In the process of handling traffic accidents, if the responsible party refuses to implement the compensation scheme for traffic accident liability determination, the injured party may directly file a lawsuit with the court. Fighting a traffic accident lawsuit involves a lot of professional legal knowledge, and the parties often complete it by hiring a lawyer, and they will pay a certain fee for it. So what is the cost of hiring a lawyer to fight a traffic accident lawsuit? I'll give you a brief explanation with relevant legal knowledge.
1. How much does it cost to hire a lawyer to fight a traffic accident lawsuit?
1. Hire a lawyer to participate in traffic accident mediation.
The charging standard is 1500~2000 yuan, and the number of times lawyers participate in traffic accident mediation is generally limited to 2 times.
2. Hire lawyers to participate in civil compensation litigation for traffic accidents.
(1) Attorney for the plaintiff: The charging standard is 5%~8% of the object of litigation (the amount of compensation required by the defendant), and generally the minimum is not less than 3,000 yuan.
(2) Attorney representing the defendant: The charging standard is 3%~5% of the object of litigation (the amount claimed by the plaintiff), and generally the minimum is not less than 2,000 yuan.
2. Who will pay the lawyer's fees for traffic accidents?
The lawyer's fee is generally calculated according to the proportion of the amount involved in the case and the local lawyer's service standard.
The level of lawyers' fees has been clearly stipulated in the country, but the fee document gives a range of fees, and the specific amount is determined by the parties after consultation with lawyers. According to the nature, cause and complexity of the case. Countries usually set a minimum standard for attorney fees. If the case is complicated, difficult and time-consuming, the lawyer's fee may be four times the minimum standard. This requires both parties to negotiate according to the case.
In addition, there is also a risk agency charging method, that is, the parties do not pay or only pay a small amount of fees, and the lawyer will collect the money according to the previously agreed proportion after winning the case. Attorney fees are generally borne by the parties themselves. It is also possible if the other party voluntarily bears the lawyer's fee.
Third, how is the statute of limitations for traffic accidents stipulated?
The starting time of the limitation of action for personal injury compensation in traffic accidents is as follows:
1. For minor traffic accidents, the limitation period is calculated from the date of the accident. Because the vast majority of traffic accidents in real life are minor accidents, the facts of such accidents are often relatively clear, and the victims' property losses are relatively small and the injuries are relatively light. The accident certificate is generally made on the spot or delivered to the parties within 5 days. The one-year statute of limitations shall be calculated from the date when the parties receive the confirmation of accident liability.
2. If the victim is seriously injured and needs hospitalization or even follow-up treatment, the limitation of action shall be calculated from the date of the end of treatment or the date of determining the loss. No disability, calculated from the date of the end of treatment; If it constitutes disability, the limitation of action shall be calculated from the date of disability assessment.
To sum up, there are many law firms in Jingzhou, and they will determine the lawyer's fees with their clients according to the difficulty and time spent in traffic accident cases. The lawyer's fees for traffic accident litigation in Jingzhou are usually divided into mediation fees and litigation fees. Where personal injury compensation is involved, it shall be collected according to a certain proportion of the compensation claimed by the parties. After the parties win the case, this part of the expenses shall be borne by the defendant.
To sum up, it is more effective to solve traffic accident disputes through litigation. Although it takes a lot of time and energy, it is worthwhile for safeguarding rights. How to charge lawyers for traffic accident litigation depends on the complexity of the case and the amount of the subject matter of the case. If the amount involved is large, the lawyer's fee will be a big expense. Under normal circumstances, the lawyer's fees are borne by me and need to be paid in advance.