Determining the severity of harm to health in an accident

Causing harm to health in a road accident - types and determination of severity

Today, topics about road traffic accidents are very relevant, since car owners are increasingly getting into accidents, which is why they are more actively interested in what the consequences will be, what to do if harm is caused to health in an accident. If you find yourself in this situation, then this article will answer your questions.

How to determine the degree of harm

Depending on which side the impact came from (frontal, rear, side), various types of injuries in road accidents are classified. For example, if the impact is on the steering wheel or the back of the front seat or on elements of the vehicle body, the chest and internal organs will be injured.

Determining the severity of harm to health in an accident is the responsibility of a doctor - a forensic medical expert of a medical institution or an individual entrepreneur who has special knowledge and is licensed to carry out medical activities, including work on forensic medical examination. The Decree of the Government of the Russian Federation dated August 17, 2007 No. 522 approved the Rules for determining the severity of harm caused to human health; there are three types of them: severe, moderate and light. Let's talk about each separately.

Causing grievous bodily harm in an accident

Severe harm to health in a road accident is when, by its nature, it directly creates a threat to life, as well as harm to health, causing the development of a life-threatening condition.

Dangerous harm to health that poses a threat to life:

closed organ damage;

multiple, bilateral fractures;

damage to large blood vessels;

thermal/chemical/electrical burns 3-4 degrees, etc.

Dangerous harm to health that has caused a disorder in the vital functions of the human body, which cannot be compensated by the body on its own and usually ends in death:

coma 3-4 degrees;

heavy blood loss, etc.

Also, the following is equivalent to serious harm to health:

loss of vision, speech, hearing, organ;

permanent facial disfigurement, etc.

These are the criteria for determining serious harm to health in an accident, so be careful while driving, obey the speed limit and do not violate traffic rules. There are cases when children and even adults, trying to save time and cross the road in the wrong place, fall under the wheels of a car, thus exposing the driver, because the owner of the vehicle will have to answer for their mistake and for causing serious harm to health in an accident.

What is the penalty for causing grievous harm?

Punishment for an accident with serious bodily injury under Article 264 of the Criminal Code of the Russian Federation depends not only on the condition of the victim, but also on how the instigator of the accident behaved, mitigating and aggravating circumstances are taken into account. If a pregnant woman was injured, this circumstance will not play into the hands of the culprit, but if he provides various assistance to the victim for his speedy recovery, it will be a plus.

Today, in judicial practice, the article on causing grievous bodily harm in an accident distinguishes between violations of traffic rules:

Punishment for causing harm to health of moderate severity in an accident

The law is more loyal to this kind of damage and liability for average harm to health in an accident (as stated in paragraph 2 of the Note to Article 12.24 of the Code of Administrative Offenses) is determined by the percentage of the victim’s ability to work (from 10 to 30 inclusive) and the duration of the non-life-threatening disorder health (with moderate severity it is more than 21 days).

Punishment for an accident where there are victims with moderate injuries is established in accordance with paragraph 2 of Article 12.24 of the Code of Administrative Offenses. For an accident with such consequences, the culprit will face an administrative fine in the amount of 10,000 to 25,000 thousand rubles or deprivation of the right to drive vehicles for a period of 1.5 to 2 years.

The procedure for dealing with an accident with moderately serious victims includes the arrival of a traffic police inspector, who draws up a diagram of the accident, checks whether the driver is sober, draws up a certificate of damage to the vehicle, takes explanations from participants and witnesses of the accident, and draws up a protocol on the administrative offense.

How to get compensation for personal injury

The procedure for payment for damage to health of moderate severity in an accident depends on whether or not the culprit has a compulsory motor liability insurance policy. To receive compensation through an insurance company, you will have to go through the procedure of collecting a package of documents, which are specified in clause 3.10 of the Regulations on the rules of compulsory motor vehicle liability insurance for vehicle owners, then notify the insurers and submit claims for compensation for damage. In addition, it is possible to demand compensation for lost earnings, but for this, the package of documents will need to be supplemented with the documents specified in clause 4.1, clause 4.2 of the Regulations on the rules of compulsory motor liability insurance for vehicle owners. Also, treatment expenses are subject to reimbursement (clauses 4.6, 4.7, 4.7.1 - 4.7.6 of the Regulations on the rules of compulsory motor vehicle liability insurance for vehicle owners).

