Calculation Method of Traffic Accident Death in Nanping
1、 Data publicized by Nanping Bureau of Statistics:
1. The per capita disposable income of provincial residents in the previous year was 43118 yuan;
2. The per capita disposable income of urban households in the previous year was 53817 yuan;
3. The per capita disposable income of rural households in the previous year was 24987 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 35692 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 20467 yuan;
6. Average wages of employees in all industries and industries in the province last year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 69504 yuan
(2) Mining industry 67457 yuan
(3) Manufacturing industry: 86707 yuan
(4) Electricity, heat, gas and water production and supply industry 134343 yuan
(5) Construction industry 73221 yuan
(6) Wholesale and retail business 97427 yuan
(7) 109125 yuan for transportation, warehousing and postal service
(8) 50328 yuan for accommodation and catering
(9) 143350 yuan for information transmission, software and information technology service industry
(10) Financial industry 131573 yuan
(11) Real estate industry 91617 yuan
(12) 75274 yuan for leasing and business services
(13) Scientific research and technical service industry 139416 yuan
(14) 69001 yuan for water conservancy, environment and public facilities management
(15) 76355 yuan for resident service, repair and other service industries
(16) Education 111035 yuan
(17) Health and social work 142942 yuan
(18) 96891 yuan for culture, sports and entertainment
(19) 126864 yuan for public management, social security and social organizations
2、 Data released by Xiamen Municipal Bureau of Statistics:
1. Last year, the per capita disposable income of all residents in Xiamen was 67999 yuan;
2. The per capita disposable income of urban households in Xiamen last year was 70467 yuan;
3. The per capita disposable income of rural households in Xiamen last year was 32323 yuan;
4. Last year, the per capita consumption expenditure of Xiamen urban residents was 45165 yuan;
5. Last year, the per capita consumption expenditure of rural residents in Xiamen was 26696 yuan;
6. Last year, the average annual salary of on duty employees in Xiamen was 108554 yuan
3、 Calculation method of death compensation for traffic accident in Nanping:
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
2. Lost time cost
Determined according to the income of the victim and the time lost
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
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, 20-50 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
General areas in Nanping (except Xiamen): calculated according to the per capita disposable income of urban residents in Nanping last year
Xiamen, Nanping: calculated according to the per capita disposable income of urban residents in Xiamen last year
(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 urban residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years
10. Living expenses of dependants
General areas in Nanping (except Xiamen): calculated according to the per capita consumption expenditure standard of Nanping in the previous year
Nanping Xiamen: calculated according to the per capita consumption expenditure standard of Xiamen in the previous year
(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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