1. Do you still need a lawyer to defend the car accident?
You don't have to hire a lawyer to take full responsibility for a car accident, but of course it is recommended that the main person responsible for the car accident hire a lawyer if conditions permit. Because lawyers can help the parties to deal with the whole traffic accident quickly through a professional attitude, if the circumstances of the traffic accident are relatively minor, it is beneficial for all parties involved in the traffic accident to hire lawyers.
You don't have to hire a lawyer to take full responsibility for the car accident. It depends on the evidence and my familiarity with the law. If conditions permit, it is best to entrust a lawyer. The benefits of hiring a lawyer in a car accident mainly include:
(1) Hiring a professional lawyer to represent the lawsuit will not generate a lot of attorney fees, saving time and worry. The injured party in a traffic accident personal injury compensation case may claim to bear the lawyer's fee. The general court will support reasonable legal fees or even all legal fees. To entrust a lawyer to sue, you only need to sign a power of attorney, sign a contract to hire a lawyer and get paid, and prepare relevant materials under the guidance of a lawyer. Professional traffic accident lawyers can help you complete the litigation process quickly and professionally. Victims can rest at home and their families can accompany them carefully until the case is over and they can get compensation smoothly.
(2) There are many compensation items involved in traffic accidents, and the calculation is complicated. It involves medical expenses, appraisal fees, disability compensation, death compensation, dependents' living expenses, nutrition fees, lost time, transportation fees, mental damage compensation and more than a dozen other compensation items. Each item needs relevant evidence to support it. These evidence materials have strict format and content requirements, and only the evidence obtained under the guidance of professional lawyers can be adopted by the court to the maximum extent. After years of professional study, passing the national judicial examination, and one or more years of internship, professional lawyers can formally practice, and after practicing, they have accumulated a lot of rich experience in litigation cases, which is incomparable for victims to consult several lawyers and read relevant laws and regulations for a few days. After many victims sue by themselves, due to insufficient evidence, the compensation items can not be supported by the court, and the compensation amount will be much less. Even if they regret it, they will no longer handle the lawsuit.
(3) In traffic accident personal injury compensation cases, there are many and complicated parties besides the driver and the owner, and there are also insurance companies. Once one party is sued less, it may be considered as giving up the right to claim compensation from the obligor and losing the guarantee of compensation. Moreover, drivers, car owners and insurance companies all have special lawyers. Without the help of a professional lawyer, the opposing lawyer will seize some loopholes in evidence and even make misleading statements against you during the court trial, and the compensation for the case is likely to be greatly reduced. The case can only be prosecuted once, which is a one-time transaction. Without a lawyer, you can't guarantee enough compensation, and it's too late to regret it.
(4) In China, people who live the same life but have different prices have been criticized. There is a huge salary gap between rural hukou and urban hukou. In some cases, people with rural hukou can be compensated according to urban hukou, but all kinds of evidence are needed. Any evidence missing or slightly different in content will not be compensated by the city standard. Under the guidance of professional lawyers, the parties can collect more complete evidence materials and fully safeguard their rights and interests.
(5) The appraisal of disability level, the preservation of litigation property, the execution of advance compensation and the execution of litigation procedures all require lawyers' professional litigation experience and skills. If they are not handled properly, they may cause you huge losses.
Two, special circumstances can not entrust a lawyer.
In the case that the vehicle of the perpetrator has commercial insurance, the injured person is not very serious, or only has property losses, so it is ok not to ask a lawyer to defend, so the insurance company will have legal counsel to participate in the trial. After all, after the accident, although the perpetrators were fully responsible, the compensation money was basically paid by the insurance company. Therefore, in order to reduce compensation, the insurance company naturally sent people to appear in court. At this time, all it needs is to truthfully answer the questions answered by the perpetrators in court.
Whether it is necessary to hire a lawyer to defend a traffic accident depends on the specific circumstances of the case, but it is still recommended to hire a lawyer to defend, because lawyers have a professional attitude and legal professionalism, which can relatively protect the other interests of the main responsible person from damage in court.