[Direct answer]In the Beijing area, the dependents of the deceased can obtain compensation by claiming the deceased's living expenses, which are legally included in the death compensation. According to Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022 and effective from May 1, 2022), the living expenses of the dependents shall be calculated according to the per capita consumption expenditure standard of urban residents in the place where the court is located in the previous year: for minors, the calculation shall be made until the age of 18; for those who are incapacitated for work and have no other sources of livelihood, the calculation shall be made for 20 years; for those over the age of 60, the calculation shall be reduced by one year for each additional year; and for those over the age of 75, the calculation shall be made for five years. According to Article 118 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the deceased's close relatives have the right to request the infringer to bear tort liability.

1. Problem background and typical scenarios

These types of problems are common in several situations: First, the deceased was the main source of income for the family, leaving behind minor children who need to be supported until they reach adulthood; Second, the deceased's parents are elderly and have no pension or other sources of income, and relied on the deceased for support during their lifetime; Third, the deceased has disabled close relatives who require long-term care; Fourth, there are multiple dependents, and the family members are unclear about their respective shares and the total amount limit; Fifth, in remarried families, there are disputes over the support eligibility of children from previous marriages and stepparents, and those involving family identity relationships can be referred to for reference.Marriage and family matters, and divorce litigationThe column. When handling similar cases in the Beijing area, the court focuses on reviewing two basic facts: the qualification of the dependents and the standard of consumption expenditure. If the evidence is complete, the calculation process will proceed relatively smoothly.

II. Key points of contention

1. The eligibility of dependents, referring to minors who are legally obligated to be supported by the deceased, as well as adult close relatives who have lost their ability to work and have no other sources of income. Whether elderly people with pensions and social security income belong to those with other sources of income is often a subject of controversy. 2. The definition of close relatives. According to Article 1045 of the Civil Code of the People's Republic of China, spouses, parents, children, siblings, grandparents, grandchildren, and great-grandchildren are considered close relatives. 3. The calculation of the time period. For minors, the calculation period ends at the age of 18; for adult dependents, it is 20 years, with a decreasing rate based on age. 4. When multiple dependents exist simultaneously, the total annual compensation amount shall not exceed the per capita consumption expenditure of urban residents in the previous year. 5. The relationship between this compensation and the death compensation. It shall be included in the death compensation and calculated together. 6. The deduction of liability ratios and evidence requirements. Proof of the support relationship and proof of no other sources of income are key. For specific matters, please refer to the currently effective laws, regulations, and judicial rulings. For compensation distribution issues, additional reference may be made to relevant materials.Inheritance and division of the estateA column that provides reference information on the execution of fundsCreditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Judging from the practical experience of the lawyers handled by our firm, the living expenses of dependents are most likely to be overlooked or underestimated. Common situations include: family members only list death compensation and funeral expenses in the lawsuit, without claiming living expenses for dependents, resulting in a lack of support sources for minor children in the next ten years; for elderly dependents without pensions, failing to timely issue a certificate proving that they had no living sources and were supported by the deceased during their lifetime, making it difficult for the court to determine the fact of support; and there is weak evidence to prove whether a de facto support relationship has formed between step-parents and step-children, which hinders the claim. Our lawyers suggest that before suing, lawyers should sort out the age, labor ability, and income sources of the deceased's direct relatives one by one, prepare birth certificates and school certificates for minor children, prepare certificates proving that the elderly dependents have no pensions, and statements on the support situation issued by village committees or communities. Then, calculate the living expenses for each person according to the consumption expenditure standards and formula for years. In the judicial practice of Beijing courts, claims for dependents with sufficient evidence are generally supported in full or in proportion to the liability.

