2 cases that are considered irreversible may be invited or not. Of course, some cases seem irreversible, but after careful work by lawyers, it is possible to strive for maximum compensation or reduce losses for the parties.
3. It seems simple from common sense, but it actually contains cases with complicated legal relations. Better get a lawyer. In this case, we need to strictly grasp the legal procedures and litigation skills, and don't lose the winning lawsuit in order to save money, and it's too late to regret it.
Disputes arise during the identification, handling and compensation of traffic accidents. When the two sides can't reach an agreement on the dispute, they can sue each other with sufficient proof materials, solve the dispute through law and help safeguard rights. Materials to be prepared for traffic accident litigation:
(1) A civil complaint, one for the people's court and one for each defendant;
(two) traffic accident evidence, mainly including:
1, receipts for medical expenses and hospitalization expenses, medical records and diagnosis certificates issued by medical institutions;
2. Proof of lost time expenses issued by medical institutions and proof of income issued by work units;
3. Official bills evidencing transportation costs;
4. The household registration certificate of the victim and his close relatives. If the victim is a rural household registration, it is best to provide proof that he lived in the town for more than 1 year at the time of the traffic accident and had a fixed income;
5. Proof of incapacity or disability of the victim;
6. Proof that the dependant and the victim are close relatives, and proof that the dependant is a minor or has lost the ability to work and has no other source of income;
7. traffic accident responsibility confirmation and other evidential materials.
The above evidential materials shall be increased or decreased according to the specific circumstances of the case, and shall be submitted to the people's court according to the number of copies of the civil complaint.
(3) A copy of the plaintiff's ID card or business license shall also be submitted to the people's court.
Third, the traffic accident compensation standard
After a general traffic accident causes losses, the motor vehicle party will bear civil liability, and the motor vehicle party will not bear civil liability unless it is proved that the damage was intentionally caused by the victim. If there is evidence that non-motor vehicle drivers and pedestrians are at fault and motor vehicle drivers take necessary measures, the responsibility of the motor vehicle side can be reduced, and the reduced responsibility is between 10% and 50%.
If personal injury is caused, it shall be calculated according to the compensation items and standards stipulated in 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 items of personal injury compensation mainly include: medical expenses, lost time, hospital food subsidies, nursing expenses, disability compensation, disability AIDS, funeral expenses, death compensation, living expenses of dependents, transportation expenses, accommodation expenses, etc. 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.
According to Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents; (four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of clients.