It is worth knowing that the insurance company reimburses no more than 160 thousand rubles under MTPL contracts concluded from 10/01/2014, and 500 thousand rubles under MTPL contracts concluded from 04/01/2015, therefore, if the amount of compensation is insufficient, the difference between the actual amount of damage and the amount of insurance payment will be reimbursed the person who caused the harm (Article 1072 of the Civil Code of the Russian Federation).

If for some reason the culprit does not have a compulsory motor liability insurance policy, then he independently compensates the damage to the victim in full (Clause 1 of Article 1064 of the Civil Code of the Russian Federation), but for this the latter will have to file a claim in court.

It also happens when the culprit of an accident is unknown (for example, he fled the scene of the accident and was subsequently not found). In this case, the damage is compensated by the Russian Union of Auto Insurers (RUA). To receive such payment, the victim must submit a statement and evidence of harm to health to the RSA.

Road accident with minor injuries

Liability for minor harm to health (as stated in paragraph 1 of the Note to Article 12.24 of the Code of Administrative Offenses) is determined by the percentage of the victim’s ability to work (less than 10) and the duration of the health disorder (for mild severity, up to 21 days inclusive).

It is important to know that injuries such as an abrasion, soft tissue bruise, bruise, or superficial wound are not regarded as injuries that cause harm to health.

Punishment for minor damage to health in an accident is established in accordance with paragraph 1 of Article 12.24 of the Code of Administrative Offences. For an accident with such consequences, the culprit will face an administrative fine in the amount of 2,500 to 5,000 rubles or deprivation of the right to drive vehicles for a period of 1 to 1.5 years

Just as with compensation for harm for moderate severity, the amount of compensation for causing minor harm to health in an accident is obtained after the procedural steps specified by law are observed: collection of documents, evidence of harm caused, presentation of claims to the insurance company of the perpetrator or if he does not have a policy OSAGO in court.

You can always avoid tedious and lengthy proceedings and conclude an agreement with the victims on compensation for harm, that is, resolve the issue peacefully. In this case, the parties decide on the amount of compensation and the timing of its payment. When the victim has received the money, he gives the culprit a receipt stating that the damage has been compensated in full and he has no claims against the driver.

How is the severity of injury to health determined in an accident?

Road accidents in which people (passengers, drivers, pedestrians) suffer health damage are considered the most complex, as they are fraught with more serious consequences. Determining the harm caused is an important procedure. Based on its results, a punishment is imposed on the perpetrator of the incident and on their basis an additional amount of compensation may be demanded.

The greater the damage to health, the heavier the penalty (including imprisonment). Who and how determines the severity of harm caused to health?

Authorized persons

Damage sustained during the accident is determined by a forensic medical examination. It is carried out exclusively in specialized government agencies. The initiator of such a study may be the prosecutor's office, the investigative committee or the court.

Only a forensic expert working in the relevant government agency can assess damage to health in an accident.

In some cases, a special commission must assess the consequences of a traffic accident. It is formed on the basis of an order from an investigator or judge. Its members include forensic experts and doctors of specific specializations. For example, if an accident caused damage to a pregnant woman who subsequently suffered a miscarriage, a gynecologist must be invited to participate in the examination.

If, as a result of a road incident, the victim begins:

suffer from psychological disorders, then a psychotherapist is included in the commission;
use toxic substances - toxicologist;
use drugs - narcologist.

These doctors are required to confirm or deny the relationship between two events (collision and miscarriage, accident and drug use, etc.).

Degrees of harm

The concept of “harm to health” refers to a violation of the integrity of organs, changes in the functioning of limbs, deviations in the emotional plane, and the emergence of various types of addictions.

In total, there are 3 degrees of harm:

Slight harm to health . When a victim receives a minor injury, the culprit usually loses his license for 1–1.5 years or pays a fine of 2,500–5,000 rubles.
Average harm to health . Punishable by withdrawal of rights for 1.5–2 years or payment of a fine of 10,000–25,000 rubles.
Serious harm to health. This type of damage is punishable by criminal liability. Based on the characteristics of the incident, mitigating and aggravating factors, the guilty person is sentenced to three to nine years in prison and also loses his driver’s license for 3 years.

How is severity determined?

The standards for determining the severity of harm to the health of a victim in an accident are contained in the relevant Rules No. 522, approved. Government of the Russian Federation dated August 17, 2007.

