Traffic accident 82 year old 6 year old disability compensation standard

1. According to the relevant provisions of the measures for the handling of road traffic accidents, the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility. The scope of damages includes: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, transportation expenses, accommodation expenses, and direct property losses.

If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall also be death compensation, living expenses of dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum. The criteria for each compensation expense are: 1 Medical expenses:

According to the hospital's necessary expenses for the party's traffic accident trauma, if it is really necessary to continue after the case is closed, it will be paid according to the necessary expenses. 2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work; 3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.

4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred. 5 Disability Compensation:

According to the level of disability, calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of determination of disability, but if the age is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years. 6. The living expenses of the dependents shall be limited to the persons who were actually supported by the deceased before his death or before the disabled person lost the ability to work, and shall be calculated according to the standard of subsidy for the living difficulties of residents in the place where the traffic accident occurred, and shall be raised to the age of 18 for those under the age of 18 and for those who are unable to work for 20 years, but the age of 60 or more shall be reduced by one year for each additional year, and for those over 75 years old, it shall be calculated as five years.

7. Transportation expenses: Calculated vouchers according to the actual necessary expenses of the parties. 8 Accommodation Fee:

The voucher shall be paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred. The transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated in accordance with the above provisions, but shall not exceed three people. Vehicles, items, facilities, etc. damaged due to traffic accidents shall be repaired, and compensation shall be made at a discount if they cannot be repaired.

2. The compensation for the sixth-grade disability you mentioned is 50% for 20 years, that is, the tenth-level disability compensation. Calculated according to the per capita disposable income of the person in the urban or rural area where the traffic accident occurred, the compensation shall be 10 from the date of determination of disability. The standards are different from province to province across the country.

Please give it a try.

Use the Internet to find a lawyer in your area.

The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled". It is embodied in the provisions of Articles 17 and 18 of the Interpretation on Compensation for Personal Injury:

1) The items of compensation for the personal injury suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**.

3) Compensation for the victim's death includes: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4) Solatium for mental harm suffered by the victim or close relatives of the deceased.

Compensation standard for traffic accident disability compensation:

Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

Legal Analysis: The scope of damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses.

If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the case of death, there are also compensation for the death of the dead and the living expenses of the raised people, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 22 Where the parties reach an agreement through negotiation on their own, they may perform compensation for road traffic accident damages in the following ways: (1) the parties shall compensate themselves; (2) Go to the insurance company or the road traffic accident insurance claim service place to handle the compensation for the damage and slag.

Where the parties fail to perform after reaching an agreement through negotiation on their own, they may apply to the people's mediation committee for mediation or initiate a civil lawsuit in the people's court.

Legal analysis: According to the relevant provisions, if an elderly person over the age of 70 is involved in a car accident, the death compensation shall be calculated for 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries" Article 25: Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Summary. Dear Hello, I'm glad to answer for you The 80-year-old man who is disabled in a traffic accident is set at level 9 and can pay 150,000 yuan. The details are as follows:

1. One-time xing disability subsidy. Grade 9 disability is 9 months' salary, with a monthly salary of 2,000 yuan, a total of 18,000 yuan; 2. One-time medical subsidy for work-related injuries. Grade 9 disability is the average monthly wage of employees in the previous year in the overall area for 6 months, assuming that the average salary of employees in a place in 2014 is RMB, then the medical subsidy is a total of RMB; 3. One-time disability employment subsidy.

Grade 9 disability is 10 months of the average monthly salary of employees in the overall area in the previous year, a total of yuan; 4. Suspension of work and salary expenses. During the period of suspension of work with pay, the wages and benefits remain unchanged and are paid by the company on a monthly basis, and 12 months is the maximum period for the work-related injured employee to take a break after suffering a primary injury to different parts of the body, and the specific period of suspension with pay shall be determined within the prescribed period by the medical certificate (or occupational disease diagnosis and occupational disease appraisal certificate) issued by the medical institution according to the work-related injury agreement; 5. Labor ability appraisal fee * yuan (combined with the actual situation); 6. The hospital meal subsidy can be calculated at 30 yuan per day, a total of 900 yuan.

Dear Hello, I'm glad to answer for you The 80-year-old man who is disabled in a traffic accident is set at level 9 and can pay 150,000 yuan. The details are as follows: 1. One-time xing disability subsidy.

Grade 9 disability is 9 months' salary, with a monthly salary of 2,000 yuan, a total of 18,000 yuan; 2. One-time medical subsidy for work-related injuries. Grade 9 disability is the average monthly wage of employees in the previous year in the overall area for 6 months, assuming that the average salary of employees in a place in 2014 is RMB, then the medical subsidy is a total of RMB; 3. One-time disability employment subsidy. Grade 9 disability is 10 months of the average monthly wage of employees in the overall area in the previous year, a total of yuan; 4. Suspension of work and salary expenses.

12 months is the longest period for employees injured to take a break after suffering from injuries to different parts of the body, and the specific period of suspension with pay shall be determined within the specified period by the medical certificate (or occupational disease diagnosis and occupational disease identification certificate) issued by the medical institution according to the work-related injury agreement; 5. Labor ability appraisal fee * yuan (combined with the actual situation); 6. The hospital meal subsidy can be calculated at 30 yuan per day, a total of 900 yuan.

Disability compensation includes disability compensation, nursing expenses, nutrition expenses, lost work expenses, etc. Disability compensation refers to property compensation for the victim who has lost all or part of his or her ability to work due to personal injury and disability. As a result of a personal injury, a disabled victim has partially or completely lost his or her ability to work, and as a result, the victim may have reduced or lost his or her income after suffering a personal injury.

This loss is a direct consequence of personal injury and is a property loss. For such property losses, compensation shall be made by the person obligated to compensate.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 25: Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of residents of the city and town or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is 60 years old or older, the age of the Whisper is increased by one year and decreased by 1 year or more by 15 years old, it is calculated as five years.