1. Generally, it is necessary to calculate the standard of living expenses of the dependents according to the degree of disability of the dependents and the standard of per capita consumption expenditure of urban residents and per capita annual consumption expenditure of rural residents in the last year where the court where the case is brought is located. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
2. Legal basis: Article 17 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.
The living expenses of the dependents shall be calculated according to the degree of loss of working ability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the court of appeal 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 or the per capita annual living consumption expenditure of rural residents in the previous year.
Second, what is the scope of family members?
The scope of supporters mainly refers to minors raised according to law, including:
1, minor children (including adopted children and stepchildren who have formed a dependency relationship);
2. Minor grandchildren whose parents have died or whose parents are unable to support them;
3. Minor brothers and sisters whose parents are both dead or whose parents are unable to support them.