The procedure for determining the extent of damage occurs in the following sequence:

Study of medical documents: hospital records, reports of emergency doctors providing assistance immediately after the incident, traffic police reports, photos from the scene of the event.
Studying a patient's medical record from a clinic. This allows you to understand which problems existed before the accident, and which were provoked by the road incident.
Examination and diagnosis of a victim in an accident.
Prescription of additional diagnostic procedures (if necessary). For example, in case of numerous internal injuries - ultrasound.
Drawing up an expert opinion.

In the conclusion drawn up by the expert, the specialist answers the questions:

How compatible are the injuries with life? Can they affect the worsening of the patient’s condition in the future or not?
What kind of consequences does a traffic accident have on the health of the victim?
How likely is permanent disability?
How long will the disability last?
What degree of harm did the victim receive?

In certain situations, the examination is carried out purely on the basis of medical documents. The conclusion is signed by all forensic experts who conducted it.

Medical criteria

The severity of injuries in an accident is determined by paragraph 4 of the above Rules and Medical Criteria No. 194n dated April 24, 2008.

Bruises, scratches, superficial wounds, minor contusions, as a result of which the victim does not lose his ability to work, are not considered injuries that cause harm to the condition.

Typical signs of minor injuries:

Minor loss of ability to work - up to 10%.
Short-term health disorder - for a period of up to 3 weeks.

Characteristic signs of moderate injuries:

Loss of general ability to work - 10–30%.
Temporary disability - for a period of more than 3 weeks.

Criteria for classifying injuries as serious:

Life-threatening injuries to the victim: injuries to the head, neck, intracranial injuries, spinal fractures, injuries to internal organs, rupture of large blood vessels, severe burns, etc.
Violation of the most important functions that do not recover on their own and usually lead to the death of the victim: shock and severe coma, severe blood loss, cardiac, renal, respiratory failure, gangrene of the leg or arm, poisoning with biological or chemical substances, suffocation, etc.
Loss of vision.
Hearing loss.
Loss of speech.
Loss of organ and limb functions.
Psychological illness.
Drug or substance abuse.
Miscarriage in a pregnant woman.
Facial disfigurement.
Significant loss of ability to work (more than 30%). This most often occurs with fractures of the humerus, elbow, acetabulum, hip, knee, tibia, as well as open dislocation of the shoulder, etc.
Complete loss of professional fitness. Loss of innate or acquired abilities aimed at obtaining a social product.

In cases of severe injury, significant permanent loss of performance is observed. The recovery period is from 4 months. According to the table, its indicator is estimated to be more than 30%.

The degree of injury is determined based on only one criterion. If there are several of them, then the degree is determined by the largest of them. In case of repeated damage, it is determined for each stage (for example, during an accident and the provision of medical care). Preventing the death of the victim due to high-quality medical care is not taken into account when establishing the degree of injury.

Duration of health disorder

The term long-term health disorder refers to a period of incapacity for a person to work. There are two varieties:

Temporary . Implies loss of ability to work for a certain, limited period of time. It has a positive labor and clinical prognosis for the immediate period after injury. Temporary disorder is determined by a forensic expert based on reviewed medical documents.
Persistent , when the treatment does not have the desired result, and the consequences of the accident interfere with the normal performance of job duties and are long-term. The victim becomes disabled. Disability may be temporary or permanent.

Only road damage is taken into account, and injuries that existed before the collision are not taken into account when determining the severity of injury to health.

In determining the duration of the disorder, factors other than physical injury are taken into account:

age of the victim;
usual way of life;
health status;
level of immunity.

This is necessary because not every person is on sick leave for the required period. Some voluntarily return to work before the expiration date of their sick leave. If over time the victim’s condition worsens or any complications arise, experts indicate the reasons for these changes.

In certain situations, the cause of adverse effects on the patient's condition is medical care. help not provided properly. Then the severity of the patient’s condition caused by the medical personnel is determined separately.

Thus, the reliability of determining the degree of injury is within the competence of forensic experts. It is the conclusions they determine that are taken as the basis when considering a case in court or by investigative authorities. Victims should carefully study this document to ensure that the facts contained therein are complete.

How is the severity of injuries sustained in a road accident assessed?

Even the most attentive and experienced drivers can get into an accident. Even if the accident was the fault of someone else, the consequences can be unpredictable. Some people get away with a slight scare or a couple of abrasions, but sometimes things turn out more seriously. You have to find out what the determination of the severity of injury to health in an accident is, in what order and what kind of research will be carried out, and study the list of necessary documents. The culprit will face serious punishment.

