Beijing Traffic Accident Death Calculation Method
1、 Publicized data of Beijing Municipal Bureau of Statistics:
1. The per capita disposable income of the whole city in the previous year was 77415 yuan;
2. The per capita disposable income of urban households in the previous year was 84023 yuan;
3. The per capita disposable income of rural households in the previous year was 34754 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 45617 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 23745 yuan;
6. In the previous year, the average wage of all urban unit employees in Beijing was 127535 yuan (10628 yuan/month);
7. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 77376 yuan
(2) Mining industry 152773 yuan
(3) Manufacturing 169210 yuan
(4) Electricity, heat, gas and water production and supply industry 198210 yuan
(5) Construction industry 146308 yuan
(6) Wholesale and retail 180062 yuan
(7) Transportation, warehousing and postal services 134361 yuan
(8) 63642 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 290038 yuan
(10) Financial industry 298200 yuan
(11) Real estate 131866 yuan
(12) 168331 yuan for leasing and business services
(13) Scientific research and technical service industry 215797 yuan
(14) 114095 yuan for water conservancy, environment and public facilities management
(15) 78845 yuan for resident service, repair and other service industries
(16) Education 201129 yuan
(17) Health and social work 216920 yuan
(18) Culture, sports and entertainment industry 224007 yuan
(19) Public management, social security and social organizations 176154 yuan
2、 Calculation method of death compensation for traffic accidents in Beijing:
1. Medical expenses
Medical expenses=registration fee+diagnosis and treatment fee+medical expenses+hospitalization expenses+other medical expenses, which should be combined with the patient's case and diagnosis certificate
(1) Including registration fee, medical fee, examination fee, hospitalization fee and others.
(2) The medical expenses shall be determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institutions, combined with the medical records, diagnosis certificates and other relevant evidence.
(3) The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance.
(4) The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training.
2. Lost time cost
Lost time pay=the victim's fixed income (day/month/year) × lost time or (the average income of the last three years or the average wage of employees in the same (near) industry where the court is located in the last year ÷ 365 days) × lost time days
(1) The lost time fee is determined according to the lost time and income of the victim.
(2) The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment.
(3) If the victim continues to be absent from work due to disability, the time of absence may be calculated to the day before the date of disability determination.
3. Nursing expenses
It is determined according to the income of nursing staff, the number of nurses and the duration of nursing
If the nursing staff has income, it shall be calculated by referring to the standard of work delay fee; If nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of local nursing workers engaged in nursing of the same level
4. Transportation expenses
Calculated according to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital
5. Hospitalized food allowance
Hospitalized food allowance=food allowance standard for general staff of local state organs on business trip (yuan/day) × length of stay
If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the actual accommodation and food expenses (reasonable part) of the victim and his/her caregivers also belong to the category of hospitalization food subsidies
6. Nutrition expenses
According to the disability of the victim and the opinions of the medical institution, 20-40 yuan/day × nutrition period
7. Accommodation expenses
The accommodation expenses actually incurred by the victim and his/her nursing staff when the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation fees indicated by the victim's relatives for funeral when the victim dies
8. Funeral expenses
Amount of compensation for funeral expenses=average monthly wage standard of employees in the previous year at the location of the court of appeal × 6 months
9. Death compensation
(1) The victim is under 60 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 20 years
(2) The victim is between 60 and 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the last year where the court is located × (80 age)
(3) The victim is over 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years
10. Living expenses of dependants
(1) The dependant is under the age of 18
Amount of compensation for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × (18 - actual age of dependants) ÷ number of dependants
(2) The dependant is between 18 and 60 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependents=(per capita consumption expenditure of urban residents in the last year where the court is located × 20 years) ÷ number of dependents
(3) The dependant is 60-75 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × [year - (actual age of dependants - 60)] ÷ number of dependants
(4) The dependant is over 75 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the previous year where the court is located × 5 years ÷ number of dependents
(5) When there are several dependants
If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year
11. Comfort fund for mental damage
The spirit damage solatium refers to that when the victim suffers serious personal injury, disability or death, the victim and his close relatives suffer great mental trauma, and based on this, the compensation obligor is required to pay a certain amount of compensation to the victim and his close relatives. The specific amount should be based on the degree of fault of the infringer, the consequences of the traffic accident Comprehensive determination of the infringer's economic capacity, local economic development and other factors
12. Property loss
The compensation items for traffic accidents may also include the expenses incurred for repairing the damaged vehicle, the loss of the articles contained in the vehicle, the vehicle rescue fee, the replacement fee for the vehicle that is lost or cannot be repaired, the reasonable shutdown loss caused by the inability to engage in corresponding business activities, and the reasonable expenses of the ordinary alternative transportation vehicles caused by the inability to continue using non business vehicles
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