Car accident compensation, parents, wife, children, how much should they get, how to calculate it,,

In principle, it is evenly distributed. Wives, children, and parents are all equal. Children can be appropriately divided into a little more, leaving the necessary and sufficient guarantees for more support and education in the future. Parents' words: You can also adjust a little more.

Legal analysis

First, death compensation refers to a certain amount of compensation given by the relevant responsible person to the family of the deceased in accordance with certain standards for the victim's death due to various abnormal accidents or deaths, including both the funeral expenses of the deceased and the spiritual pension of his relatives. Clause.

Second, the nature of the death compensation should be clarified in order to determine how it should be distributed. Whether the death compensation is the estate of the deceased, the answer is no, the citizen's estate is all the property rights and intellectual property rights enjoyed by the citizen during his lifetime, and the acquisition of the death compensation is generated after the death or due to the death of the citizen, in terms of time judgment, it can be clearly judged that the death compensation should not belong to the estate of the deceased. At the same time, the reason why the death compensation is obtained is that the rights obtained by the relatives of the deceased in accordance with the law are not the holders of the rights of the deceased themselves, and the monetary income obtained from the rights cannot be regarded as the inheritance of the deceased, which should be quite clear.

Third, since the death compensation does not belong to the inheritance, in principle, the money belongs to the parents, wife, and children, that is, in short, the above-mentioned persons divide the money equally. However, in practice, the court's judgment on the existence of a dispute over the death compensation will comprehensively consider the status relationship between the close relatives and the deceased, the common living relationship and the actual living situation of the reasonable distribution, if the deceased has been living with his wife and children since starting a family, and only fulfills the obligation to support his parents, then his wife and children should receive more death compensation.

Legal basis

Civil Code of the People's Republic of China Article 1127 Inheritance shall be 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. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Hello is a dear! I'm glad to answer this question for you. 1. In principle, the death compensation shall be jointly obtained by the members of the family life community, and if the parties do not request the division, the division cannot be carried out.

If the parties request a division, priority shall be given to the interests of the dependents. It can be divided by negotiation between the parties. 。

Because the law is an important way to maintain social order, when the moral force to maintain social order is insufficient, it needs to be solved by legal means. 2. Legal basis: Laws can be divided into constitutions, laws, administrative regulations, local regulations, autonomous regulations and special regulations.

Law is subordinate to the peremptory norms of the Constitution and is the concretization of the Constitution. The constitution is the foundation and core of national law, and law is an important part of national law. As of November 2019, there are 300 laws currently in force in the country.

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Funeral expenses should be settled according to the facts and should not be redistributed; The living expenses of the dependents shall be calculated in proportion to the amount of compensation and distributed according to the actual situation of the dependents. 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". In the same order of inheritance, in principle, the share of the death compensation shall be determined according to the closeness of the living together between the heirs and the decedent, and the principle that the same order should generally be equal as stipulated in the Civil Code shall not apply. In principle, the death benefit should be jointly obtained by the members of the family life community.

Where the parties do not request division, the people's court will not divide it.

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

The 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, and the spouses, parents, and children who carry the limbs, and only when the first-order heirs do not exist at all, the inheritance begins to be carried out by the second-order heirs, i.e., siblings, grandparents, and maternal grandparents.

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 if the parties do not request division, the people's court does not take the initiative to divide it, and if the parties request division and the compensation agreement does not specify the compensation items, hunger should be regarded as a mixed compensation for the material loss and moral damage 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 distance from the deceased, the closeness of living with the deceased, and the living **, rather than equal distribution.

Of course, if the heir expressly renounces or transfers, his expression of intent should be respected.

To sum up, do you know how the wife, parents and children should divide the compensation after the death of the husband in a car accident?

Legal Analysis: With regard to accident compensation, the standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly or orphan who is alone.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall area in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary.

The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died on the job.

The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension of work, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

The law stipulates that parents are the primary guardians. The compensation items for personal death are: 1. Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. In addition to compensating for the relevant expenses specified in the first paragraph above according to the rescue situation, compensation shall also be made for funeral expenses, compensation for death from oak hail starvation (including the living expenses of the supporters), and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. As well as solatium for moral damage, etc.! The specific amount of compensation varies according to the size of the accident liability, the insurance liability and the individual, and the specific circumstances of each locality