What is the purpose of setting the severity level?

If there are victims in a serious accident, an ambulance arrives, and all this is reflected in the accident certificate. The first side is reserved for recording information about the place and time of the incident, as well as about the participants, their vehicles, identification of insurance policies, etc. The second side contains information about the number of injured and dead, whether an ambulance was called, and if so, what brigade was leaving? This material is the first step towards determining in the future the damage received and its severity in an accident.

In Russia, research can be carried out for the purpose of:

determining the method of punishment for the guilty person;
receiving compensation from the insurance company.

A certificate of an accident must contain information about the victims or dead (on the reverse side).

If possible, it is worth checking what is written in the issued certificate about the incident as soon as possible. Incorrect, inaccurate information will complicate the work of the expert commission and the receipt of insurance payment.

It becomes possible to establish the severity of the harm caused to health using a forensic medical examination.

The implementation procedure strictly prescribed by law requires the fulfillment of mandatory criteria:

Exclusively government institutions carrying out forensic medical research and individual entrepreneurs licensed to perform this functionality are authorized to convene a commission and issue an opinion.
Only staff members of these institutions with appropriate expert qualifications have the right to conduct research.
A written ruling by a court is a necessary basis for initiating research. Permission can be obtained from the prosecutor's office or the police.
The working group certainly includes a forensic expert and doctors with a narrow specialization corresponding to the case under investigation.
All members of the commission are equally responsible for their decisions, are endowed with equal rights and have certain responsibilities.

Based on the results of the work, the commission will issue a conclusion indicating the connection between the cause and effect of the injuries/other harm received and the accident. Most often, in the presence of highly specialized doctors such as a gynecologist, narcologist or toxicologist, the severity of damage to health in an accident is determined. A gynecologist or a specialist in this field is present when a pregnant woman loses her child due to an accident. A psychiatrist is called in when the victim shows signs of a mental disorder.

If a person begins to use drugs or develops substance abuse after an accident, the commission will include a narcologist or toxicologist.

Established degree of harm

The damage caused, which characterizes the severity of injury in an accident, will be calculated using a special table. Damage to health is considered to be the changes that occur and the cessation of functioning of organs, tissues, and the body as a whole. This also includes impaired mobility of the limbs. Psychological problems or drug addictions and substance abuse that arose as a result of the incident are also equal to the harm caused.

According to Law No. 194n dated August 24, 2008, adopted by the Ministry of Health and Social Development of the Russian Federation, the resulting harm is divided into three degrees:

With the help of this division, the punishment for the person responsible for the accident is established.

The punishment awarded depends on the conditions of the particular case, but there are the following ways to influence the offender:

Causing minor harm to health is punishable by administrative liability. A fine of 2500 – 5000 rubles may be awarded. or up to 1 – 1.5 years, confiscation of a driver’s license.
When the expert opinion determines the average severity, the sanctions become stricter (penalty of 10,000 - 25,000, removal from the steering wheel for 1.5 - 2 years). The actions of the culprit still fall under the category of administrative offenses.
Serious infliction entails criminal liability; the violator can be imprisoned for three to nine years and the driver’s license confiscated for 3 years.

Those guilty of causing grievous harm have something to fear - their act will be regarded as criminally punishable.

Forensic experts decide how damage to health in a road accident is assessed. Often the judge's decision is based on the conclusions made by forensic experts.

Procedure for identifying damage received

To calculate the formula for calculating the severity of consequences in an accident, the convened commission is guided by the specified regulatory documents:

Decree of the Government of the Russian Federation No. 522 of August 17, 2007 - during the study.
Law No. 73-FZ of May 31, 2002 - for drawing up a conclusion.

The object of the study is:

living person;
corpse or its preserved parts;
all the material on the case that can be obtained.

During the procedure, all material related to the study is studied in detail:

administrative confirmation - certificate, resolution, photographs from the scene of the accident, if available;
medical documents - a report from the ambulance team that went to the scene, a patient’s card from the hospital.

Forensic experts can send a request to the clinic to issue a medical card to clarify whether the person being examined had injuries or serious illnesses before the accident.

Sometimes a forensic expert, with only medical information, is able to determine both the damage caused to health in an accident and the degree of severity. Some cases allow this possibility.

