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Serious harm to health criteria for determining in an accident

Causing harm to health in an accident

Road accidents, unfortunately, have become an integral feature of cities. They pose a real threat to the life and health of both drivers and pedestrians.

The car is defined as a source of increased danger , so the driver bears responsibility for accidents. Before getting behind the wheel, he should check that all systems are working properly.

After all, for causing harm to health in an accident, the law provides for liability up to criminal liability.

How is severity determined?

Causing harm to health as a result of an accident entails trouble for the injured persons and the driver who was driving the car.

Various situations may arise on the road, and the ability to avoid an accident is not always entirely up to the driver. There are many factors that lead to an accident :

  • intoxication;
  • lack of rights;
  • car malfunction;
  • driver's health condition;
  • violation of traffic rules;
  • inattention and so on.

Every time a driver, while driving, runs the risk of unintentionally causing harm to the health of another person. In any case, he will be to blame for the accident.

However, the severity of the punishment will be minimal if he could not have avoided the accident . First things first.

There are only 3 types of injuries that participants in an accident on the road can receive:

Separately, there are cases where there is death. The severity of injuries caused is determined by a forensic medical examination.

The forensic expert examines the victim, records anatomical and physical injuries, and assesses the mental state.

There are certain criteria that help determine the nature of injuries:

  • the impact of injuries on later life;
  • duration of ill health;
  • impact of damage on work ability;
  • loss of any organ, cessation of functioning of the organs of hearing, vision, speech;
  • inability to continue professional activities.

Each of these criteria creates a certain degree of severity of harm caused to health. The full list is contained in the order of the Ministry of Health of the Russian Federation dated October 24, 2008 No. 194 .

Types of degrees

Determining the severity of the harm helps to punish the culprit and help the victim. The perpetrator may be brought to both administrative and criminal liability.

Causing minor harm to health in an accident is regulated by Art. 12.24 Code of Administrative Offenses of the Russian Federation . According to this article, minor harm means a short-term impairment of health and short-term loss of ability to work.

Signs of minor harm include:

  • minor concussion;
  • loss of ability to work from 1 to 20 days;
  • disruption of the functioning of body systems and organs lasting up to 3 weeks.

Causing harm to health of moderate severity in an accident is regulated by the same article of the Code of Administrative Offences. Signs of this type of damage are:

  • long-term but not dangerous health impairment (more than 21 days);
  • permanent disability of one third;
  • moderate concussion.

The situation is much more serious with the infliction of serious harm or death of one or more persons. Proceedings are initiated and an investigation begins.

If a forensic expert determines that serious injuries were caused due to negligence, then Article 264 of the Criminal Code of the Russian Federation will be applied to the accused .

If intent is proven, the sentence is imposed under Art. 111 of the Criminal Code of the Russian Federation .

Causing serious harm to health in an accident is characterized by the following injuries:

  • persistent loss of ability to work (more than 120 days);
  • penetrating head wound;
  • fracture of the skull, occipital and facial bones;
  • intracranial injury, hemorrhage, brain damage;
  • penetrating wound in the neck area;
  • spine fracture;
  • closed damage to internal organs and blood vessels;
  • rib fractures;
  • penetrating wound of the abdominal cavity;
  • loss of an organ or any organ function (vision, hearing, speech, arms, legs, etc.);
  • facial disfigurement that cannot be corrected;
  • abortion;
  • mental disorder.
  • Types of liability for damage caused to health in an accident

    It is important to note that in this matter there is an opportunity not to apply punishment to the driver . It is necessary to distinguish between concepts such as “driver” and “car owner”.

    For example, if the driver was the wife of the car owner, who was driving the car by proxy, she becomes the culprit of the accident. In this case, it is not she who compensates for the damage, but her husband as the legal owner of the car.

    The owner is completely exempt from liability if the traffic accident was caused by the theft of a car, force majeure of natural or other origin, or the prior intent of the victim.

    For example, a pedestrian was hit through his own fault. If an accident occurs due to a vehicle malfunction, the organization that performed the technical inspection is responsible for this.

