Calculation Method of Traffic Accident Death in Yudu County
1、 Data publicized by Yudu County Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 30610 yuan;
2. The per capita disposable income of urban households in the previous year was 41684 yuan;
3. The per capita disposable income of rural households in the previous year was 18684 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 24587 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 15663 yuan;
6. In the previous year, the average annual salary of employees in urban non private units in Yudu County was 86116 yuan;
7. Average wage of urban private sector employees in Yudu County last year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 39839 yuan
(2) Mining industry 54728 yuan
(3) Manufacturing 54909 yuan
(4) Electricity, heat, gas and water production and supply industry 59311 yuan
(5) Construction industry 53360 yuan
(6) Wholesale and retail trade 49200 yuan
(7) 55893 yuan for transportation, warehousing and postal services
(8) 42472 yuan for accommodation and catering
(9) 57568 yuan for information transmission, software and information technology services
(10) 49172 yuan for financial industry
(11) Real estate industry 57721 yuan
(12) Leasing and business service industry 49732 yuan
(13) 54422 yuan for scientific research and technical service industry
(14) Water conservancy, environment and public facilities management industry 31701 yuan
(15) 43745 yuan for resident service, repair and other services
(16) Education 47176 yuan
(17) Health and social work 62312 yuan
(18) Culture, sports and entertainment industry 45092 yuan
2、 Calculation method of death compensation for traffic accidents in Yudu County:
1. Medical expenses
Medical expenses=registration fee+diagnosis and treatment fee+medical expenses+hospitalization expenses+other medical expenses, which shall be calculated based on the patient's medical record, diagnosis certificate and medical expense list
2. Rehabilitation fee, plastic surgery fee and other follow-up treatment fees
According to the actual calculation of the inevitable expenses determined by the medical advice or the judicial expertise opinion, if the medical advice is inconsistent with the judicial expertise opinion, the judicial expertise opinion generally prevails
3. Delay cost
(1) The claimant to compensation has a fixed income from proof
Lost time cost=actual reduced income due to lost time
(2) The compensation obligee cannot prove that he has fixed income and is engaged in agricultural production
Lost time cost=average annual wage of farmers, forestry, animal husbandry and fishery employed by private units in urban Yudu County last year (yuan/year) ÷ 365 (days) × lost time (days)
(3) The compensation obligee cannot prove that he has fixed income, others
Lost time cost=average annual wage of urban private unit resident service and other service industry employees in Yudu County last year (yuan/year) ÷ 365 (days) × lost time (days)
4. Nursing expenses
Prove the need for care, duration of care, degree of dependence on care, etc. according to medical advice or judicial expertise
(1) Nursing during hospitalization
Nursing cost=130 (yuan/day) × days of hospitalization (days)
(2) Short term care after discharge
Nursing fee=120 (yuan/day) × days of medical care (days)
(3) Long term rehabilitation care after discharge
Nursing cost=120 (yuan/day) × nursing years × 365 (days) × compensation proportion corresponding to nursing dependence
5. Transportation expenses
(1) Local medical treatment
Transportation cost=30 (yuan/day) × outpatient times or hospital stay
(2) Out of town medical treatment
Taking long-distance bus, train and other means of transportation shall be calculated according to the actual transportation fee invoice, but generally shall not exceed the travel standard of national general staff in the place of medical treatment. Other transportation costs shall be calculated according to the standard for medical treatment in the same city
6. Hospitalized food allowance
Board allowance for hospitalization=60 (yuan/day) × days of hospitalization (days)
The compensation obligee shall provide medical records, hospitalization records and other evidence to prove the fact of hospitalization and the number of days of hospitalization
7. Nutrition expenses
Nutrition cost=30 (yuan/day) × nutrition period (day)
8. Accommodation and board expenses for medical treatment in other places
(1) Accommodation expenses
According to the accommodation invoice, if the place of medical treatment is in a prefecture level city, it generally does not exceed 220 yuan/day; if the place of medical treatment is in a provincial capital city or municipality directly under the Central Government, it generally does not exceed 320 yuan/day
(2) Meals
Board expenses generally do not exceed 60 yuan/day
9. Funeral expenses
Funeral expenses=the average monthly salary (January) of non private employees in urban Yudu County in the previous year × 6 months
10. 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
11. 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
12. Comfort fund for mental damage
The consolation fund for supporting mental damage is limited to the serious mental damage of the victim or his close relatives caused by the traffic accident. The specific amount shall be determined comprehensively according to the fault degree of the infringer, the consequences caused by the traffic accident, the economic capacity of the infringer, the local economic development and other factors.
13. 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
14. Appraisal fee
The appraisal fee shall be confirmed according to the amount contained in the invoice issued by the appraisal institution
15. Legal costs
Litigation fees shall be handled in accordance with the provisions of the Court's Measures for Payment of Litigation Costs
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