But the guardian of the other party is also responsible, because the old man is a mental patient and he needs the management of the guardian.
Specific calculation:
In recent years, road traffic accidents have been on the rise. Deaths caused by traffic accidents always bring endless pain to the families of the deceased. In addition to the pain, you should calm down and deal with the related damages in traffic accidents rationally. Shenzhen lawyer Chen Wei makes the following brief explanation based on judicial interpretations, judicial practice and lawyer practice related to personal injury in my country.
The first is the compensation project. If the victim dies, the compensation obligor shall compensate the victim for personal injuries, various expenses incurred due to medical treatment, and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, and hospitalization food subsidies. and necessary nutritional expenses.
The obligor shall also compensate for funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, lost work expenses and other reasonable expenses.
Secondly, there is the issue of compensation for mental damage. Ordinary people like to use "mental damage" or "mental loss" as the formulation of this statement. In fact, the legal norm for mental damage compensation is “mental damage solatium”. Before the promulgation of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Damage Compensation Cases", only one of mental damage compensation, death compensation or disability compensation could be claimed. However, after the judicial interpretation was promulgated, it was clearly stipulated that parties can claim compensation for mental damage, and it was juxtaposed with death compensation, disability compensation and other provisions, indicating that mental damage compensation could be claimed at the same time as death compensation and disability compensation. According to the provisions of the Judicial Interpretation of Personal Injury, if the victim or a close relative of the deceased suffers mental damage, and the right holder applies to the People's Court for mental damage compensation, the Interpretation of the Supreme People's Court on Several Issues Concerning Determination of Liability for Mental Damage Compensation in Civil Torts shall be determined.
Third, the claim and calculation of death compensation. Death compensation is 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 appeals court is located, and the calculation period is 20 years. For those over 60 years old, the age decreases by one year for every additional year; for those over 75 years old, the calculation is based on five years.
If the holder of the right to compensation proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his or her place of domicile or habitual residence is higher than the standard for the location of the court where the suit is filed, the relevant regulations of his or her place of domicile or habitual residence may be used. Standard calculation of disability benefits or death benefits.
The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.
There is also the idea of ??funeral expenses. Funeral expenses are calculated based on six months' average monthly wages of employees in the previous year in the location of the appeals court.
The last step is the proposition and calculation of dependents’ living expenses. The dependent's living expenses shall be calculated based on the degree of the dependent's inability to work and the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the previous year where the appeals court is located. If the dependent is a minor, the period shall be calculated as if he or she is eighteen years old; if the dependent is incapable of working and has no other source of living, the period shall be calculated as 20 years. However, if you are over 60 years old, your age will be reduced by one year for every additional year; if you are over 75 years old, your age will be calculated as five years.