1. How much is the compensation for tens of thousands of people killed?
Where the victim dies due to a traffic accident, it mainly includes the following compensation items:
1. 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 the calculation period is 20 years. However, for those over 60 years old, the age does not increase 1 year, but decreases 1 year; Over 75 years of age, calculated by 5 years.
2. Funeral expenses shall be paid according to the standard of 6-month average salary of employees with difficulties where the appeal court is located;
3. The living expenses of the dependents, if the dependents are minors, shall be calculated as 18 years old; If there is no ability to work and no other source of income, it is calculated as 20 years. However, for those over 60 years old, the age does not increase 1 year, but decreases 1 year; Over 75 years of age, calculated by 5 years.
4, family transportation, in principle, not more than three people to deal with traffic accidents reasonable transportation; More than three people count.
5, family accommodation, in principle, no more than three people to deal with traffic accidents reasonable accommodation; More than three people count.
6, family lost time, in principle, not more than three people to deal with traffic accidents reasonable lost time; More than three people count.
7. Mental damage. The amount of compensation for mental damage varies according to the local economic development recorded by the Court of Appeal.
8. Rescue expenses. According to the actual calculation.
Distribution of Death Compensation Theoretically, death compensation should be shared by all relatives with plaintiff qualification, everyone's share is the same, and the compensation amount is the same. However, considering the different situations of the relatives and members of the victims, the interests of adults and minors who have no ability to work and no source of livelihood should be properly taken care of.
All relatives who are qualified as plaintiffs are close relatives of the deceased. "Close relatives" in the Civil Procedure Law refer to spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren. Spouse, parents and children are the plaintiffs in the first order. Only if the deceased has no relatives in the first order can other close relatives enjoy the plaintiff qualification.
The people's court shall not divide the death compensation if the relatives of the victim have not filed a lawsuit to request division. This is to implement the principle of "no prosecution, no concern" in civil litigation. The people's court cannot take the initiative to deprive or empower the parties without making a request to the court.
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Second, the calculation of death compensation
Death compensation is calculated according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located, and is calculated according to 20 years. However, for those over 60 years old, every increase in age 1 year decreases 1 year; Over 75 years of age, calculated by 5 years. The specific calculation formula is:
(1) Death compensation (persons under 60 years old) = per capita disposable income of urban residents or net income of rural residents in the last year where the court of appeal is located ×20 years;
(2) Death compensation (persons over 60 years old) = per capita disposable income of urban residents or net income of rural residents in the last year where the court of appeal is located (20 years-increasing age);
(3) Death compensation (persons over 75 years old) = per capita disposable income of urban residents or net income of rural residents in the last year where the court of appeal is located ×5 years.
Third, the compensation factors affecting death compensation
1, death compensation is related to the economic level of the court.
Of course, if the economic level of the court of appeal is good, and the per capita disposable income of urban residents or the per capita net income of rural residents is high, then the total amount of death compensation will be higher.
2. Death compensation is related to the account of the deceased.
In the same area, the per capita disposable income of urban residents and the per capita net income of rural residents are inconsistent, and sometimes there is a huge difference, which may lead to several times different amounts of death compensation. Therefore, the law stipulates the conditions for rural hukou to obtain death compensation according to the income standard of urban residents, and the close relatives of the deceased can actively strive for it according to the conditions.
3. Death compensation is related to the physiological age of the deceased.
When the victim is older, according to the characteristics of life, it is not suitable for large-scale death compensation. Therefore, national laws relate the age of death compensation to the age of people. The older the victim is, the less death compensation he gets.
Drivers must take the initiative to make reasonable compensation for their families because of some mistakes after the accident, and in order to avoid disputes between the two sides on the amount of compensation, it is necessary to know what the fixed compensation standard is.