How much compensation can parents receive for accidental death if they are 94 years old?

The parents who died unexpectedly are both 94 years old, and if there are still children below, then the compensation will be more than 1 million.

Principle of distribution of death benefits1The distribution subject is the person entitled to compensation for the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e.

The first-order heirs, i.e., spouses, parents, and children, will only begin to be established if the first-order heirs do not exist at all.

Inheritance by heirs in the second order, i.e. siblings, grandparents, maternal grandparents. Before dividing the compensation, the funeral expenses actually paid should be deducted, and the interests of the dependents should be given priority, and the distribution of the remaining part should be appropriately divided according to factors such as the proximity of the deceased, the closeness of the life with the deceased, and the living **, rather than equal distribution. You can start by deducting the death benefit from the funeral expenses actually paid.

The remaining part is distributed according to factors such as relationship with the deceased, life**, etc.

In the case of employees of enterprises, the funeral expenses are about 60,000 yuan, and the establishment of enterprises is about 30,000 yuan.

Hello: Well, what do your parents do, if they are workers or cadres who are guaranteed to receive a lot of compensation, if they are rural farmers, it may be a little less! You'd better go to the Civil Evidence Bureau and ask! Give your parents a satisfactory answer.

This depends on what circumstances caused the accidental death, and if the parents have a job, they will definitely be compensated according to the pension and other aspects. It depends on the situation!

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 to Rented Rough Objects》 Article 29: Death compensation is calculated over a period of 20 years 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 60 years old or older, the age is reduced by one year for each additional year and is over 15 years old, it is calculated as five years.

Summary. According to the General Principles of the Civil Law, after the death of a child, parents can claim a lump sum pension, inherit the child's estate and inherit their unchanged legitimate rights and interests. The exact amount depends on the child's family financial situation, location, etc.

If it is an ordinary family, you can recover a one-time pension of 200,000 yuan and 300,000 yuan; If the child has a significant special achievement, the parent can apply for a higher pension based on the specific achievement he or she has obtained.

According to the General Principles of the Civil Law, after the death of a child, parents can claim a lump sum pension, inherit the child's estate and inherit their unchanged legitimate rights and interests. The amount of the rebate depends on the child's family financial situation, location, etc. If it is an ordinary family, you can recover a one-time pension of 200,000 yuan and 300,000 yuan; If the child has a significant achievement, the parent can apply for a higher pension based on the specific achievement achieved.

What's going on on your side?

Summary. Hello dear! If the child dies accidentally, the parents can give compensation of about 1 million.

The parents should receive 50% of the compensation for the accidental death of their son. Legal analysis: The proportion of the distribution of death compensation between parents and spouses and children can refer to the provisions of inheritance, which is generally the same proportion.

Among them, the death compensation shall be calculated on the basis of the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on a 20-year basis. 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.

Hello dear! If the child dies accidentally, the parents can give compensation of about 1 million. The parents should receive 50% of the compensation for the accidental death of their son.

Legal analysis: The proportion of the distribution of death compensation between parents and spouse and children can refer to the provisions of inheritance, which is generally the same proportion. Among them, the death compensation shall be calculated on a 20-year basis according to the per capita disposable income of urban residents in the previous year where the court is located.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the age of 75 or more is buried, it will be calculated as five years.

Basis for the side law of the draft: 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 provides that death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents in the previous year at the location of the court where Cong Feng sued. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those who are over 75 years old are counted as five years old.

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

Dear, what kind of death compensation situation have you encountered?

The son died unexpectedly, and the other party gave 1 million privately, and there is an old man.

The other party takes the accident insurance, and the individual takes a part.

It should be the insurance company that needs the old man's signature.

Yes, parents, generally have to account for 50% of the compensation.

Dear, do you agree with the amount of compensation?

I don't want too much here, and it's not too much to give 100,000 alimony.

If the other party doesn't agree to this, it's okay not to sign it.

Dear, this is okay, if the amount is not negotiated, it is possible not to sign, if it is not signed the contract is not effective,

1. The death compensation is divided into several parts.

1. Parents can be divided into about 30% of the death compensation, and the specific distribution ratio is as follows:

1) 40% per month for spouses;

2) 30% per month for each other relative;

3) 10% per month for each elderly or orphan who is lonely or orphaned will be added to the above standard.

2. Legal basis: Article 34 of the State Compensation Law of the People's Republic of China.

1) Where bodily injury is caused, medical expenses, nursing expenses, and compensation for the loss of income due to lost work shall be paid. The compensation for each day of the reduced income shall be calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount shall be five times the average annual wage of the employees of the State in the previous year;

2) Where partial or total loss of ability to work is caused, medical expenses, nursing expenses, disability living aids, ** expenses, and other necessary expenses increased due to disability and expenses necessary for continuation, as well as disability compensation, shall be paid. Disability compensation shall be determined according to the degree of incapacity for work and in accordance with the level of disability prescribed by the State, and shall not exceed 20 times the average annual wage of employees in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses;

3) Where death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times the average annual wage of the State employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime.

The standards for the payment of living expenses provided for in items (2) and (3) of the preceding paragraph are to be implemented with reference to the local minimum subsistence security standards. If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses will be paid until the death of the deceased friend.

2. What is the principle of distribution of death compensation?

The principles for the distribution of death benefits are as follows:

1. The subject of distribution is generally the victim's close relatives who lived together before his death as the subject of distribution power;

2. Distribution ratio: In principle, the death compensation should be distributed equally, but the rights and interests of the old, weak, sick and disabled and women should be properly taken into account, and the working ability, living income level of Kai Daifeng, and the right to receive should be taken into account.

Death benefits are not the estate of the deceased, but they can be distributed in the order in which the estate is distributed. As the first-order heirs, the children have the same rights to distribute the death benefits of their parents as other heirs in the same order.

Article 1127 of the Civil Code The inheritance shall be carried on in the following order: (1) First order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. For the purposes of this part, He Feng refers to brothers and sisters, including brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Summary. Hello dear and honored to answer your <>

Based on your question [Accidental Death Compensation for Father], the following is the result of my analysis for you from a legal point of view: <>

Since the judicial interpretation adopts the theory of loss of inheritance, the death compensation shall be jointly "inherited" by the spouse, parents and children as the first-order heirs in accordance with the legal order of inheritance stipulated in the Civil Code. If there is no first-order heir, the second-order heir will "inherit". Where the decedent's children die before the decedent, the descendants of the decedent's children are to be subrogated to "inherit".

Accidental death of the father.

Hello dear and honored to answer your <>

Based on your question [Accidental Death Compensation for Father], the following is the result of my analysis for you from a legal point of view: <>

Since the judicial interpretation adopts the theory of loss of inheritance, the death compensation shall be jointly "inherited" by the spouse, parents and children as the first-order heirs in accordance with the legal order of inheritance stipulated in the Civil Code. If there is no first-order heir, the second-order heir will "inherit". Where the decedent's children die before the decedent, the descendants of the decedent's children are to be subrogated to "inherit".

Hello, here is the relevant legal basis that I have found for you, I hope it will be helpful to you: In the event of the death of a citizen who has been injured by the State Compensation Law, his heirs and other dependent relatives have the right to claim compensation. The division of the death benefit is different from the distribution of the estate.

In principle, the death compensation should be jointly obtained by the members of the family life community, and the parties have not requested a division; If the people's court does not take the initiative to divide it, and the parties request the division and the compensation agreement does not specify the compensation items, it shall be regarded as a mixed compensation for the material losses and moral damages of the right holder. Before dividing the compensation, the funeral expenses actually paid should be deducted, and the interests of the dependents should be given priority, and the distribution of the remaining part should be appropriately divided according to factors such as the proximity of the deceased, the closeness of the life with the deceased, and the living **, rather than equal distribution.

Kiss, still have questions? Can you elaborate on that? Or is there anything you'd like to talk about?

When I asked, was it 20% of the compensation of 1.88 million or the remaining 20% of the money, and my father also spent money on his posthumous affairs.

If the father dies, the child has 20% of the total compensation

That's 20% of the compensation amount

Yes, dear. <>

Daughter. Yes, close relatives and immediate family members.

It is not 20% of the amount left after the father's death

Yes. If you go through the legal process, does the married daughter not score?

Yes, dear. Married women are inseparable.

Negotiate 20% daughter's 20% is not too much, right?

Kiss, not too much Do you have any concerns that you can elaborate on?

The death benefit shall be paid to the next of kin, i.e. the spouse, children, parents of the deceased, or a person who was dependent on the deceased during his lifetime and had no other livelihood**.

1. What should be done with the property that no one inherits and no one has bequeathed?

After the determination of the inheritance of no one and no one has been bequeathed, it shall be dealt with in the following order: the debts of the decedent shall be paid first. Secondly, appropriate inheritances should be distributed to those who do not have the right to inherit but are dependent on the deceased and lack the ability to work and have no livelihood, or to those who have more support for the deceased.

Third, it is owned by the state or collective. In general, it should be nationalized, and if the deceased was a member of a collective ownership organization during his lifetime, the estate is owned by the collective ownership organization.

2. Is there any provision for the distribution of the money?

If the deceased's employer has provisions on the recipients of pensions, it shall be dealt with in accordance with the regulations; If there is no provision for the recipient of the benefit, it shall be a joint possession of close relatives. The parties' request for the division of the pension is legally a division of the joint property. Close relatives mainly refer to the deceased's spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren.

Although the pension does not belong to the estate, it will be distributed in the order of the heirs of the estate, the first order is the spouse, the parents, the stupid children, and the other people are the second order, and if there is no person in the first order, the pension will be distributed among the people in the second order. The law is silent on how pensions are to be divided. According to the current policy of the country, a person who is entitled to pension benefits must meet two conditions at the same time:

First, it must be the immediate family member or spouse of the deceased; The second is the person who was mainly or partially supported by the deceased during his lifetime. The specific division of the death benefit shall be settled by the parties through negotiation, and if the negotiation fails, a lawsuit may also be filed with the court. The court generally deals with the pension in accordance with the principle of equal division, and at the same time divides the pension according to the objective circumstances of each close relative, as appropriate.

3. What to do with the property that no one inherits and no one has bequeathed.

After the inheritance of no one and the bequest of countless relatives is determined, it shall be handled in the following order:

1. Pay off the debts of the deceased first;

2. Secondly, it should be distributed to those who do not have the right to inherit but rely on the support of the decedent, lack the ability to work, have no livelihood, or those who support the decedent more;

3. Finally, it is owned by the state or collective. In general, it should be nationalized. If the deceased was a member of a collective ownership organization during his lifetime, the estate belongs to the collective ownership organization.

Article 29 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 provides that death compensation shall be calculated over a period of 20 years 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 60 years old or older, the age is reduced by one year for each additional potato age and the age is 15 years old or older, it is calculated as five years.