How to calculate the death compensation?
Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases contains clear provisions.
The death compensation shall be calculated on the basis of the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years.
The per capita disposable income of urban residents is the basis for calculating death compensation, so how to inquire about the per capita disposable income of urban residents?
The statistics offices of each province publish the data every year. You can go to the ** of the Provincial Bureau of Statistics to check the accurate data.
For example, the per capita disposable income of urban permanent residents in Heilongjiang Province in 2022: 35,042 yuan per year, and the death compensation is 700,840 yuan according to 20 years.
If the deceased is under the age of 60, it is calculated according to the above standard, and if the deceased is over 60 years of age, it will be reduced by one year for each additional year;For example, if the deceased is 61 years old, then the death benefit will be reduced by one year, calculated according to 19 years. For example, if the deceased is 65 years old, then the death benefit will be reduced by 5 years, and it will be calculated according to 15 years.
If the deceased is over 75 years old, it will be counted as five years. For example, if the deceased is 76 years old or 77 years old, the death compensation will be calculated according to 5 years.