After receiving all the materials, the victim is interviewed and examined. All necessary additional examinations are carried out, for example, ultrasound. Measures are taken to accurately determine the condition of a person after a traffic accident.

Having received all the necessary information, the commission carefully analyzes it and issues its decision in writing. The document must indicate the severity of the harm caused, and at the bottom is the signature of the forensic expert who is part of the commission.

To obtain any additional information or documents, the forensic expert draws up a petition. Then the meeting of the commission will resume after receiving them.

What determines the degree awarded?

The person responsible for forensic analysis faces a number of questions. The answer to them will help him identify the severity.

The commission is obliged to find out:

how do the injuries inflicted during the accident affect the life of the victim - do they pose a danger, can they provoke death;
consequences of injuries received;
duration of disability – temporary (how long will it last) or permanent (what is its percentage);
resulting harm to health and life.

Persistent disability is understood as both an absolute loss of ability to work and a temporary one that tends to persist and recurs periodically.

Professional disability manifests itself in the inability to engage in a certain type of activity.

The degree of severity is assigned according to the table attached to the order of the Ministry of Health and Social Development of the Russian Federation No. 194n dated April 24, 2008.

Guided by the following:

qualifying characteristics;
medical criteria.

From this source, the percentage value of permanent loss of general ability to work is calculated in the event of significant damage, poisoning and other environmental influences. The score will always be a multiple of five for ease of calculation.

Rules for determining the severity of harm to health in an accident

A traffic accident is not always associated only with causing material damage to cars and buildings. Unfortunately, people also suffer, receiving various types of injuries on the roads, including those incompatible with life. Depending on the severity of the harm, the driver’s guilt is classified as criminally or administratively punishable.

Why is it necessary to determine the severity of harm?

Violation of traffic rules that causes harm to the health of passengers, another driver or pedestrian entails the following liability:

criminal under Art. 264 of the Criminal Code of the Russian Federation - when causing serious harm to health or injuries resulting in death;
administrative under Article 12.24 of the Code of Administrative Offenses of the Russian Federation - when causing minor or moderate injuries.

As you can see, in an accident, the severity of harm plays a classifying role, because the driver’s fault on the road is always unintentional. An intentional collision is already regarded as another crime not related to traffic violations, for example, attempted murder.

Rules for determining the severity of harm in an accident

The degree of damage to health in an accident must always be established in the proper manner - through a forensic medical examination. It is on the basis of the conclusion of the Inspectorate Bureau of the infliction of grievous bodily harm that criminal charges against the guilty driver are based.

The determination rules are established by Decree of the Government of the Russian Federation No. 522. They describe the signs that influence the determination of severity.

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Regarding serious harm this is:

danger of harm to life;
loss of an organ or its functionality;
pregnancy failure (obstetricians-gynecologists are involved in emergency medical examination);
mental disorders (a psychiatrist is needed for examination);
the victim's disease with drug addiction (narcologists or toxicologists are involved in emergency medical examination);
disfigurement of the facial part that cannot be restored;
permanent loss of the ability to work at least 1/3;
complete loss of professional skills and the ability to work.

The signs characterizing the average degree of harm are the following:

long-term physical or mental health disorder;
permanent loss of the ability to work less than 1/3.

Regarding mild severity, the following is established:

minor deterioration in health over time;
slight permanent loss of ability to work.

The object of the forensic examination is a living person or a corpse. Also, case materials or documents from medical institutions can be used for research.

Experts are required to identify injuries and illnesses that preceded the collision and separately establish injuries that have a causal relationship with the accident.

To establish the severity, one of the above signs is enough. If there are several of them, then the harm is classified according to the criterion that determines the more severe degree. When there are many injuries, and they jointly influence the severity of each other, then their totality is taken into account during qualification.

If a person’s face is injured, then the examination can only establish the indelibility of such damage, that is, the impossibility of restoring the previous appearance without surgery or any other intervention. The very fact of facial disfigurement is established during court hearings.

Medical criteria for determining the degree of harm

Such criteria are established by Order of the Ministry of Health and Social Development of the Russian Federation No. 194n. In contrast to the definition rules, they list the specific condition of victims and injuries that pose a threat to life, examples of anatomical disorders due to the influence of various factors - in road accidents, most often physical and chemical.

