Lawyer Zhang sued insurance company and transportation company for compensation for death caused by traffic accident. Xiaoshan District Court made a first-instance judgment and ordered the two defendants to compensate the plaintiff for various losses of more than 600,000 yuan, including mental damage compensation 1 10,000 yuan. The insurance company compensated the plaintiff for 80% of the loss of more than 600,000 yuan, and the rest was compensated by Cheng Nan Transportation Company. The defendant failed to file an appeal within the statutory time limit.
After the judgment of first instance came into effect, the plaintiff entrusted lawyer Zhang to execute it. Because Xiaoshan District Court entrusted the case to a grassroots court in Jiangxi for execution, Mr. Zhang went to Jiangxi twice to handle the execution matters; With the efforts of lawyer Zhang, the case has been executed.
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Because the case was a traffic accident, the public security organ investigated the driver's criminal responsibility, but the driver was at large. According to the principle of "punishment before people", the court refused to accept the civil lawsuit filed by the plaintiff alone, but had to file a civil compensation lawsuit against the driver involved in the criminal prosecution. Lawyer Zhang believes that the victim's right to claim civil compensation has been wrongly deprived for a long time. After consultation with the traffic police and the court, the court finally adopted Mr. Zhang's opinion and decided to put the civil compensation part on file for trial and make a judgment before handling the criminal case.
Another problem in this case is whether the victim can claim compensation for mental damage in a traffic accident case where the driver is investigated for criminal responsibility. When the case arrived at the court, someone told the parties that the compensation for mental damage could not be filed and asked them to cancel the request for compensation for mental damage in the civil complaint. Lawyer Zhang insists that the traffic accident compensation case, in which the driver was investigated for criminal responsibility, does not support the victim's compensation for mental damage, which is unreasonable in jurisprudence and sense. The court decided to support Mr. Zhang's point of view, and the defendant awarded the plaintiff a mental damages of 1 10,000 yuan.