Calculation method of traffic accident death in Zhuxi County
1、 Data publicized by the Statistics Bureau of Zhuxi County:
1. The per capita disposable income of provincial residents in the previous year was 32914 yuan;
2. The per capita disposable income of urban households in the previous year was 42626 yuan;
3. The per capita disposable income of rural households in the previous year was 19709 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 29121 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 18991 yuan;
6. Average wages of employees in all industries and industries of the province in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery 45443 yuan
(2) Mining industry 72176 yuan
(3) Manufacturing 65401 yuan
(4) 126544 yuan for power, heat, gas and water production and supply industry
(5) Construction industry 69118 yuan
(6) Wholesale and retail trade 59319 yuan
(7) Transportation, warehousing and postal services 89956 yuan
(8) 48062 yuan for accommodation and catering
(9) 117569 yuan for information transmission, software and information technology service industry
(10) Financial industry 133845 yuan
(11) Real estate 64806 yuan
(12) Leasing and business services 64145 yuan
(13) Scientific research and technical service industry 111101 yuan
(14) Water conservancy, environment and public facilities management industry 75677 yuan
(15) 49572 yuan for resident service, repair and other service industries
(16) Education 99573 yuan
(17) Health and social work 117101 yuan
(18) Culture, sports and entertainment industry 79051 yuan
(19) 117979 yuan for public management, social security and social organizations
2、 Calculation method of death compensation for traffic accidents in Zhuxi County:
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, 20-40 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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