Serious harm

In case of severe bodily injury, the following is established:

penetrating head wounds;
fracture of the vault and other bones of the skull;
injuries inside the skull (bruise, crushing, hemorrhage);
penetrating wounds of the neck, esophagus, larynx, fractures, ruptures and dislocations of the vertebrae;
bruises resulting in spinal cord dysfunction;
wounds of the sternum penetrating the pleura;
damage to the insides of the chest cavity without penetration (severations, ruptures);
multilateral fractures of the ribs, violating the integrity of the sternum frame, unilateral - forming mobile areas;
fractures, dislocations of the thoracic vertebrae, ruptures of their discs;
damage to the insides of the abdominal cavity, wounds in the pelvic area, back, penetrating into the cavity;
wounds of the genital organs penetrating into the pelvic cavity;
various fractures in the pelvic area;
damage to the spinal cord, large veins and arteries;
damage to reflexogenic zones;
various burns and frostbite (3-4 degrees - more than 10%, 3 degrees - more than 15%, 2 degrees - more than 20%);
conditions that pose a threat to life (shock 3-4 degrees, coma 2-3 degrees, large loss of blood, acute failure of the heart or respiratory organs, sepsis, embolism, acute poisoning, asphyxia);
loss of vision - two eyes completely or their acuity at the level of 0.04 or less (loss of function of one eye or its removal is classified on the basis of loss of ability to work);
complete impairment of speech and hearing function (hearability no more than 3-5 cm from the ear, loss of function of one ear is considered in accordance with loss of performance);
dysfunction of an organ or part of the body - arms, legs, hands, feet;
loss of sexual function in men and women (the possibility of copulation, conception, childbirth);
loss of one of the testicles, loss or death of the fetus;
mental disorder caused by harm to health.

Moderate severity

Moderate severity of harm includes:

unstable dysfunction of organs or body systems, lasting for more than 3 weeks;
loss of ability to work, expressed as a percentage from 10 to 30.

The loss is determined according to special rules adopted by the Government of the Russian Federation on October 16, 2000 No. 789.

Minor harm to health

Minor injuries are understood as unstable dysfunction of human organs or systems for a period of no more than 21 days, loss of ability to work up to 10 percent. This also includes superficial injuries: bruises, hematomas, bruises, abrasions, scratches.

Rules for determining the severity of harm to health

It will be useful for drivers to know what criteria exist for determining the degree of harm to health in an accident, and the regulations establishing this procedure. The damage to health and the amount of moral and material damage to the victim that will have to be paid depend on the specific degree.

What laws establish the order

Medical criteria for identifying the severity of health are established by Order No. 194n of April 24, 2008 of the Ministry of Health and Social Development of Russia. An attack on human health is considered to be a violation of physiology and integrity when causing damage. The amount of damage to health is calculated according to the severity of the harm. This indicator is determined by experts during the examination.

There are 3 degrees of severity:

They are established only during a forensic examination, regardless of the fact that the degree can be determined visually. This condition is established in the Criminal Procedure Code, Art. 196.

A forensic medical examination must be carried out without fail in the following cases:

Determination of the cause of death.
Determination of the nature and degree of harm to health.
Checking the physical and mental state if there is doubt about the person’s sanity.
When checking adult citizens for pedophilia who are suspected of sexual activity towards a minor.
Determining drug addiction in a suspect.
The state of the victim when there is doubt about the ability to testify.
When determining a person’s age if there are no documents.

To find out the degree of harm, the expert gives the answers:

Do the injuries threaten a person’s life, or can it cause death?
What could be the consequences of injuries?
Time period for loss of ability to work.
What is the percentage of loss?
Severity.

The degree of severity of health is explained in detail in special Rules issued in Decree of the Government of Russia No. 522 of August 17, 2007.

Medical criteria

They contain a list of injuries and conditions that are life-threatening. This is an aptly named disease, identified by characteristics. After examination and diagnosis, the expert calculates the nosological unit. It allows you to compare and identify the severity of harm to health.

The forensic expert uses the following rules:

To identify the severity of harm, one sign is enough. If there are several signs, then the most severe one is taken into account.
The time of damage is also taken into account. If this happened in different periods, then the assessment is made separately. When aggravated, different damages are taken into account together.

If doctors prevented the death of a person through their intervention, then the degree of severity is established without taking this fact into account. Next, we will analyze the types of damage to the human body according to severity.

Serious harm

If one of the following factors is present, then the damage is classified as serious:

The victim is unable to work.
Severe consequences.
A danger has been created for human life.
Threat to life.

