supported the plaintiff’s cost of replacing a prosthetic limb. According to the reference opinion issued by Xi’an Boao Prosthetic Medical Supplies Development Co., Ltd., the prosthetic limb should be replaced every 3-5 years. The price of an ordinary prosthetic limb is 27,900 yuan, and the supporting cost is 8,600 yuan. Now it is time to replace the prosthetic limb. The plaintiff sued and demanded that the defendant pay the cost of the prosthetic limb for the remaining period, and bear 70% of the required cost.

After trial, the court held that after the traffic accident between the defendant Zhang and the plaintiff Liu, the plaintiff became physically disabled. In order to improve the quality of life during his survival, the plaintiff installed prostheses to supplement the functions of the missing parts of the body. This is protected by law. The defendant Zhang should compensate the plaintiff for the cost of the disability equipment according to his liability. Baishui Court (2011) Baishui Minchuzi No. 00052 Civil Judgment supported the plaintiff's one-time cost of prosthetic limbs. Since the prosthetic limbs have a useful life and the time limit has expired, the plaintiff's request for replacement should continue to be supported. According to relevant regulations, the payment time for disability equipment fees shall not exceed 20 years. Since the defendant has compensated the plaintiff for the one-time cost, the plaintiff now needs to replace it three times. After the expiration of three times, if the plaintiff needs to replace it again, he can wait until the actual expenses are incurred before claiming rights. According to Article 16 of the Tort Liability Law of the People's Republic of China and the relevant legal provisions of Article 26 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the defendant Zhang was ordered to compensate the plaintiff Liu for the cost of disability equipment in the amount of 76,650 yuan within thirty days after the judgment came into effect.