How should I be compensated for this traffic accident? Please help, urgently needed! 30

Where a traffic accident causes the death of the victim, in addition to compensation for the relevant expenses during the rescue period, compensation shall also be paid for funeral expenses, living expenses of dependents, compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.

Because the perpetrator bears the main responsibility, it has constituted the crime of causing a traffic accident, if you want to claim mental damages, you should file a separate civil lawsuit, and there is no mental damage fee in the civil lawsuit attached to the criminal case, and the specific amount varies greatly from place to place, and the highest support for mental damages in Beijing is more than 300,000 yuan.

This situation is first and foremost a work-related fatality.

If Party B's responsibility for the traffic accident shall be as follows:

1 Funeral expenses, 2 Death compensation, 3 Medical expenses, 4 Living expenses for dependents.

The amount of compensation in kind depends on the city in which the accident occurred to the person concerned, whether she is an urban resident or a rural resident, and the age of her dependents, her ability to live and work, etc.

All losses and expenses can be claimed, including but not limited to:

1. Medical expenses, hospitalization expenses, nutrition expenses, surgery fees, etc.;

2. Losses such as lost work expenses, transportation expenses, and nursing expenses caused by accidents;

3. Property damage caused by accidents.

All loss expenses must be supported by formal bills, and medical expenses must be supported by medical records, doctor's orders, and invoices for drug expenses; The compensation for lost time shall be issued by the unit; Formal invoices must be provided for transportation expenses, nursing expenses, property damage, etc.

Claims can be made through negotiation between the parties, and the party responsible for the accident can be sued through insurance compensation or legal procedures.

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

There are detailed compensation items and calculation standards.

The compensation dispute for personal injury in a traffic accident can only be determined after the conclusion of the victim**.

In this case, after the injured person is discharged from the hospital, it should be determined whether a disability level evaluation is necessary based on the actual situation. If an assessment of the level of disability is required, the amount of compensation can only be determined after the appraisal conclusion is made.

The compensation items are: disability compensation, mental injury solace, lost work expenses, nursing expenses, transportation expenses, and appraisal fees; Medical expenses (including expenses during hospitalization and follow-up medical expenses), hospital meal allowance, nutrition expenses; Property damage.

The amount of compensation must be calculated according to the standard of the province where the accident occurred.

After being discharged from the hospital, the disability appraisal is done, and then it is agreed whether to pay off the follow-up fee at one time or how much to compensate for the amount of **expense incurred in the future (it is best to get it at one time, so as not to leave future troubles), and the compensation standard must also be determined according to the disability level and the local salary level.

Mainly pay compensation, mental damage expenses (maybe, usually 10,000 to 50,000), lost work (at least half a year can not go to work), escort (according to the level), food (unit travel standard * 70%), transportation (not much), aftercare expenses (including secondary surgery, can also be added to the compensation), maybe there are also care, maintenance expenses, etc. (the age of the child is counted, the age of the elderly is counted). After you are discharged from the hospital, you will have to pay at least about 100,000 yuan.

Traffic accident victims may, according to their actual circumstances, claim compensation from the party responsible for the accident, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, it also includes disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

The specific amount is calculated according to the disabled person's household registration, actual loss of bills, monthly income, lost work time, disability level, age of dependents, local statistical data, etc., and the part within the limit of the other party's vehicle compulsory insurance shall be compensated in full by the insurance company, and the excess part shall be compensated according to the proportion of accident liability.

Primary and secondary responsibilities, generally 3:7 open.

If he wants to slander someone, it will be public. Usually such things are still private.

1；Fees you have already paid will not be double-counted at the time of the lawsuit.

2；You will have to bear the cost of the disability assessment, and whether the insurance company will reimburse it is another matter.

3；It's best to deal with this matter within a year, as delaying it too long is not good for both parties.

It is recommended that the hospital make a budget for the cost of the second operation, provide a certificate, and settle the matter through mediation or litigation before the second operation.

According to your description, your mother was hit by the other party's motorcycle while making a left turn, and your mother violated the right of way of the other party's motorcycle while making a left turn, so she should be held responsible for the accident.

The responsibility for this accident should be characterized as primary and secondary responsibility, that is, the motorcycle bears the primary responsibility; Your mother has secondary responsibility.

In terms of compensation, the general ratio of primary and secondary liability is: 70 and 30, that is, 70% of the cost of the motorcycle and 30% of the cost of your mother. However, considering that the other party is a motor vehicle and your mother is a non-motor vehicle, in the specific operation, the liability of the motor vehicle is generally expanded, and the proportion is put to 80 and 20.

The calculation is that all the costs of both parties are added up, and the other party bears 70 80 of the total costs, and your mother bears 20 30 of the total costs.

Remember: although the other party has no insurance, it should be compensated according to the compensation scope of the compulsory traffic insurance, and then calculated according to the above.