First of all, look at the major.
Familiar with the laws and regulations of personal injury in traffic accidents, accurately analyze the legal relationship existing in traffic accidents, understand the latest compensation standards, and do not miss any compensation items stipulated by law.
Second, look at experience.
There are many agents in traffic accident cases with rich practical experience. As an agent, he will be familiar with the case, easily grasp the focus of the case dispute, get twice the result with half the effort, and handle the affairs entrusted by the parties more effectively, timely and comprehensively. Generally speaking, lawyers who have practiced for more than three years and have represented dozens of traffic accident litigation cases are the starting point.
Third, lawyers who look at psychological rationality often focus on solving the problem itself, rather than arguing in court on behalf of the parties. An emotional lawyer can't fully grasp the progress of the case and get the best result.
Fourth, look at attitude.
Whether the lawyer is interested in your case and whether he can devote his energy to your case. Of course, it doesn't mean that the more time you invest, the better. Instead, you should collect the collected evidence and issue legal documents to protect the interests of the parties from the procedural and substantive aspects. "Attitude is everything", and whether a lawyer's attitude is "serious" is very important!
How to fight a traffic accident lawsuit?
If an accident occurs, the relevant parties should report it in time. The traffic administrative department of the public security organ inspects the scene, finds out the cause of the traffic accident, and determines the responsibility of the accident according to the causal relationship between the illegal behavior of both parties and the accident and the role of the illegal behavior in the accident, and makes the responsibility determination of the road traffic accident. If the party concerned thinks that the responsibility determination is unreasonable and refuses to accept it, he may apply to the public security organ at the next higher level for re-determination within 15 days after receiving the traffic accident responsibility confirmation, and the public security organ at the next higher level shall make a decision to maintain, change or cancel it within 30 days after receiving the application for re-determination. This is the final decision.
After the public security organ determines the responsibility, it will give administrative punishment to the parties according to the illegal facts and the responsibility of the accident. If a party refuses to accept the punishment, he may apply to the public security organ at the next higher level for reconsideration within 15 days from the date of receiving the punishment decision; The public security organ at the next higher level shall make a reconsideration decision within 30 days after receiving the application for reconsideration. If the party concerned is still dissatisfied with the reconsideration decision, he may bring an administrative lawsuit to the court within 15 days from the date of receiving the reconsideration decision.
Generally, both parties are willing to settle disputes through consultation, and sometimes they will mediate under the auspices of the traffic police, so that both parties can finally reach an agreement on compensation. However, if the vehicle is seriously damaged or there are casualties in traffic accidents, it is difficult to reach an agreement on compensation and it is inevitable to file a lawsuit.
The role of lawyers in traffic accidents;
In practice, many victims, because they don't know the legal knowledge of traffic accident claims, often miss many important opportunities when they find that they can't solve the disputes in traffic accident compensation. In this regard, we explain the role of lawyers in several important stages of general traffic accidents.
The advantage of lawyers' intervention at this stage before the accident certificate is that they pay attention to the collection of various evidences before the certificate is made. Once the victim refuses to accept the result of the proof, the lawyer can apply for a review in time.
After the accident is confirmed, before mediation or litigation (no disability, death), the focus is on how to claim compensation, who to claim compensation from, mediation or litigation and a series of professional problems will have different results, and the operation of professional lawyers will maximize the interests of victims;
The difference of disability grade before injury or disability appraisal greatly affects the compensation amount. When to carry out disability appraisal and what kind of appraisal institution to choose will have different results. In practice, it is found that the victim is looking for an appraisal agency for himself.
10 level, and the appraisal institution that lawyers are looking for is level 8, because it is particularly important to find the corresponding appraisal institution according to different disability situations, and professional lawyers can find the most suitable appraisal institution for victims at the most appropriate time;
After the injury or disability appraisal, the key for lawyers at this time is whether it is necessary to re-evaluate the appraisal results, and how to calculate the compensation items and determine the subject of compensation obligation after the appraisal results come out. Under normal circumstances, professional lawyers will not suggest quick mediation in the case of serious casualties;
Refuse to accept the result of mediation or the result of litigation. At this stage, if the injury or disability results are basically finalized, professional lawyers will give professional guidance on the calculation method of compensation items and the standards applicable to victims.
What should be paid attention to in traffic accident litigation?
First: identify the defendant.
In litigation, the defendant is a very important issue. If the defendant is wrong, it will not only waste time, manpower and financial resources, but also fail to achieve the purpose of claiming compensation. When identifying the defendant, we should first look at who is the owner of the other party's vehicle driving license at the time of the accident. If it is the driver himself, we should sue him directly. If the vehicle has other owners, the driver and the owner can be prosecuted together with the defendant as * * *. If the owner is a unit, you can take the unit to court as a defendant.
In real life, when passengers take a taxi or bus, they can sue the taxi company, bus company or the other driver for damage caused by traffic accidents. Sue taxi companies and bus companies, not only because they are owners, but also because when passengers take taxis or buses, it is equivalent to signing a transportation contract with taxi companies, and taxi and bus drivers have the obligation to deliver passengers safely to their destinations. If he didn't do it, it would be a breach of contract. Sue the other driver on the grounds that the other party's behavior constitutes civil infringement. The victim may file a lawsuit for breach of contract or infringement.
Second: obtaining evidence.
The traffic management department of the public security organ is the statutory organ that determines road traffic accidents. Although the road traffic accident responsibility confirmation issued by it should be cross-examined by the parties and cannot be used as the basis for the court to determine the facts of the case, it is still of great significance to prove the degree of responsibility of both parties in the lawsuit as an important evidence for handling traffic accident disputes. After jtls.com's case is brought to court, the court will, of course, determine the responsibility of the accident according to the facts investigated by the court, and the scope of investigation is not limited by the letter of responsibility from the public security organ. However, under normal circumstances, in the absence of conclusive evidence to overturn the contents of the letter of responsibility, the court will accept the confirmation of the letter of responsibility from the public security organ and determine the responsibility of the parties on this basis. Therefore, when the parties get the accident liability confirmation from the traffic team, they must carefully read the contents of the liability confirmation. If you are not satisfied, you should apply for reconsideration to the public security organ at the next higher level in time.
Third: ask for compensation reasonably.
In traffic accident dispute cases, the compensation issues involved generally include property damage compensation and personal damage compensation. The scope of compensation for property losses mainly includes: repair costs; Loss of cargo on board. Repair fee: according to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it shall be compensated at a discount; The damage to the articles in the car in the accident shall be compensated according to the actual loss. The items of personal injury compensation mainly include: medical expenses, lost time, hospital food subsidies, nutrition expenses, nursing expenses, accommodation expenses, spiritual comfort funds, etc. If the victim is disabled or dies, it shall also include disability living allowance, indirect victim support and funeral expenses. Among them, the lost time fee includes two parts, one part is the lost time fee caused by the party's inability to go to work during medical treatment and hospitalization, and the other part is the lost time fee for dealing with the aftermath of traffic accidents.