What is the standard of life compensation?

1. Standard formula for calculating personal death compensation: 1. The calculation formula of medical expenses is based on the charging vouchers of hospitals at or above the county level: the compensation amount of medical expenses = medical expenses+medical expenses+hospitalization expenses+others. 2. Death compensation: 4506.7 yuan/year× 20 = 90134 yuan death compensation calculation formula: death compensation = per capita income of the person responsible for the accident in the previous year× 20 years 3. Dependent living expenses (1) and child support: 4 146.2 yuan/year ×( 18 years old-actual age) /2. Mother's support: 4 146.2 yuan/year ×[20 years (actual age: 60 years old) ]/3 (three children) (3) The father has a fixed retirement salary and has financial resources, so it is not counted. The calculation formula is as follows: the amount of compensation for the living expenses of the dependents = the annual consumption expenditure per capita in the place where the person responsible for the accident is located × the years of support. 4. Reasonable calculation of transportation expenses Related bills of transportation expenses = actual expenses. 5. Funeral expenses 39 1.32 yuan/year/12 months ×6 months = 19566 yuan funeral expenses compensation = the average monthly salary of employees in the place where the person responsible for the accident is located ×6 months. According to judicial practice, spiritual consolation money is generally 5,000 yuan to 20,000 yuan. Second, the legal basis is 1. Medical expenses Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "medical expenses shall be determined according to the receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. " "The certificate of medical expenses shall be the medical fee document of the hospital directly under the county level or above. 2. Death compensation Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases "Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and calculated according to 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; For those over 75 years old, it is five years. "3. Dependent's living expenses Article 28 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates:" Dependent's living expenses shall be calculated according to the degree of the dependent's loss of working ability and the per capita consumption expenditure of urban residents and 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. "4. Transportation expenses Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that" transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant evidence shall be consistent with the place, time, times and frequency of medical treatment. "5. Funeral expenses Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that" funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount shall be six months. "6. Spiritual consolation money" The first paragraph of Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts stipulates that "if a natural person is illegally infringed upon the following personality rights and requests compensation from the people's court, the people's court shall accept it according to law: (1) the right to life, the right to health and the right to body; "Article 8 stipulates that" if an infringement causes mental damage to a person and causes serious consequences, the people's court may order the infringer to bear civil liabilities such as stopping the infringement, restoring his reputation, eliminating the influence and making an apology. , and may, at the request of the injured party, be ordered to compensate the corresponding compensation for mental damage. "Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that" the people's court shall accept the case where the obligee for compensation has been infringed upon his life, health and body and sued the obligor for property loss and mental damage. "Article 18 stipulates that if the victim or a close relative of the deceased suffers mental damage and the obligee requests compensation from the people's court, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort". 3. Gansu road traffic accident personal injury compensation standard 20 13: 1. Income of residents: per capita disposable income of urban residents: 17 156.9 yuan/year. Per capita net income of rural residents: 4,506.7 yuan/year. 2. Resident expenditure: per capita consumption expenditure of urban residents: 65,438+. Annual per capita living consumption expenditure of rural residents: 4 146.2/ year 3. Average salary of employees: 39 132 yuan/year. Lawyers of Gansu Weiguang Law Firm: Liang Chengdong, Liu Xinghuai, 20 14, 14, 14. Calculation standard and legal basis (city standard) of personal injury death compensation. Compensation items and calculation formula: 1. The medical expenses shall be subject to the charging vouchers of hospitals at or above the county level. The calculation formula is: medical expenses compensation amount = medical expenses+medical expenses+hospitalization expenses+others. 2. Death compensation: 17 156.9 yuan/year× 20 = 343138 yuan death compensation calculation formula: death compensation = per capita income of the person responsible for the accident last year× 20 years 3. Dependent's living expenses (1) and child support: 12847. 1 yuan/year× (18 years old). Mother's alimony: 12847. 1 yuan/year ×[20 years (actual age is 60) ]/3 (three children). The calculation formula is: the amount of compensation for the living expenses of the dependents = the per capita annual consumption expenditure of the place where the person responsible for the accident is located × the years of support. 4. Reasonable calculation of transportation expenses Related transportation bills = actual expenses. 5. Funeral expenses 39 132 yuan/year/12 months ×6 months = 19566 yuan funeral expenses compensation = the average monthly salary of employees in the place where the person responsible for the accident is located ×6 months. Second, the legal basis 1, medical expenses in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases". If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. " "The certificate of medical expenses shall be the medical fee document of the hospital directly under the county level or above. 2. Death compensation Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases "Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and calculated according to 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; If you are over 75 years old, it is five years. " 3. Dependent's living expenses Article 28 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "Dependent's living expenses shall be calculated according to the degree of dependent's loss of working ability and the per capita consumption expenditure of urban residents and 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. " 4. Transportation expenses Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials should be consistent with the location, time, number and frequency of medical treatment. " 5. Funeral expenses Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "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." 6. Spiritual consolation money Article 1, paragraph 1, of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts stipulates that "if a natural person's following personality rights are illegally infringed and requests compensation from the people's court, the people's court shall accept it according to law: (1) the right to life, the right to health and the right to body;" Article 8 stipulates that "if an infringement causes mental damage to a person and causes serious consequences, the people's court may order the infringer to bear civil liabilities such as stopping the infringement, restoring his reputation, eliminating the influence and making an apology. And may, at the request of the injured party, order it to compensate the corresponding compensation for mental damage. " Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "the people's court shall accept the case where the obligee for compensation has been infringed upon his life, health and body and sued the obligor for property loss and mental damage." Article 18 stipulates that "if the victim or a close relative of the deceased suffers mental damage and the obligee requests compensation from the people's court, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort".