Those who violate the natural person's right to health but are not disabled or infringe other rights or legitimate rights and interests of natural persons and need to pay compensation for mental damage are collectively referred to as mental consolation money; The amount of spiritual consolation money should be determined according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, and according to the fault of the infringer, the plot, influence and consequences of the infringement, the degree of mental damage caused to the victim, the specific social conditions of both parties and the attitude of the offender to admit his mistake.
According to the judgments of the provincial courts in actual cases, in order to fully safeguard the legitimate rights of the victims of traffic accidents, it is suggested that if the victims die of traffic accidents, their close relatives may consider the following factors:
(a), the compensation obligor is a unit or individual, the other is a unit, especially institutions can consider asking the other party to pay more compensation; If the other party is an individual, considering the income level of the other party, the party with high income can ask the other party to give more compensation.
(2) The liability of the compensation obligor in the traffic accident. According to the traffic accident certificate, the other party bears full responsibility for the traffic accident, and if the compensation obligor bears full responsibility, main responsibility or equal responsibility, it may consider asking the other party to pay more compensation; If the obligor for compensation is secondary or irresponsible, he may consider asking the other party to pay less.
(3) The living standard of the court where the lawsuit is located. If the court of appeal has a high standard of living or is in a big city, you can consider asking the other party for more compensation; If the living standard of the court where the lawsuit is filed is relatively low or the county seat, you can consider asking the other party to pay less compensation.
(4) Whether the victims of traffic accidents belong to urban residents or rural residents. If the victims of traffic accidents belong to urban residents, they can consider asking the other party to pay more compensation; The victims of traffic accidents are rural residents, so we can consider asking the other party for less compensation.
The lawyer suggested that the compensation for the mental damage caused by the victim's 10-level disability due to a traffic accident could be considered between 5,000-110,000 yuan.
Compensation standard for car accident death:
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