: 1. First, you must understand the situation and master laws, policies and past reference materials.
2. Clarify the basic compensation standards: funeral expenses: local average salary? 6 months; death compensation: local per capita income? 20 years; alimony: unless the deceased was the only supporter of the parents-in-law during his lifetime, Otherwise it will not be supported. Mental damage solatium: There is no unified standard, it is voluntary negotiation, or it is left to the judge’s discretion.
3. First seek negotiation, secondly request mediation, and court prosecution is the final guarantee. Because the person primarily responsible for the death above +1 bears criminal responsibility, actively making compensation and obtaining the understanding of the family of the deceased is one of the conditions for striving for a lighter sentence. I think that if criminal liability is pursued, the other party's defense lawyer must know how to negotiate and obtain a letter of understanding, and then he can fight for more compensation.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases" Article 16: Compulsory motor vehicle third party liability insurance (hereinafter referred to as "traffic compulsory insurance") and third party liability commercial insurance (hereinafter referred to as "commercial third party insurance"), purchase compulsory motor vehicle third party liability insurance (hereinafter referred to as "compulsory traffic insurance") and third party liability commercial motor vehicle insurance. If a motor vehicle insured by insurance (hereinafter referred to as "commercial third-party insurance") causes damage in a traffic accident, what should be paid attention to in the negotiation for traffic accident damage compensation? If the party sues the tortfeasor and the insurance company at the same time, the people's court shall determine the compensation according to the following rules Liability:
(1) The insurance company underwriting compulsory traffic insurance shall compensate within the limit of liability;
(2) For the shortfall, the insurance company underwriting commercial third-party insurance shall compensate according to the insurance Compensation shall be made as stipulated in the contract;
(3) The infringer shall compensate for the shortfall in accordance with the relevant provisions of the "Road Traffic Safety Law" and the "Tort Liability Law"
Or if his close relatives request that the insurance company underwriting compulsory traffic insurance give priority to compensation for mental damage solatium, the people's court should support it.