Urgent need for information how to compensate for the accidental death of a child in a private kin

This problem first feels very sad, it is a pity, but also for the kindergarten teacher is very blamed, the local ** education department loopholes did not do a good job of preventive measures, this solution, first as soon as possible to call the local TV station **help**, and so on**go out to arouse the attention of the local ** and focus on dealing with the aftermath, there is also to consult the lawyer over there, to see who is mainly responsible, this is the school time, since the parents have paid the tuition, the school must be responsible for the accident during the school time, Because parents and the school already belong to an employment relationship, you pay, children they take care of, since the accident did not occur on the way to pick up, so it must be the kindergarten is fully responsible, belongs to the kindergarten negligence caused by the accident, if the kindergarten is not willing to compensate in place, you can appeal to the local court, or you can in front of the news, say that the kindergarten is not willing to take responsibility, then you can also give up the compensation, you propose to let the kindergarten compensate a healthy child of the same gender to you.

There is a major fault in this problem in the kindergarten, and it must be compensated. The compensation fee is calculated according to the standard of personal injury compensation, and then negotiated, and the negotiation fails to sue for compensation.

First: whether the private kindergarten has insurance, second: distinguish the attribution of responsibility, first.

3. Depending on the regional economic situation and the statutory compensation standard, fourth. Whether the family has insurance and, fifthly, whether it is liable for the negligence of a third party.

Consult a lawyer for this.

The specific compensation standards for the accidental death of employees during work are: funeral subsidies received from work-related injury insurance**, and the standard of funeral subsidies for funeral brothers is 6 months of average monthly wages of employees in the overall area in the previous year; Dependent relatives pension of 40% per month for the spouse and 30% per month for each other relative; One-time work-related death benefit.

Article 14 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: Funeral expenses are 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 are calculated on the basis of a total amount of six months. Article 15 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" Article 15: Death compensation is calculated on a 20-year basis 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 increased by one year and reduced by one year; Those over the age of 75 are counted as five years.

Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area of the previous year.

The kindergarten should be responsible for compensating for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees and other actual expenses. Unless the kindergarten can prove that it has fulfilled its management and educational responsibilities. You can negotiate with the other party, and if you can't do that, you can sue you.

Article 38: Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 7: Where schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, fail to perform relevant obligations within the scope of their duties, causing minors to suffer physical harm, or minors causing physical harm to others, they shall bear responsibility for compensation corresponding to their fault.

Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

It's best to get a lawyer, and if you pay for it, you can pay for mental damages, medical expenses, or whatever

According to Article 38 of the Tort Liability Law, "a person who lacks the capacity for civil conduct in a kindergarten

DU school or other educational institutions to study and live

Where personal injury is suffered during this period, kindergartens, schools or other educational establishments shall be liable, but those who can prove that they have fulfilled their educational or management responsibilities shall not be liable. The provision is to take whether the school has fulfilled its educational and management responsibilities as the criterion for whether it is responsible, and to implement the presumption of fault. In other words, as long as a person with no capacity for civil conduct is injured at school, we presume that the school is at fault and implement a reversal of the burden of proof.

When the school cannot prove that it has fulfilled its educational and management responsibilities, it is presumed that the school is at fault and should be held responsible. In your question, if a child dies in a kindergarten, if the kindergarten can prove that it has fulfilled its educational and management duties, it will not be liable, and if it cannot prove that it has fulfilled its educational and management duties, it will bear the liability for compensation.