1. How to collect the lawyer's fees for traffic accidents?
1. Hire a lawyer to participate in traffic accident mediation.
The charging standard is 1500-2000 yuan, and the number of times lawyers participate in traffic accident mediation is generally limited to 2 times.
2. Hire lawyers to participate in civil compensation litigation for traffic accidents.
Attorney for the plaintiff: The charging standard is 5%-8% of the object of litigation (the amount of compensation claimed by the defendant), and generally the minimum is not less than 3,000 yuan.
Attorney of the defendant: The charging standard is 3%-5% of the object of litigation (the amount claimed by the plaintiff), and generally the minimum is not less than 2,000 yuan.
note:
A, if the parties are in financial difficulties, lawyers can represent them for free or charge fees lower than the above standards; Under special circumstances, both parties can negotiate;
B, traffic accident victims' attorney fees, according to the relevant laws and regulations, may require the accident party to bear;
C. To hire a lawyer, both parties need to sign the Contract for Hiring a Lawyer and the Power of Attorney with the seal of the law firm, and issue a charge invoice with the seal of the law firm.
Legal basis: Measures for the Administration of Charges for Lawyer Services Article 3 Law firms provide the following legal services according to law, and charge their clients lawyer service fees according to the prescribed charging standards:
(1) Acting as an agent in civil cases; (2) Acting as an agent in administrative cases; (3) Providing legal advice to criminal suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, and acting as the defendant's defender or the agent of the private prosecutor or the victim; (4) Acting as an agent for appeals in various litigation cases; (5) Entrusted arbitration; (six) as a legal adviser; (7) Providing non-litigation legal services; (eight) to answer legal questions and decide on litigation documents and other documents related to legal affairs.
Second, is it useful for traffic accident compensation to hire a lawyer?
Although entrusting a lawyer or hiring a lawyer has to pay a certain commission fee, whether the law is applied correctly will directly affect the compensation that the victim gets. Therefore, entrusting professional lawyers to deal with traffic accidents plays a great role in safeguarding rights to the maximum extent in time.
1. When getting the accident certificate, if the party refuses to accept the accident certificate, the professional lawyer will help the party to apply to the traffic management department of the public security organ at a higher level for review within three days.
2. Compensation for mental damage in traffic accident compensation can only be obtained through court judgment or mediation (unless the insurance company or the owner voluntarily promises). If you don't understand the law and don't entrust a professional lawyer, you may not get compensation for mental damage, and you will lose this right.
3. There are urban standards and rural standards in traffic accident compensation, and the difference between them is about 2/3. However, the Supreme People's Court stipulates that rural residents who meet certain conditions can also make compensation according to city standards, and this professional lawyer knows exactly what evidence he can make compensation according to city standards after collecting it.
4. If the owner fails to purchase insurance, all compensation shall be borne by the owner and relevant responsible persons. At this time, it is very important to investigate and preserve the property of the owner and related responsible persons. If you don't understand the law and don't entrust a professional lawyer, it is possible that you will only get an effective judgment and won't get compensation, and you won't get compensation even if you win the lawsuit.
5. There are quite a few responsible subjects in traffic accidents, which are also very complicated. The driver, the actual owner and the affiliated unit are all defendants, and the insurance company is the third party. Insurance companies can directly pay compensation to the injured within the limits of insurance liability. If you don't know the relevant regulations, it will make it more difficult for you to get compensation.
6. When the injured are being treated in the hospital, they can apply to the traffic management department of the public security organ to ask the insurance company to pay the medical expenses of 6,543,800 yuan within the compensation limit for compulsory insurance. If you don't know this, it will directly increase your financial burden.
7. When the injured are discharged from the hospital, the hospital should issue some certificates as evidence for asking for lost time, nursing fees, nutrition fees and follow-up treatment fees in the future. If you don't understand the law and don't entrust a professional lawyer to guide how to collect these evidences, it will be difficult to get full compensation for hospitalization-related expenses.
8. When the injured person is discharged from the hospital for disability grade appraisal, if the appraisal items are unclear or incomplete when applying for appraisal, it is difficult to get support for your compensation amount.
3. What is the prosecution process of the traffic accident court?
1, prosecution accepted
If a party to a traffic accident brings a lawsuit for damages, it shall submit a complaint to the court. If it meets the conditions for prosecution after examination by the court, it shall file a case within seven days after accepting it; Those who do not meet the requirements shall make a ruling within seven days, and those who refuse to accept it may appeal.
2. Pre-trial preparation
The court will send the attached copy of the indictment to the defendant within five days after filing the case, and the defendant shall file a reply within 15 days. Our college will form a collegial panel to review the litigation materials and make necessary pre-trial preparations.
Step 3: hold a court session
(1) notify the parties three days before the court session.
(2) Check the participants in the proceedings before the trial, announce the court discipline, inform the parties of their litigation rights and obligations, and ask whether to apply for withdrawal.
(3) court investigation.
(1) The parties state the request for prosecution and the reasons.
(2) Witnesses All units and individuals who know the case have the obligation to testify.
(3) produce evidence.
(4) Read the appraisal conclusion.
(5) Reading the record of the inquest.
(6) The parties may present all the evidence in court.
(seven) the two sides should cross-examine the evidence obtained from the compensation dispute.
(4) the court debate, the plaintiff speaks, the defendant pleads, and the third person speaks after the defense, arguing with each other.
(5) After the court debate is over and the disputed facts of both parties are clearly verified, the court investigation is over and a judgment is made according to law.
(6) If the court can mediate, it shall conduct mediation; If mediation fails, a judgment shall be made in time. The ordinary procedure trial shall be concluded within 6 months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital. If an extension is needed, it shall be reported to the people's court at a higher level for approval.
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