To: XX Company in XX City.
Xxx Law Firm, as an institution entrusted by XX City to undertake legal affairs of traffic accidents, appointed lawyers Zhao XX and XX to review the relevant evidence provided by the applicant, and issued this legal opinion according to the relevant laws and regulations of the state and XX City.
1. The applicant, Mr. XX, provided the relevant credit certificate about XX traffic accident compensation. Please refer to the attachment for details.
Two. The main basis for issuing this legal opinion:
(1) Traffic Safety Law of the People's Republic of China
(2) General Principles of Civil Law of People's Republic of China (PRC)
(3) Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China
(4) the provisions of the traffic accident handling procedures
(5) Traffic accident treatment specification
(6) Judicial interpretation of personal injury compensation in the Supreme People's Court.
(7) Provisions of the Supreme People's Court on Several Issues Concerning the Liability for Compensation for Spiritual Damage in Civil Tort.
(eight) road traffic accident responsibility identification
(nine) other relevant laws, regulations and rules of the state and Qingdao.
3. According to the credit certification documents (including photocopies) mentioned in Article 1 of this legal opinion and the provisions of relevant laws, regulations, rules and agreements mentioned in Article 2, and according to the requirements of Mr. XX, we hereby put forward the compensation opinions as follows:
(A) about the calculation standard of lost time.
The lost time fee is determined according to the lost time fee and income of the victim. The lost time fee refers to the income reduced by the lost time fee in the process of accident handling for the disabled and dead people in the traffic accident before the case is closed, and other relevant personnel who participated in the accident handling according to the regulations. The lost time expenses of those without fixed income shall be calculated according to the average income of the same industry in the country where the traffic accident occurred. Combined with the actual situation of this case, it can also be proposed to calculate the lost time, transportation and accommodation expenses of relatives and friends who deal with the accident (limited to three people).
(two) about the calculation standard of disability compensation
In traffic accident compensation, according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated for 20 years from the date of disability.
Disability * * * is divided into 10 grades, which are set to 100%, 90%, 80% ...10/0 respectively. In the specific implementation process, according to different levels of disability, the subsidies are also different. The specific calculation method is as follows:
Disability compensation = per capita disposable income of urban residents or per capita net income of rural residents in the last year where the appeal court is located * payment period * disability grade coefficient (percentage). Therefore, the case should be: 12920 yuan/year *20 years *20%=5 1680 yuan.
(3) Calculation of living expenses of dependents
The living expenses of the dependents shall be calculated according to the degree of loss of working ability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the court of appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Dependent is son ×××, aged 65,438+06 (born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
According to Article 28 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Cases of Personal Injury Compensation, the years of living expenses for dependents are 2 years, 8 years, 5 years for Liu and 5 years for father respectively. Calculated according to the per capita consumption expenditure of urban residents in the last year where the court of appeal is located, that is, 9883 yuan/year. When determining the maintenance person, it shall provide the proof of maintenance relationship issued by the villagers' committee or the local police station.
Combined with this case, your disability level has been identified as (9) disability, which can be considered as loss of working ability, so you can make this request, which is also beneficial for both parties to negotiate the amount of compensation.
Fourth, the standard of mental compensation. The defendant's tort did cause mental damage to the plaintiff, and the plaintiff's request for compensation for mental damage was in accordance with the law and the amount was appropriate, which should be supported.
(1) The fact that the plaintiff suffered serious mental injury. At the time of the incident, the plaintiff's sudden accident brought them unbearable pain and anxiety about the future. They suffer pain and even death threats. I feel the impatience of my 80-year-old parents who kowtow to others and even borrow money at high interest rates in order to raise medical expenses; I feel that although my mother fainted several times, she still hung a bottle to feed her; Of course, they also felt that the three defendants were indifferent to their parents' begging. All these have caused a great blow to the plaintiff's mind.
(2) The plaintiff's request complies with the law. According to Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort (hereinafter referred to as Fa Shi [20065438+0] No.7), if the infringement has caused serious consequences to people's spiritual damage, the people's court may, at the request of the victim, order him to compensate the corresponding spiritual damages. What are the serious consequences? There are three situations in judicial practice: 1. No matter what causes the death of the victim, the mental damage suffered by the victim's close relatives belongs to the situation of "causing serious consequences"; 2. No matter what causes the victim's disability, regardless of the degree of disability, the mental damage suffered by the victim belongs to the situation of "causing serious consequences"; If the victim is neither dead nor disabled, it depends on the specific situation. In this case, Wang's injury caused by a traffic accident was rated as Grade 10 disability, which met the second situation mentioned above. Third, the defendant's indifference to the plaintiff, the practical difficulties that the plaintiff will face in the future, the possible negative social evaluation and the reduction of self-evaluation. It can be seen that the fact that the plaintiff's spirit was seriously injured should belong to the situation of "causing serious consequences"
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Personal Injury Compensation Cases (hereinafter referred to as Fa Shi [2003] No.20) has given a clear answer.
Verb (abbreviation of verb) To sum up, our lawyer suggests that a mediation agreement should be reached under the auspices of the traffic management department as far as possible in traffic accident compensation, so as to safeguard your legitimate rights and interests and avoid unnecessary litigation disputes. The text of this legal opinion is three pages, and its annexes are an integral part of this legal opinion. Copies of relevant legal documents are the same as the originals.
Lawyer's "XX ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Legal opinions on insurance compensation