5 2 In the event of a traffic accident, how much compensation can you get if the person is gone

The compensation standard is different in each region.

The judicial interpretation of the Supreme Court determines the compensation standard and the duration of the death compensation based on the objective calculation method, and uses the stereotyped compensation model to determine the compensation standard and compensation period for the death compensation, specifically: a one-time compensation of 20 years, the death compensation is fixed, the victim is over 60 years old, the age is reduced by one year for each additional year, and if the victim is over 75 years old, it is calculated as 5 years. If the age is too young, the compensation will be completed in 20 years, and if the age is older, it will be reduced by one year for each additional year of age.

The death compensation is a "loss of inheritance" theory, not a spiritual solace, and its calculation formula is:

1) For urban residents: death compensation = per capita disposable income of urban residents in the previous year for 20 years [for those over 60 years old (actual age - 60); 5 years for those over 75 years old].

2) For rural residents: death compensation = per capita disposable n of rural residents in the previous year [n: 20 years (inclusive) for those under the age of 60; Over 60 years old: n=(chronological age - 60); 5 years for those over 75 years old].

Death compensation for persons under the age of age = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 20 years.

Death compensation for persons aged between the ages of 1 and 75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year [20 - (actual age - 60)].

Death compensation for persons over the age of age = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 5 years.

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There is no ** traffic expense compensation for traffic accidents, and compensation is generally based on the cost of the actual necessary ordinary tools. Including those who are transferred to the hospital** or go to the hospital for treatment, the transportation expenses of themselves and their accompanying personnel and the transportation expenses related to the personnel participating in the accident handling need to be compensated. The bill shall be consistent with the location, time, number of people, and number of times of medical treatment.

What are the types of property damage in traffic accidents.

1. Compensation for direct property losses:

1) The direct loss of road traffic accidents should also include the cost of on-site rescue and personal aftercare, but do not include the indirect loss of property caused by the suspension of work, production and business;

2) Facilities refer to road safety facilities and other facilities on and near the road, such as electricity, water conservancy facilities, houses, trees and flowers, etc.;

3) The restoration is mainly based on in-situ restoration, and the original state is restored as much as possible, that is, there is no big change in function, form and value;

4) There is no possibility of repairing the vehicles, items, facilities, etc. damaged by the accident, and compensation is required at a discount. When discounting, the value of the original should be calculated, and compensation should be made according to factors such as the new and old market price of the original and the residual value;

5) livestock injured but not lost use value, should be in situ **, due to injury loss of use value or death, by the relevant departments of the assessment and identification, discount compensation;

6) Upon agreement between the parties, compensation may be made in kind of goods of the same type or quality;

7) Calculation of compensation for direct property damage;

2. Indirect losses. Indirect property loss is the expected benefit lost due to a traffic accident, which is not the reduction or damage of the victim's existing property, but the benefit that the party will inevitably obtain if the traffic accident does not occur.

[Legal basis].Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**. Transportation expenses shall be based on official bills, and the relevant vouchers shall be consistent with the location, time, number of people, and number of times of medical treatment.

The compensation provided to the victim by the compensation obligor (the perpetrator and the insurance company) in a traffic accident mainly includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. 1. Medical expensesMedical expenses are determined according to the receipt vouchers for medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has any objection to the necessity of **, it shall bear the corresponding burden of proof.

2. Lost work pay is determined according to the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability, the time of missing work may be calculated up to the day before the date of the fixed disability.

3. Nursing feesNursing expenses are determined according to the income status of nursing staff, the number of nursing staff, and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions on lost work pay, and if the nursing staff has no income or employs such a nursing worker, it shall be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

4. Transportation expenses: Transportation expenses are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.