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1. The items of compensation for damages include: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, living allowances for the disabled, expenses for disability appliances, funeral expenses, death compensation, living expenses for dependents, transportation expenses, accommodation expenses and direct property losses.
2. The standard of damages shall be calculated in accordance with the following provisions:
1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.
2) Compensation for lost work: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.
3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.
4) Nursing expenses: During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.
However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years.
6) Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.
7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.
8) Death compensation: Calculated according to the average living expenses of the place where the traffic accident occurred, the compensation is 10 years. for those under the age of 16, the age is reduced by one year for each year younger; For those over the age of 70, the age shall be reduced by one year for each additional year, and the minimum shall not be less than five years.
9) Living expenses of dependents: limited to the deceased before his death or the disabled person lost the ability to work, and has no other livelihood, calculated according to the subsidy standard for residents in the place where the traffic accident occurred. Persons under the age of 16 are raised until they reach the age of 16.
For a person who is unable to work for 20 years, but over the age of 50, the age shall be reduced by one year for each additional year, with a minimum of not less than 10 years; Those over the age of 70 are counted as five years. Support for other dependants for five years.
10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.
11) Accommodation expenses: calculated according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred, and paid with vouchers.
3. Calculate according to the above items and standards, combined with the specific standards of your province and city.
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By standard, if the deceased is a rural hukou, it is about 200,000. If the deceased is an urban hukou, it is about 300,000. For specific situations, you can consult or entrust a local lawyer to give you a detailed calculation.
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1. Death compensation: If the victim under the age of 60 has an urban household registration, the death compensation shall be the per capita disposable income of urban residents in the previous year as contained by the court where the lawsuit is filed, and if the victim under the age of 60 is a rural household registration on a 20-year basis, the death compensation shall be the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and if the victim is 60 years old— Between the age of 75 and weeks: the age is not increased by one year, and the victim is over 75 years old.
3. Other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters: The court shall determine at its discretion based on the actual circumstances.
4. The average monthly wage standard for employees in the previous year at the location of the funeral expense court is calculated on the basis of the total amount for six months.
5. Solatium for mental harm is between 5,000 and 80,000 RMB, to be determined on the basis of the circumstances of the case.
6. Living expenses of dependentsThe living expenses of dependents are calculated according to the degree of the dependent's inability to work, and according to the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. If the dependant is a minor, it shall be counted up to the age of 18;If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year.
Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
Article 27 of the Interpretation on Compensation for Personal Injuries provides that funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months. Article 28 of the Interpretation on Compensation for Personal Injuries: The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed.
If the dependant is a minor, it shall be counted up to the age of 18;If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.
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