I. Calculation standard of nutrition cost compensation In addition, the compensation standard of nutrition cost can also be calculated according to the proportion of 40%-60% of the average living standard of local residents. According to Article 25 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, "Disability compensation is calculated according to the degree or level of disability of the victim, according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; If you are over 75 years old, it is five years. " According to the above provisions, it is necessary to determine the compensation level and compensation period when calculating disability compensation. The explanation does not clearly explain how to distinguish the compensation level according to the disability level, but the compensation level of different disability levels should be different. Among them, the per capita income of residents varies from urban residents to rural residents, but it must be determined according to the relevant statistical data of provinces, autonomous regions, municipalities directly under the central government, special economic zones and cities under separate state planning published by the government statistics department in the previous year. The calculation formula is: disability compensation = per capita income of residents in the last year where the court is located × disability coefficient× compensation period Note: the disability coefficient refers to the degree or level of disability of the victim. Two, the amount of compensation for nutrition costs refers to the cost paid by the victim to buy nutrients other than the daily diet for adjuvant treatment or recovery as soon as possible. The amount of compensation for nutrition expenses can be calculated according to the proportion of 40% to 60% of the average living standard of local residents. If the compensation for personal injury caused by loss of working ability needs nutrition, it needs to be determined by referring to the opinions of medical institutions or asked for forensic identification: 1. Nutrition is a necessary expenditure to restore health, which should include the cost of buying supplements and the cost of proper soup during hospitalization. In today's daily life, under the premise that people pay attention to the quality of life and widely pay attention to nutritional supplement, the nutritional products corresponding to the nutritional expenses of the injured are obviously not necessary for daily life. Therefore, the scope and grade of nutritional products that need to be paid should refer to the opinions of medical institutions. 2. Nutrition expenses are based on the disability of the victim: the injury is obviously light, and there is no need for hospitalization. Generally, nutrition expenses are not compensated. Those who are slightly injured or more shall be compensated for nutrition expenses, and the compensation period shall be from the date of injury to the date of basic recovery of the injury. 3. Refer to the appraisal opinions of medical institutions or forensic doctors. Taking the opinions of medical institutions as a reference is a prerequisite stipulated in the Interpretation. The nutritional opinions of medical institutions should be based on the needs of adjuvant therapy. If the medical institution fails to issue nutrition opinions, it can be presumed that it does not need adjuvant treatment, and the nutrition expenses will not be compensated. To sum up, we understand the calculation standard of nutrition cost and how the compensation amount is stipulated. Nutrition fee is a necessary fee to restore health. When the victim is injured, he has the right to ask the responsible party for nutrition expenses, and the responsible party shall not refuse. Giving nutrition fees is also a way to compensate the injured party. The victim has the right to demand and the responsible party has the obligation to pay. People who have lost their ability to work due to serious personal injury need nutrition fees, and medical institutions need to issue corresponding identification certificates. Different nutrition costs need to be compensated according to different specific conditions.