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How to calculate the compensation for the death of traffic accident with the registered permanent residence of the neighborhood committee

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How to calculate the compensation for the death of traffic accident with the registered permanent residence of the neighborhood committee


        

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  • 2024-06-28 21:00:52

    Compensation items include:
    4. Transportation expenses
    5. Delay fee and transportation fee for funeral
    6. Hospitalized food allowance
    9. Living expenses of dependants
    10. Death compensation
    11. Solatium for mental damage, etc.
    In case of death on the spot, there is generally no medical expense, work delay expense, nursing expense, hospitalization food allowance and nutrition expense. If the claim is criminal incidental civil compensation, there is no consolation for mental damage.
    [Lost Time]
    1. With fixed disability, from the day of accident to the day before disability identification.
    2. Undetermined disability, subject to the doctor's advice, from the day of accident to the end of recuperation
    [Average economic loss]
    1. Number of days in the current month with fixed income
    2. The average wage of the employees in the same industry in the court without fixed income in the previous year was 365 (days), and the average economic loss of the lost time
    2、 Nursing fee: nursing period (days) (50100) yuan/day
    3、 Transportation expenses: actual expenses incurred for medical treatment, transfer to another hospital, and handling of matters related to traffic accidents, based on official bills
    4、 Accommodation fee: Accommodation period (days) (50100) yuan/day [determined by the economic level of the court district (city)]
    5、 Board allowance for hospitalization: hospitalization period (days): 50 yuan/day [determined by the economic level of the court (city)]
    6、 Nutrition fee: supplementary nutrition (day): (50100) yuan/day [the decision of the court on the economic level of the district (city)] [the summary of doctor's orders for discharge has the words "strengthen supplementary nutrition"]
    7、 Disability compensation: [Base] Last year in the court city
    1. Recruitment of per capita disposable income of residents
    2. Per capita net income standard of rural residents
    8、 Fees for disability assistive devices: calculated according to the standard of common and applicable devices with reference to the hospital's opinions
    9、 Appraisal fee: the appraisal fee invoice issued by the disability appraisal institution shall be determined
    10、 Living expenses of the dependants: [Base] Last year in the court city
    1. Recruitment of per capita consumption expenditure of residents
    2. Per capita living consumption expenditure standard of rural residents
    11、 Follow up treatment fee: subject to the diagnosis certificate of the hospital or the certificate of the identification center, including the medical fees really needed for the follow-up treatment, and the necessary nursing fees, missed work fees, transportation fees, accommodation fees, etc
    12、 Mental consolation fund: 5000 yuan 100000 yuan [determined by the economic level and disability level of the court district (city)]
    13、 Funeral expenses: the average salary of employees in the court (city) in the previous year (yuan) 6 (months)
    14、 Death compensation:
    [Base] Last year in the court city
    1. Recruitment of per capita disposable income of residents
    2. Per capita net income standard of rural residents
    Article 17 of the Full Text of Judicial Interpretation on Compensation for Personal Injury: If the victim suffers from personal injury, the compensation obligor shall compensate for all expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance, and necessary nutrition expenses.
    If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increased living needs and the income loss caused by the loss of working ability, including disability compensation, disability auxiliary equipment fees, the living expenses of the dependants, as well as the necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment.
    If the victim dies, the compensation obligor shall, in addition to the relevant expenses specified in the first paragraph of this article according to the rescue and treatment, compensate for the funeral expenses, the living expenses of the dependants, the death compensation fees, as well as other reasonable expenses such as the transportation expenses, accommodation expenses and loss of work delay paid by the relatives of the victim for funeral matters.

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