1. The compensation standard for accidental drowning death is as follows: The compensation standard for accidental drowning death of children is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, that is to say, one-time compensation is 20 years, and the death compensation is fixed. If the victim is over 60 years old, the age will decrease by 1 year. Those over 75 years old shall be counted as 5 years. The object of death compensation is residual life, but it is not completely residual life. Those who are too young will be compensated in 20 years, and those who are older will be reduced by one year every year.
2. Legal basis: Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases is calculated according to the per capita disposable income of urban residents in the last year where the Court of Appeal is located, and the calculation period is 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Article 16 The living expenses of the dependents are included in the disability compensation or death compensation.
Article 17 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure standard of urban residents in the previous year where the appeal court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.
Second, the standard of compensation for accidental injury
1, medical expenses
Compensation for medical expenses should generally be based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. If necessary, you can entrust a forensic expert to identify it.
The local treatment hospital generally refers to the hospital close to the victim's residence or the place where the infringement occurred.
If the victim has been treated in several hospitals with basically the same distance, the medical expenses of the first hospital should generally be determined, except for treatment mistakes or other special circumstances in this hospital.
2. Lost time cost
The victim's absenteeism date shall be determined according to the actual damage degree and recovery status, and with reference to the certificate issued by the forensic appraisal or treatment hospital.
If the victim's actual missed work date is less than the leave certificate, it shall be determined by his actual missed work date; If the actual working date is more late than the leave certificate, it is generally determined by the leave certificate.
3. Food expenses
4. Nursing expenses
The victim's self-care ability after being killed should generally be identified by forensic identification or the certificate issued by the treatment hospital.
If the victim really can't take care of himself, he shall compensate for his nursing expenses.
5. Transportation costs
If the victim goes to a local hospital for treatment or must be transferred to another hospital for treatment, he shall compensate himself and the necessary nursing staff for their transportation expenses.
6. Residence
If the victim who must go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injury does not allow him to return home, or the transportation fee to and from home is higher than the accommodation fee, he should compensate himself and the necessary nursing staff for their accommodation fee.
7. Nutritional feed
If the victim is seriously injured and it is really necessary to supplement nutritious food as adjuvant treatment, the expenses may be compensated as appropriate.
8. Disability compensation
Anyone who infringes upon another person's body and causes him to lose the ability to work in whole or in part shall pay disability compensation.
9. Disability appliance fee
10, funeral expenses
Funeral expenses generally include transporting corpses, cremation, ordinary urns and storing the first ashes.
1 1, death compensation
If infringement causes death, a certain amount of death compensation shall be paid to the family of the deceased.
12, living expenses
The person who relies on the actual support of the victim refers to the person who actually supported, supported and raised before the victim died or lost his ability to work, and had no other source of income.
13, solatium
Spiritual damage consolation money is a kind of economic compensation for the infringement of the infringer and the physical pain or physical disability or death caused to the victim or his close relatives. The specific amount of mental damage compensation shall be decided by the court according to the actual situation.