1, "My mother is a rural hukou": the compensation for rural hukou will be much lower than that for cities and towns. If you can prove that your mother has lived and worked in cities and towns for a long time, you can claim compensation according to your urban hukou.
2. "I worked in a private store (opened by relatives) for more than 5 years before the accident, but it is estimated that there is no labor contract";
(1) The absence of a labor contract has nothing to do with the current traffic accident claims, but is another legal relationship, which is a code issue with this case. Going to court can only sue for traffic accident claims, and your lawyer will only be responsible for traffic accident cases.
(2) On the question of asking for double wages and social security without a labor contract: If consultation with relatives fails, it can be settled by labor arbitration. If you are dissatisfied with the labor arbitration, or if the labor arbitration commission fails to make an award within the time limit, you can bring a lawsuit to the court.
3. "Do lawyers have an obligation to help us collect evidence? Mainly to find out where the perpetrators came from at that time. If it's a hotel, I'll find out if anyone saw him drinking or something. I feel that our lawyers are not very active. " ：
(1) Under normal circumstances, the lawyer will not give you the "hotel where the driver came out". And I don't think it's useful for you to check this now: you check whether he drinks or not, just to determine his responsibility for the accident, and the traffic police have already determined that he is fully responsible. It's basically useless for you to check if he has been drinking. It is easy to determine whether he drinks, but it is difficult to determine whether he is drunk, even if he is drunk.
(2) It is suggested that it is not necessary to delve into this problem, but to solve the compensation and cremation as soon as possible.
1, "Does my mother's cremation affect things?" It basically doesn't matter, unless your family wants to blackmail his family with your mother's body and demand more compensation.
If your family can't do this, the longer you don't cremate, the worse it will be for your family: because the cost of freezing is very high, if your family refuses to cremate after a certain period of time, your family may have to bear part of the cost.
2. "If we can't talk properly, how can we find a way to judge the driver?" : If the compensation negotiation fails, your family will not issue him a letter of understanding, and the court will make a judgment according to law; But it will not aggravate the sentence;
If his family can actively compensate you, and your family issues a letter of understanding before the court decides, the court will give you a lighter sentence.
3. "We have hired a lawyer. Is he obligated to testify for us? It seems that after hiring a lawyer, the lawyer told us not to worry, waiting for them to take the initiative to solve it, but the other party didn't take the initiative at all! So if the negotiation fails (probably), how many years can the perpetrator be sentenced if he is prosecuted? How much is the compensation? " ：
(1) Since you have hired a lawyer, you should trust the lawyer. As the saying goes, there is no doubt about employing people, and there is no need for suspects: it is best to consult with your lawyer more.
(2) It is your duty to provide evidence, and what you said should be collecting evidence. If you have an agreement with the lawyer in the entrustment contract, the lawyer will collect evidence for you; If there is no agreement, it depends on the lawyer's personal wishes. The general lawyer will ask you what evidence you need to cooperate with you in obtaining evidence.
(3) The statutory penalty for the crime of causing traffic accidents is fixed-term imprisonment of not more than three years or criminal detention. 3-7 years if there is escape or other serious circumstances; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Attachment: Article 133 of the Criminal Law: Whoever violates traffic and transportation management regulations and has a major accident, causing serious injury, death or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
(4) After the other party is sentenced, your family can still claim compensation. What you can claim is funeral expenses (based on the average monthly salary of employees in the last year where the court is located at the time of prosecution) and death compensation (based on the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court is located at the time of prosecution), depending on whether your mother is an urban hukou or a rural hukou. If she is a rural registered permanent residence but lives and works in the city for a long time, it can be calculated according to the urban registered permanent residence), the living expenses of the dependents (if you are under the age of 18, if your grandparents have lost the ability to work, if your father has also lost the ability to work, it is the dependents.
Attached:
(1) Article 27 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: The funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount is six months.
(2) Article 28: The living expenses of the dependents shall be calculated according to the degree of incapacity of the dependents, and according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the court of appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
(3) Article 29 The death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located, and it shall be calculated for 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Actually, your lawyer will help you calculate the above expenses, so don't bother. What you need to do now is: assist the lawyer to collect evidence, bring a lawsuit to the court if negotiation fails, and decide whether to cremate your mother as soon as possible after consultation with your family and lawyers.
I sympathize with you. I am also dealing with the problem of my family being killed by a collision, and I condemn those who break the rules.
Personal opinion, for reference only.