    For causing any harm to health in an accident, administrative and criminal liability is provided.

    Minor harm to health is punishable under the Code of Administrative Offenses:

    1. Fine from 2500 to 5000 rubles.
    2. Deprivation of rights from 1 to 1.6 years.

    Average harm involves liability in the form of:

    1. Fine from 10,000 to 25,000 rubles.
    2. Deprivation of rights from 1.6 to 2 years.

    Then criminal liability begins. Severe punishment is provided for causing grievous bodily harm :

    1. Drunk or negligent - imprisonment for up to 4 years, forced labor for up to 3 years without the right to engage in professional activities.
    2. Road accidents resulting in death - imprisonment for up to 9 years without the opportunity to hold certain positions or engage in professional activities for 3 years.
    3. If there was intent, the maximum penalty will be 15 years in prison.

    Compensation to the injured party

    To confirm the harm to health, victims must collect documents, including a certificate of the accident .

    If damage has been caused to property , then documents will be required to prove ownership of it, the amount of damage caused and the costs of eliminating it.

    In case of injury to health , the following factors are considered and provide for compensation:

    • full compensation of lost income, taking into account all types of profit of the victim (including business activities, work under civil and labor contracts, etc.);
    • reimbursement of actual treatment costs and additional costs (care, medications, sanatorium rehabilitation, etc.).

    To receive compensation, victims must provide:

    1. Documents about the amount of lost earnings due to the harm caused. Issued from work or the relevant institution.
    2. Documents that confirm the costs of doctors' services and medications (receipts, checks, documents for payment of medical services, extracts from the medical history).
    3. Conclusions of experts and medical institutions on the degree of disability.
    4. Documents indicating funeral expenses if there was a death.

    In addition, moral damages for causing harm to health must also be compensated. Moral harm is the moral and physical suffering of the victim, aggravating his condition.

    The fact of moral damage is taken into account in parallel. Compensation for it depends on the level of harm caused and the consequences for the victim.

    Moral damage also needs to be proven with the help of witness testimony and doctor’s reports.

    Damage compensation procedure

    The actions of the victim depend on whether the owner of the car has a compulsory motor liability insurance policy or not .

    If insurance is available, the victim can turn to the insurance company or the person responsible for the harm for payments.

    The at-fault driver is obliged to inform the victim about the details of the insurance contract . Next, the latter must provide insurers with documents about the accident, the amount of damage to health and the insurance payment.

    The insurance company must review the application within 30 days and make a decision on payment or refusal. There is a penalty for late payments.

    Payments under compulsory motor liability insurance for personal injury depend on the type of damage. By the way, if the MTPL policy was purchased after October 2014 and until 2019, then the largest payment amount will be no more than 500,000 rubles.

    If the car owner’s liability to third parties is not insured or he himself is unknown, then the victims can contact the Russian Union of Auto Insurers to receive compensation.

    also has the right to go to court with a claim for compensation for harm caused to health.

    How to file a claim for damages

    If the culprit refuses to pay compensation for damage caused to health in an accident, then you can sue. The statement of claim is written in any form .

    The following package of documents must be attached to it::

  • a certificate of an accident drawn up in accordance with all the rules by traffic police officers;
  • an expert’s report, where he assesses the victim’s injuries;
  • checks, receipts that confirm treatment expenses;
  • certificates that determine the amount of income for the time associated with the accident.
  • Accidents happen every day. Therefore, the driver must always be careful on the roads.

    For causing light, medium and severe damage to health, the law provides for liability up to imprisonment.

    In addition, it is necessary to compensate the victim for all his medical expenses, lost income and moral damage. Be careful while driving!

    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.

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    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.

    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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    Our lawyer will advise you FREE OF CHARGE.

    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.

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    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.

    How is the severity of injury in a road accident determined?

