-
Anonymous users2024-02-11In the case of death due to a traffic accident.
Amount of personal injury compensation = medical expenses + lost work expenses + nursing expenses + transportation expenses + hospital meal allowance + nutrition expenses + funeral expenses + living expenses for dependents + accommodation expenses + death compensation + mental injury solatium + transportation expenses, lost work expenses, accommodation expenses + mental injury solatium for the patient's spouse and immediate family members participating in the funeral activities + mental injury solatium.
In 2011, the latest compensation standards for traffic accident deaths were:
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].
3) Death compensation for persons under the age of 60 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 20 years.
4) Death compensation for persons aged 60-75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year [20-(actual age-60)].
5) Death compensation for persons over the age of 75 = per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 5 years.
The above is the standard for calculating compensation for traffic accident death, which is calculated according to 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. The per capita income of each city is different, and the amount of compensation is also different. The specific landlord can refer to the Beijing Traffic Accident Compensation Consultation Center for a detailed introduction, as well as the traffic accident deaths in various provinces and cities and the specific compensation amount calculation details of each level, you can roughly calculate to see how much you can compensate.
-
Anonymous users2024-02-10It should be calculated according to the conclusion of the accident liability determination of the traffic department and the specific circumstances of the accident.
Compensation includes: medical expenses, funeral expenses, death compensation, child support, and spiritual solace if you have received medical treatment.
Lawyer Li Xiang.
-
Anonymous users2024-02-091) Funeral grants.
Funeral subsidy compensation amount = average monthly salary of employees in the overall area in the previous year (yuan) 6
2) One-time ** subsidy.
1. The amount of one-time work-related death subsidy = 20 per capita disposable income of urban residents in the previous year
3) Pension for dependent relatives.
1. Compensation amount for spouse and dependent relatives = 40% of the employee's salary (RMB) for the death of the worker;
2. The amount of compensation for the pension of other relatives who take Youyan = 30% of the salary of the employee who died of work-related injury (January);
3. If the spouse is a lonely and widowed elderly, the compensation amount of the pension for dependent relatives = 50% of the salary of the employee who died of work-related injury;
4. If other relatives are lonely elderly or orphans, the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury
1. How to calculate the pension for dependent relatives who died of work-related injuries.
The specific calculation criteria are as follows:
The spouse can receive 40% of the employee's salary per month, provided that the spouse is dependent on the work-related death of the employee to provide the main livelihood** during his or her lifetime and is completely incapacitated, or the spouse of the employee who died at work is at least 60 years old for men and 55 years old for women.
The calculation formula is: the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury (yuan grinding chain month).
Each other relative receives 30% of the employee's salary per month.
The calculation formula is: the amount of compensation for the pension of dependent relatives = 30% of the employee's own salary (yuan) that died of work-related injuries
The monthly allowance for each elderly or orphan is increased by 10 per cent per month, i.e. if the spouse of the employee who dies at work is a widow or orphan, the monthly pension for dependent relatives is 50 per cent of the employee's salary.
The calculation formula is as follows: the amount of compensation for the pension of dependent relatives = 50% of the salary of the employee who died of work-related injury
If the parents, grandparents, siblings, etc. of the injured employee are lonely elderly people, or their children, grandchildren, siblings, etc. are orphans, each of them can receive a monthly pension of 40% of the employee's salary.
The calculation formula is: the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury
2. What is the standard of compensation for work-related deaths?
The compensation standard for work-related injuries and deaths is: the funeral subsidy is 6 months of the average monthly wage of the employee in the overall area in the previous year, and the pension for dependent relatives is paid to the relatives who provided the main living income and were unable to work according to a certain proportion of the employee's own salary. The criteria are:
40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department, and 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.
Because their personal wages and the per capita disposable income of urban residents in the previous year are not necessarily the same, the specific amount of compensation is subject to the actual situation.
There is currently a great deal of controversy over whether accidents between pedestrians and motor vehicles in expressway service areas, toll plazas, ramps, etc. There is no clear division in the law, and the definition of the so-called "expressway" in the Road Traffic Safety Law and its implementing regulations has multiple meanings, and it is not possible to accurately define what an expressway is. >>>More
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates: >>>More
1.The medical expenses, Zhu Moumou generated a total of yuan, which was confirmed by the corresponding medical documents, and was related to the traffic accident, and this hospital determined that the non-medical insurance drugs were yuan. >>>More
Theoretically, you don't have to pay in advance.
After the victim has basically recovered, he or she asks for mediation or sues you, and the amount of the court judgment is what you have to pay. >>>More