Does the traffic accident lawyer's fee include medical treatment?

Legal analysis: the lawyer's fee for traffic accidents does not include medical expenses. Traffic accident compensation Project refers to the items included in the compensation given by the injurer to the victim in traffic accidents, mainly including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal expenses, disability compensation, disability assistive devices expenses, funeral expenses, living expenses of dependents, death compensation, spiritual damages and so on. According to Article 19 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, medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity of treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.

Legal basis: Article 1 179 of the Civil Law of People's Republic of China (PRC) infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the reduced income due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing a major accident, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents Article 2 A traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances: (1) One person is killed or more than three people are seriously injured, and he is fully or mainly responsible for the accident; (2) An accident in which three or more people died and were equally responsible; (3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan. If a traffic accident causes serious injuries to more than one person and bears all or major responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) Driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving with knowledge of unlicensed or scrapped motor vehicles; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.