Write an incidental civil complaint and send it to the court filing court (the most direct), or transfer it through the procuratorate. It should be put forward before the court's first-instance judgment. As soon as possible.
You can hire a lawyer or entrust an agent ad litem.
You can handle it yourself.
2. Provide evidence. You have the burden of proof, and you should provide the court with documents such as hospitalization, treatment, lost time and transportation expenses.
3. Mediation with the other party on compensation under the auspices of the court before the court session. You can. No. Or, accept mediation when appearing in court, or mediate after court. The advantage of mediation is to avoid being sentenced to no money or to give the defendant a chance to repent.
Attachment: Article 77 Initiating an incidental civil action In the course of criminal proceedings, if the victim suffers material losses due to the defendant's criminal behavior, he has the right to initiate an incidental civil action.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 84 After accepting a criminal case, the people's court may inform the victims (citizens, legal persons and other organizations) who have suffered material losses due to criminal acts, the close relatives of the deceased victims, and the legal representatives of the victims with incapacity or limited capacity, and have the right to bring an incidental civil action.
Article 88 The conditions for prosecution in an incidental civil action are:
(1) The plaintiff and legal representative who file an incidental civil action meet the statutory requirements;
(2) Having a clear defendant;
(3) There are specific requirements and factual basis for claiming compensation;
(4) The material loss of the victim is caused by the criminal behavior of the defendant;
(5) It falls within the scope of the people's court accepting incidental civil actions.
Article 89 After a criminal case is put on file, an incidental civil action shall be initiated before the judgment of first instance is pronounced. Before the judgment of first instance is pronounced, if the person who has the right to bring an incidental civil action fails to do so, no incidental civil action may be brought. However, a separate civil lawsuit may be filed after the criminal judgment takes effect.
Article 90 In the stage of investigation, pre-trial, examination and prosecution, if the person who has the right to file an incidental civil action requests compensation from the public security organ or the people's procuratorate, the people's court shall accept the criminal case as an incidental civil action after it is filed; After mediation by public security organs and people's procuratorates, if the parties reach an agreement and pay, and the victim insists on bringing an incidental civil action to the court, the people's court may also accept it.
Article 91 An incidental civil action shall generally be submitted. If it is really difficult to write a complaint, it may be prosecuted orally. The judge shall make a detailed inquiry about the plaintiff's oral litigation request, make a written record and read it to the plaintiff; Upon confirmation, the plaintiff shall sign or seal it.
Article 92 After receiving an incidental civil complaint, the people's court shall examine it and decide whether to file a case within seven days. In accordance with the provisions of paragraphs 1 and 2 of Article 77 of the Criminal Procedure Law and Article 88 of this Interpretation, it shall be accepted; If it does not meet the requirements, it shall be ruled to dismiss the prosecution.
Article 93 After accepting an incidental civil action, the people's court shall, within five days, serve a copy of the incidental civil complaint on the defendant in the incidental civil action, or promptly notify the defendant in the incidental civil action of the contents of the oral action and make a written record. If the defendant is a minor, he shall serve a copy of the attached civil complaint on his legal representative or inform his legal representative of the contents of the oral prosecution.
When the people's court serves a copy of the attached civil indictment, it shall determine the time for the defendant or his legal representative to submit the civil defense according to the trial period of the criminal case.
Article 94 The parties to an incidental civil action have the responsibility to provide evidence of their own claims.
Article 95 When trying an incidental civil action, the people's court may decide to seal up or detain the defendant's property when necessary.
Article 96 In the trial of incidental civil litigation cases, mediation may be conducted except those initiated by the people's procuratorate. Mediation should be conducted on a voluntary and legal basis. If an agreement is reached through mediation, the judge shall make a conciliation statement in time. The conciliation statement shall have legal effect after it is signed by both parties.
If an agreement is reached through mediation and executed in court, a conciliation statement may not be made, but it shall be recorded in a written record, which shall become legally effective after it is signed or sealed by both parties, judges and clerks.
Article 97 If no agreement is reached through mediation, or if the parties go back on their word before signing the mediation document, the incidental civil action shall be tried together with the criminal action.
Article 98 If the plaintiff in an incidental civil action refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court, it shall be treated as withdrawing the lawsuit by himself.