    A traffic accident is always an unpleasant situation for any of its participants. In most cases, the accident is accompanied by injuries of varying degrees. To determine the punishment for the guilty person and the possibility of calculating insurance payments, such a concept as assessing the severity of injury to health in an accident is used. It is carried out taking into account all the points outlined in the Order of the Ministry of Health, and is mandatory when applying to a medical institution for examination of injuries received by participants.

    The need to assess the damage received

    As a result of an accident, in some situations the presence of victims determines the need for an ambulance to arrive. Then the degree of injuries received is determined by the doctors of the emergency department of the medical institution where the victim is brought. Similarly, there may be situations when victims independently go to a hospital or clinic.

    All doctors’ opinions subsequently become the basis for a general conclusion, which is taken into account by the court or the insurance company.

    On the territory of the Russian Federation, research can be carried out for a specific purpose:

    • Determine the method of punishment for the guilty person. First of all, we will talk about whether it is possible to bring administrative or criminal liability. If the actions of the motorist and the consequences of the accident are considered by the Criminal Code of the Russian Federation, it is already determined which part of the article can be applied. The severity of the injuries received will significantly determine the punishment that the guilty motorist receives. Even if the driver was not under the influence of alcohol or drugs, causing grievous bodily harm is accompanied by punishment in the form of imprisonment. In some cases, he may be given a conditional discharge;
    • Determine the amount that the injured party can demand or receive as insurance compensation. In this case, the maximum possible amount, subject to application due to the presence of a compulsory motor liability insurance policy, can be 500 thousand rubles. Having determined the degree of damage received, they are converted into percentages, which are calculated based on the established percentage of disability.

    Features of determining the degree of harm received

    The procedure for determining the severity of the harm received is carried out taking into account the following nuances and features:

    • Only government institutions, which, in accordance with their profile of functioning, are classified as organizations conducting forensic medical research, have the right to conduct inspections, examinations and issue relevant conclusions. It is also allowed to apply issued opinions from individual entrepreneurs, provided that they are authorized to create commissions to issue opinions;
    • Despite the presence of a certain license to operate and other permits, not every employee of the institution has the right to record damage and issue an official conclusion. Only doctors on staff who have the appropriate expert qualifications have this opportunity;
    • If there is a need to conduct an examination by court decision, there must be permission received by the injured party and transferred to the medical institution. It can be obtained from the police or prosecutor's office;
    • The composition of the commission convened may differ depending on the nature of the injuries received. These may be doctors of a narrow specialization - a gynecologist, toxicologist, narcologist;
    • Regardless of the number of commission members, they are all endowed with equal rights, but at the same time they also have the same responsibilities. Physicians are responsible for the truthfulness and validity of these statements. If the conclusions contain distorted data, the persons who signed the document may be held accountable;
    • As a result of carrying out the work and making a general decision, the commission issues a conclusion on the relationship between the injury received and the immediate road traffic accident;
    • The presence of certain specialized specialists may be determined not only by the possible nature of the injuries received, but also by the specific condition of the person before the accident. For example, provided that a pregnant woman has been injured, the presence of a gynecologist is necessary in order to document the absence of harm to the health of the fetus or, conversely, to ascertain possible harm, miscarriage, etc.

    Directly under the concept of “causing damage” are changes that have occurred in the human body that have occurred as a result of a certain physical impact. Such changes may include the cessation of the work of internal organs or certain changes in them that could affect their functionality. Damage may also include impaired mobility of the limbs.

    For example, judicial practice knows a sufficient number of cases where an accident caused psychological problems that led to addiction to alcohol or drugs.

    Object of study and legislative norms

    According to regulations, the resulting harm is divided into three degrees of severity:

    heavy, medium, light. In order to be able to determine the severity of the consequences of an accident, the commission that will be convened to identify the consequences is guided by the following documents:

    • Decree of the Government of the Russian Federation No. 522. It is used to directly conduct research regarding the severity of the harm received;
    • Federal Law No. 73, which directly determines the moments of drawing up the conclusion.