IV. Practical suggestions and legal basis

Action suggestions: First, draw a family relationship map to clarify the identity and basis of support for each dependent; Second, collect materials such as birth certificates, household registration books, proof of no living sources, and disability certificates separately; Third, calculate the duration and amount for each dependent according to the formula, and pay attention to the upper limit of the total annual compensation for multiple dependents; Fourth, include this claim in the lawsuit together with other compensation items to avoid a second lawsuit; Fifth, it is advisable to confirm the distribution of the compensation in writing after it is paid, and the key points of the relevant documents can be referred to for reference.Special services and other casesThe column. In terms of legal basis, Article 1045 of the Civil Code of the People's Republic of China defines the scope of close relatives, and Articles 1179 and 1181 establish the compensation items for death and the right of claim of close relatives; Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022 and effective from May 1, 2022) specifies that the living expenses of the dependents shall be included in the death compensation and its calculation standards and time limit rules.

5. Henglue Law Firm's Reminder

Risk Alert: Firstly, if the claim for the living expenses of the dependents is raised together with the death compensation, and the claim is omitted, the dependents will lose the right to this compensation, and it will be difficult to raise the claim afterwards; Secondly, if the age of the dependents exceeds the age bracket, the calculation result of the period will change, so it is advisable to raise the claim as soon as possible and calculate it according to the status at the time of suing; Thirdly, if the dependency relationship is fabricated or exaggerated and verified, it will affect the credibility of the overall compensation claim; Fourthly, the part of the compensation intended for the dependents should be managed with special funds to avoid being mixed with other funds. It is recommended to consult as soon as possibleBeijing Henglu Law FirmOn the official website, similar columns are handled by professional lawyers who verify each case and collect evidence in a standardized manner.

VI. Frequently Asked Questions

Q1: Can I win the lawsuit regarding the living expenses of the dependent person?

Whether or not support can be granted depends on whether the two facts of the dependency relationship and the absence of other sources of livelihood can be proven. Minor children have the strongest claim; elderly parents need to prove that they have lost their ability to work and have no sources of livelihood such as pensions; stepchildren need to prove that a de facto dependency relationship has been formed. If the evidence is sufficient, after calculating according to the standard of consumption expenditure and the formula of years, full support or support in proportion to the degree of responsibility can usually be granted. The key is that the qualification evidence is complete, and you can refer to it for reference.Personal injury and medical disputesColumn.

Q2: What evidence is needed to prove a dependency relationship?

The following documents should be prepared: proof of kinship, such as birth certificates, household registration books, and certificates issued by public security organs; proof that the minor is still studying; proof that the elderly dependents have no pension or living sources, and a statement on the situation of support issued by the village committee or the community; medical certificates proving that the disabled or sick individuals have lost their ability to work; and transfer records and receipts showing that the deceased actually paid support fees during their lifetime. Keeping records for each person will provide a basis for accounting.

Q3: Approximately how much does it cost to litigate this type of case?

The living expenses of the dependents are usually claimed together with the death compensation. The attorney's fees are evaluated based on the overall complexity of the case and the amount of the claim, and are not charged separately. The litigation fees are charged in stages according to the amount of the claim, and the successful portion is shared proportionally. This calculation rule is clear, and the main costs lie in evidence collection and individual accounting. It is recommended to consult and budget based on the number of dependents and the completeness of the evidence first.

Q4: How long will it take to receive the living allowance for the dependent person?

The statute of limitations for personal injury compensation lawsuits is three years. The first-instance ordinary procedure generally lasts no more than six months, and the corresponding period is extended if it involves multiple beneficiaries' qualification review or appraisal. The second-instance procedure usually lasts about three months. The beneficiaries' living expenses are legally included in the death compensation and paid together with the overall compensation, usually without the need for separate waiting. It is advisable to file a lawsuit as soon as possible to avoid the beneficiaries' age crossing the age brackets affecting the calculation of the statute of limitations.

Q5: What is the relationship between the living expenses of the dependents and the death compensation?

The living expenses of the dependents shall be included in the death compensation in accordance with the law and shall not be an additional independent compensation. When claiming compensation, the calculation process should be listed separately to facilitate the court's review. Where there are multiple dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year, and the funds shall be allocated to ensure that the corresponding dependents are supported. The claim for related items can be referred to for reference.Personal injury and medical disputesColumns, listing each item to prevent omissions.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.