1. Death compensation: If the victim dies due to a traffic accident, the compensation items mainly include the following: 1. Death compensation, based on the per capita disposable income of urban residents or rural residents in the previous year where the court where the lawsuit is filed is located The per capita net income standard of residents is calculated based on 20 years. However, for those over 60 years old, the age will be reduced by one year if the age does not increase by one year; for those over 75 years old, the calculation will be based on 5 years. 2. Funeral expenses shall be based on the 6-month average salary standard of the needy people at the higher level where the court where the lawsuit is filed; 3. Living expenses of the dependent, if the dependent is a minor, it shall be calculated until the age of 18; if the dependent is unable to work and has no other livelihood Source, calculated for 20 years. However, for those over 60 years old, the age will be reduced by 1 year if the age does not increase by 1 year; for those over 75 years old, it will be calculated as 5 years old. 4. In principle, family transportation expenses should not exceed 3 people, and are calculated based on reasonable transportation expenses to deal with traffic accidents; if there are more than 3 people, the calculation is based on 3 people. 5. Family accommodation expenses, in principle, should not exceed the reasonable accommodation expenses for 3 people to deal with traffic accidents; if there are more than 3 people, it will be calculated as 3 people. 6. In principle, the family's lost work expenses shall not exceed the reasonable lost time expenses for dealing with traffic accidents for three people; if there are more than three people, the calculation shall be based on the actual amount. 7. Solatium for mental damage. The economic development status stated by the court being sued is different, and the amount of mental damage compensation is also different. 8. Rescue costs. Calculated based on actual occurrences. Theoretically, the distribution of death compensation should belong to all qualified relatives of the plaintiff. Everyone's share is the same, and the distribution of the compensation amount is also the same. However, taking into account the different situations of the victim's relatives, the interests of adults and minors who are unable to work and have no source of income should be given due consideration. All relatives who have the status of plaintiff, that is, the close relatives of the deceased. "Close relatives" in the Civil Procedure Law refer to spouses, parents, children, brothers and sisters, grandparents, grandchildren, and grandchildren. Spouses, parents, and children are all first-order plaintiffs. Only if the deceased does not have first-order kinship, other close relatives can enjoy the plaintiff qualifications. For death compensation, if the victim's relatives do not sue for division, the people's court will not grant division. This is to implement the principle of "no complaint without reason" in civil litigation. If the party concerned does not make a request to the court, the people's court cannot take the initiative to deprive or grant the rights to the party concerned.
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2. Calculation of death compensation Death compensation shall be calculated based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the litigation court is located, and calculated based on 20 years. However, for those over 60 years old, the age will be reduced by 1 year for every additional year; for those over 75 years old, it will be calculated as 5 years old. The specific calculation formula is (1) Death compensation (under 60 years old) = per capita disposable income of urban residents or rural residents in the previous year where the court where the lawsuit is located × 20 years; (2) Death compensation (over 60 years old) = Sue The per capita disposable income of urban residents or rural residents in the previous year where the court is located Disposable income or per capita net income of rural residents × 5 years.
3. Compensation factors affecting death compensation 1. Death compensation is related to the economic level of the court being sued. Of course, if the economic level of the location where the court is sued is better, the per capita disposable income of urban residents or the per capita net income base of rural residents will be higher, and the total death compensation will also be higher. 2. Death compensation is related to the household registration of the deceased.
In the same area, the per capita disposable income of urban residents is not consistent with the per capita net income of rural residents, and sometimes there is a huge gap, which may lead to several times the difference in death compensation. Therefore, the law stipulates the conditions for rural residents to obtain death compensation according to the income standards of urban residents, and close relatives of the deceased can actively fight for it according to the conditions. 3. Death compensation is related to the physical age of the deceased. When the victim is older, according to the characteristics of life, it is not appropriate to make a larger death compensation. Therefore, the number of years of death compensation stipulated by national law is linked to the person's age. The older the age, the more death compensation will be obtained. The less. If a driver dies in a car accident due to some mistake, he must actively make reasonable compensation to his family afterwards. In order to avoid disputes over the amount of compensation, both parties must know what the fixed compensation standard is.