    In accordance with regulations, the object of research may be:

    • Living person;
    • Corpse (parts of a corpse);
    • Materials relevant to the case. Such materials help to establish the connection between certain health conditions and the accident or the nature of the injuries received. For example, the direction of the blow received, etc.

    Determining the severity of the injury

    In the process of carrying out such a procedure, it is necessary to consider in detail all available material that is relevant to the accident. All documentary examinations and opinions given by medical workers and ambulance personnel are taken into account. Additionally, the victim’s card from a medical institution may be considered.

    The examination is rarely limited solely to an external examination of the patient and analysis of the attached documentation. Additional examinations are prescribed that require samples. They may prescribe an ultrasound, x-ray, or MRI.

    During the survey, the commission clarifies the following questions:

    • How did the injury affect the victim? It is being determined whether it poses a danger and can cause death;
    • The general consequences of the injuries received by the victim are determined;
    • What will be the duration of disability - temporary, during which the body is able to restore its original functions or stamina. In the second case, we can talk about assigning a disability group, then the loss of ability to work is expressed as a percentage. Based on their values, the group to which the disabled person will be assigned is determined. Moreover, persistent disability can also be temporary, when functions are restored, but after a sufficiently long period of time;
    • The extent of injuries received. Sometimes there are several injuries of different nature. In such situations, the doctor is guided by the most serious injuries, which determine the doctor’s final conclusion.
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    Such factors have a significant impact on the body's regenerative abilities. Certain injuries in people aged 20-30 years can cause loss of ability to work for 1-2 months. Along with this, at the age of 60 years and older, such identical disturbances in the functioning of the body lead to disability.

    Loss of professional ability to work is considered separately. This factor becomes the basis for the possibility of recovering funds from the guilty party as compensation for the damage caused, as a result of which the person lost a certain part of his earnings.

    Gradation of severity of harm received and loss of ability to work

    In general, the criteria according to which the degree of harm caused is determined are as follows:

    • Serious harm. With it, loss of ability to work is determined to be more than 30%. The minimum recovery period for treatment will be 120 days or more;
    • Medium severity. With it, disability is in the range from 10 to 30%. The recovery period does not exceed 21 days;
    • Minor harm means loss of ability to work, which does not exceed the threshold of 10%. At the same time, doctors may not take into account minor abrasions and scratches that the victim received, although their fixation is a mandatory point.

    Serious harm to health

    Considering in more detail the question of in what situations the degree of injuries received is assessed as severe injuries, it is necessary to familiarize yourself with the list of those that may relate to it:

    • Ridge fracture. This may include damage to different departments;
    • Spinal cord injury;
    • Skull fracture;
    • Intracranial injury;
    • Bone fracture;
    • Organ loss;
    • Significant visual impairment or complete blindness;
    • Inability to recognize sounds (total deafness) or the ability to understand speech only at close range;
    • An interrupted pregnancy, provided that it was accompanied by the death of the child;
    • Miscarriage;
    • Mental disorder. It is included provided that it became the cause of the experiences suffered caused by the road traffic accident, including those injuries that the person received as a result of the accident;
    • Disfigured face. The degree of severity is determined by the need for prompt intervention by qualified specialists to eliminate the injuries that the victim received;
    • Excessive blood loss;
    • The emergence of dependence on alcohol or drugs.

    It is worth noting that even in the presence of extremely light injuries, their number may lead to specialists establishing a higher percentage of loss of ability to work.

    Assessing the extent of damage received after an accident helps determine the degree of punishment for the guilty person and what the amount of compensation for damage caused to the victim may be. Provided that the funds for treatment and recovery will not be enough even with full payment under compulsory motor liability insurance, which currently amounts to 500 thousand rubles, the victim should send a claim to the guilty party. Upon receipt of a refusal, all case materials are collected and a statement of claim is sent to the judicial authority.

    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.

    Dear visitor!

    If you have any questions, you can ask a lawyer for free by phone.

    Our lawyer will advise you FREE OF CHARGE.

    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.

    Serious harm to health criteria for determining in an accident Link to main publication
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