Traffic accident death compensation refers to an incident in which a vehicle causes personal injury due to a fault or accident on the road. Compensation is a kind of compensation for the material income loss caused by the injurer to his close relatives. Compensation items include: death compensation, funeral expenses, living expenses of dependents, transportation expenses of family members, accommodation expenses of family members, lost time, mental damage compensation, etc. The amount of compensation for traffic accident death in Shanxi is determined according to the relevant statistical data of the previous year published by the government statistical department. Therefore, when calculating the amount of compensation for traffic accident death in Shanxi, the parties concerned should find out the relevant data to determine the calculation standard of compensation items.
Shanxi Traffic Accident Death Compensation Standard
Contents of traffic accident death compensation in Shanxi Province in 2023;
1, death compensation:
Urban residents 22456×20 = 449 120 yuan.
Rural residents 7 154 ×20 = 143080 yuan.
2. Calculation formula of funeral expenses compensation:
Funeral expenses: 46407÷ 12 months ×6 months =23203.5 yuan.
3. Living expenses of the dependents:
1, urban residents: 13 166× (years of support )× (share to be borne )× (percentage of disability) = ()
2. Rural residents: 60 17× (years of maintenance required )× (share to be borne )× (percentage of disability) = ()
4. Medical expenses
Registration fee+treatment fee+medical fee+hospitalization fee+other medical expenses should be combined with the patient's case and diagnosis certificate.
5. Nursing expenses
According to the income of nursing staff, the number of nurses and the length of nursing time.
If the nursing staff has income, it shall be calculated with reference to the standard of lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
6. The victim lost time.
According to the victim's income and lost time.
The victim's fixed income (day/month/year) × lost time or (average income in the last three years or average salary of employees in the same (near) industry in the last year ÷365 days) × lost time.
7, hospital food subsidies
Hospitalization food allowance × hospitalization days
8. Transportation costs
According to the actual expenses incurred by the victims and their necessary nursing staff for medical treatment or transfer to other hospitals.
9. Nutritional feed
According to the disability of the victim and referring to the opinions of medical institutions.
10, mental damage compensation
According to the victim's injury, it is generally impossible to assess the level of disability, and there is no such fee. The specific amount of mental damage compensation that can be obtained for each disability level is mainly at the discretion of the judge.
The infringer is a natural person, generally 1000 to10000; If the infringer is a legal person or other social organization, the compensation shall generally be five to ten times the compensation standard for natural persons. If the consequences of the damage are particularly serious, the compensation standard may be appropriately raised on the basis of the above.
1 1. Accommodation fee
If the victim really needs to go to other places for treatment, but cannot be hospitalized for objective reasons, the accommodation expenses actually incurred by the victim himself and his nursing staff; Accommodation expenses expressed by the relatives of the victim for funeral matters when the victim dies.
12, property loss
The traffic accident compensation project may also include direct property losses (the actual value of property losses directly caused by traffic accidents, which are settled according to invoices and rationality) and operating vehicle losses.