Died in a car accident and left two children, how should the perpetrator compensate according to the

According to the relevant laws and regulations, the traffic offender caused the death, through the investigation of the accident scene, to confirm that it is not the responsibility of the deceased, this situation through the traffic police accident processing hall issued a ruling, to determine the accident negligence to the deceased to compensate the amount of death, the two sides to reach an agreement on the issue of compensation, if there are different opinions, through the traffic police department to negotiate, until both parties are satisfied with the compensation, the case can be closed!

As for having two young children, you can also raise the issue of compensation, and the perpetrator must complete the compensation payment at one time, otherwise there will be endless troubles, and the compensation will probably be calculated until the age of ten years! I hope mine can help you and I wish you a speedy escape from pain!!

After waiting for the determination of responsibility for the accident, a civil lawsuit may be negotiated or filed. If criminal liability is involved, a request for a civil lawsuit attached to the criminal case may be filed.

Look at how the responsibility for the accident is divided, and whether the deceased is a rural or urban household registration to calculate the amount of compensation. Compensation items include: funeral expenses, death compensation, living expenses of dependents, spiritual solace, etc.

Zongheng Legal Network-Jiangsu Haoxin Law Firm-Zhao Yong lawyer.

1. Death compensation, 2. Spiritual solace, 3. Living expenses of dependents, ......

Zongheng Legal Network-Jiangsu Ganlu Law Firm-Lawyer Lin Tailong.

Compensation for child support of the deceased.

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

Article 29: "Death compensation shall be calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or 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 reduced by one year for each additional year; Those over the age of 75 are counted as five years. ”

How to calculate the death benefit.

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 adopts the "inheritance loss theory", not the spiritual solace, and its calculation formula is as follows:

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.

3. Calculation of death compensation:

Urban standard: 20 years = 651974 yuan.

Rural standard: 20 years = yuan.

2. Funeral expenses: 59345 2=yuan.

3. Transportation expenses: 2000-5000 yuan.

4. Accommodation fee: 2000-5000 yuan.

5. Lost work expenses for family members: 30 family wages for 3 people for 15 days.

6. Living expenses for dependents:

Parental support].

Urban standard: actual age - 60 years old)] Number of siblings.

Rural standard: chronological age - 60 years old)] Number of siblings.

Child support].

Town Standard: Chronological Age) 2

Rural standard: 18-chronological age) 2

7. Spiritual solace: 20,000-100,000 yuan (according to the determination of accident responsibility).

Compulsory traffic insurance claim rules: the current national law stipulates that the opportunity car must purchase compulsory traffic insurance, the compensation rules of compulsory traffic insurance are not divided into traffic accident liability, no matter whose responsibility is, the insurance company will pay compensation within the limit of compulsory traffic insurance, and the part exceeding the limit of compulsory traffic insurance shall be shared according to the responsibility, and 1-7 items belong to the death and disability compensation limit, and the limit is 110,000.

The owner of the car accident fled the scene, resulting in a fracture of the child, according to the law, how much compensation is needed.

Dear, this is to do a disability appraisal, and the compensation standards for each level of compensation are different. According to the Interpretation on Compensation for Personal Injuries, the principle of comprehensive compensation is implemented in terms of compensation items and compensation standards. Legal analysis is a good ride:

Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled". It is embodied in Articles 17 and 18 of the Interpretation on Compensation for Personal Injury: (1) The compensation items for personal injuries suffered by the victim include:

Medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.