1. How to file a lawsuit for personal injury compensation in traffic accidents?
(a) the choice of court skills:
Article 29 of the Civil Procedure Law stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement is committed or where the defendant has his domicile. It can be seen that traffic accident cases are not only under the jurisdiction of the court where the traffic accident occurred, but also under the jurisdiction of the court where the defendant lived. You can choose the jurisdiction of the court near you from the perspective of facilitating litigation and saving litigation costs, but the most important thing is to choose different courts according to the compensation standards of different courts when calculating disability compensation or death compensation. For example, both Shenzhen People's Court and Wuhan People's Court have jurisdiction over the same case. We will try our best to choose Shenzhen People's Court because Wuhan belongs to Hubei Province. The standard of per capita disposable income of urban residents or per capita net income of rural residents on which disability compensation is calculated is applicable to the statistics of Hubei Province, while Shenzhen is a city with separate plans, and the calculation standard is applicable to the statistics of this city, which is significantly higher than that of Hubei Province.
(2) Skills of choosing litigation opportunities:
When to file a lawsuit is tricky. According to the relevant provisions 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, the per capita disposable income of urban residents or the per capita net income of rural residents on which disability compensation or death compensation is calculated is determined according to the relevant statistical data of provinces, autonomous regions and municipalities directly under the Central Government, and the data of the previous year published by the statistical departments of special economic zones and cities with separate plans at the end of the debate in the court of first instance. It can be seen that the same case prosecuted in September 2006 and April 2007 probably got different judgment results. When bringing a lawsuit, we should fully consider whether there is a new legal or judicial interpretation, and whether this legal or judicial interpretation is beneficial to our lawsuit. However, it must be noted that the above two points must be carried out under the premise of ensuring limitation.
(3) the defendant's selection skills:
First of all, if there are multiple defendants, try not to make mistakes when investigating the infringing subject. Would rather make a mistake than leak, which will increase the insurance coefficient of executives and increase their responsibilities.
Secondly, keep an eye on the defendant who has property available for execution and be choosy.
Whether the other party belongs to the unit, whether the vehicle is insured and the amount of insurance are all issues to be considered in litigation; For those defendants who have no property to enforce, there is no need to seek other ways through litigation.
(4) the choice of legal application skills:
Road traffic accidents such as taking long-distance buses and taxis often lead to the concurrence of liability for breach of contract and tort. The victim has the right to choose to file a lawsuit for traffic accident tort compensation or a lawsuit for breach of passenger transport contract. When applying different laws, the results are often quite different, especially in traffic accident cases caused by both parties, it is more necessary to make full use of the rights conferred by the law and choose different legal relationships according to the solvency of different defendants.
(5) Skills of demanding the same life and price:
If you live in a city and have a rural hukou, it will be very unfavorable for you to apply rural standards in traffic accident compensation, and there is a big gap between them. Applying the compensation standard for urban residents to the requirements of rural household registration requires two things:
1. Before the prosecution, fully collect the evidence of continuous residence in the town for one year, such as the proof of the neighborhood committee of the place of residence, the proof of residence of the police station of the place of residence, the temporary residence permit, and the proof of purchasing self-occupied housing in this city;
2. Actively mediate with the other party in the process of litigation. Recently, in the trial practice of many domestic courts, they tend to have the same life and the same price. Therefore, as long as you can prove that you have lived in the city for more than one year, you can ask the court to apply the city standard. In this way, your reward will be greatly increased.
(6) the choice of criminal incidental civil action:
According to the relevant provisions of Chinese laws, in some cases, traffic accidents are suspected of criminal offences. For example, if a traffic accident causes one person to die or more than three people to be seriously injured, and the actor bears all or the main responsibility for the accident, the actor shall bear criminal responsibility in addition to civil liability.
In this case, the victim or his family should consider whether to file a criminal incidental civil action. There are three advantages to bringing criminal incidental civil action: first, there is no need to pay legal fees in advance; Second, the case is handled in a timely manner; Third, in order to reduce criminal punishment, the actor often makes positive compensation. It should be noted that in judicial practice, the court generally does not support the compensation for mental damage (that is, mental loss) advocated by criminal incidental civil action;
(VII) Application Skills of Traffic Police Responsibility Letter In traffic accident cases, the traffic accident certificate issued by the traffic management department is very important evidence. The accident certificate directly states the facts of the case, and the court will recognize this evidence in the absence of other sufficient evidence to the contrary. However, the determination of the responsibility book is not the only basis for the court to decide the distribution of civil liability. For example, according to Article 76 of China's Road Traffic Safety Law, in the traffic accident compensation between motor vehicles and non-motor vehicles, even if the non-motor vehicle party bears the main responsibility or all the responsibilities, the motor vehicle party still has to bear the civil liability for compensation. If there is evidence that the non-motor vehicle party is at fault, it can only reduce the liability of the motor vehicle party.
Second, do you need to hire a lawyer in traffic accident litigation?
Whether for the victim or the perpetrator, traffic accidents are often caused by accidents, which is not terrible. The terrible thing is that they will not use legal means to protect themselves. Generally, when there is a traffic accident, people often admit that they are unlucky. Some victims can get a little compensation and don't know how many rights they have. Therefore, they will miss the statute of limitations and leave the sequelae of lifelong pain; Some abusers become other people's ATMs. Because they tried to hide the accident and were constantly blackmailed by others, a simple traffic accident dragged on for several years and could not be solved. Therefore, it is very important for traffic accident lawyers to deal with traffic accident compensation affairs quickly, reasonably and legally, regardless of the injured party or the perpetrator. Moreover, for the plaintiff, the lawyer's fee can be claimed to the defendant as a compensation item. Therefore, it is "worthwhile" to spend money on a lawyer.
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