In turn, life-threatening consequences are divided into groups:

Head contusion, severe wounds, spinal injuries, fractures, organ rupture.
The life of the victim is in danger, his body cannot cope without the help of doctors: shock, kidney and liver failure, large loss of blood, sepsis, purulent wounds.

Injuries that are not life-threatening, but contribute to serious consequences:

Loss of performance by 30% or more.
Irreversible skin damage.
Abortion.
Substance abuse, drug addiction.
Mental disorders occurred as a result of the injuries.
Loss or dysfunction of organs.
Loss of speech, vision or hearing.

The following factors include dangerous harm:

mental disorder;
hearing, speech, vision or organ loss;
blood loss;
coma, shock, burns;
damage to large blood vessels;
bone fractures;
organ damage;
cranial trauma.

How is average harm determined?

If a person has moderate injuries, then the consequences are not fatal, and there is also no danger of severe conditions:

Damage to health for a long time (more than 21 days).
Efficiency is lost by 10 to 30%. It is determined according to the table that can be found in the “Medical Criteria”. For example, loss of visual acuity.
Disruption of systems and organs is temporary.

Definition of mild

In this case, there are two types of factors:

Efficiency is lost by no more than 10%.
The health impairment lasted up to 21 days.

Blood leaks, skin wounds and abrasions that do not cause loss of ability to work are not considered harmful to health. Both a corpse and a living person, as well as documents: medical reports and other materials, can be sent for examination.

Only original medical reports indicating complete data on the type of injuries and other information necessary for conducting a forensic examination are accepted for registration.

Now it’s time to find out how the degree of harm to health in road accidents is determined.

How will a driver be punished for causing harm in an accident?

The severity of the harm will be determined by a forensic expert. When deciding on the type of punishment, the condition of the victim, aggravating and mitigating circumstances, and the behavior of the person responsible for the accident are taken into account. If he helps the victim and tries to make amends, this will soften his consideration.

For grievous bodily harm, the culprit driver may be punished by:

A person died due to negligence. The most severe penalty is 5 years in prison. But they may be prohibited from engaging in certain activities for 3 years, or sentenced to up to 4 years of forced labor.
A person died due to the actions of the culprit, who was drunk. This is deprivation of engaging in certain activities, positions for 3 years, or from 2 to 7 years of imprisonment.
If, as a result of the actions of a drunken culprit, more than 2 people died due to negligence, then he faces deprivation of the right to work in a certain place or hold a position for 3 years, as well as from 4 to 9 years of imprisonment.
More than 1 person died due to negligence. In this case, the following types of punishment are threatened: 7 years of imprisonment, deprivation of a position or the right to a certain job for 3 years.

The legislation defines more lenient types of punishment for the perpetrators whose actions caused moderate harm to health . In this case, the share of disability plays a role. He may be punished with a fine of 10 to 25 thousand rubles , or may be deprived of his driving license for a period of 1.5 to 2 years .

An employee of the State Traffic Inspectorate draws up a diagram of the accident, finds out the state of the culprit (drunk or sober), draws up a document about the damage to the cars, conducts interviews with participants and witnesses. Then all information is entered into the protocol.

For minor damage to health, the punishment is even less. This could be a fine from 2.5 to 5 thousand rubles, or deprivation of rights from 1 to 1.5 years .

How to compensate for damage

Compensation is paid for average severity of health, taking into account whether the culprit has an insurance contract. The victim is obliged to present all documents to the insurance company. In addition, you can make a demand for payment of funds spent on treatment or lost wages. The procedure for compensation is specified in the insurance law, and the amount of payments depends on many parameters.

The maximum payment amounts can be assigned:

Up to 500 thousand rubles – for harm to the health of the victim, if the contract was signed on April 1, 2015.
Up to 160 thousand rubles - for similar damage, but the contract was drawn up before April 1, 2015.
No more than 400 thousand rubles - damage was caused to the property of the victim (the agreement was drawn up after October 1, 2014).
No more than 160 thousand rubles - damage to several persons (the agreement was signed before October 1, 2014).
Up to 120 thousand rubles – damage caused to the property of 1 person (contract until October 1, 2014).

Sometimes it happens that after an accident it turns out that the culprit does not have an insurance policy. In this case, he must compensate for the damage from his own money. However, such payments rarely occur on a voluntary basis. Victims are most often forced to solve this problem by turning to the judicial authorities.