Today I suddenly thought of a problem, in judicial practice such as the title, in practice there is not met, but I think you can try.

   Direct legal basis is not, however, in the theory of law, because the property, tort caused personal injury, it shall be liable for compensation. In the "tort liability act"Article twentieth the corresponding provisions:"The other person rights violations caused property losses, according to the victim suffer damages; the infringee losses are difficult to determine, the infringer hence benefit, the benefit compensation in accordance with the infringer profits; therefore it is difficult to determine, infringement and infringement on the amount of compensation if they fail to reach an agreement, file a lawsuit to the people's court, the people's court to determine the amount of compensation according to the actual situation". In the "tort law", "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case "Article 1: "also have similar provisions infringed due to the life, health, physical suffering, the right to compensation prosecution request compensation for property losses and damages, the people's court shall accept the case". However, the "the people's court shall accept the" one, originally belonging to the entity right "property damage and mental damage compensation" look into whether the court can accept the procedural rights. "The implementation of the tort liability law", the entity rights are legal basis.

   So, the lawyer fees whether can be understood as "property damage"? I think, the other person rights violations caused by damage to the property of the victim, not only includes the direct property loss, but also should include indirect property loss. Of course, the indirect losses need to be strictly defined. The indirect loss is generally understood to benefit as expected losses, namely: if there is no infringement, the victim can get interest. Such as lost wages, this is the most typical indirect loss. However, because of the victim to suffer damage, to compensate for the recovery of damages or expenses incurred, the indirect loss is the victim, such as the treatment of fees, appraisal fees. Similarly, the victim suffered damage, the cost to get damages, such as court costs, but also the indirect loss. These indirect property loss, at the first glance there is no direct connection with the victims of the victims, but, given in the legal rights, can and must step by step to do, each do one thing, we should have certain expenses, and these costs are not because of the subjective intention. Similarly, expenses also belongs to the legal fees for damages of victims, also belongs to the indirect property loss. Reason analysis as follows:

   One, the solicitor fee is the victim to safeguard their legitimate rights and interests, rely on the legal relief channel, to make up for the losses suffered by the infringement, which itself is a loss. Just imagine: if not because suffer infringement, the victim will not have personal, property damage; no loss, the victim will not be like the infringer for compensation according to law; tort compensation, the victim would not resort to legal remedies; without resorting to legal remedy, will not produce the litigation costs.

   Two, because the procedure is very professional, ordinary people simply do not know how to seek relief channels, in order to be able to make their own legitimate rights and interests are protected, seek the help of lawyers is reasonable. Although no laws and regulations, the victim to court to hire a lawyer, but no provisions of laws which, in personal injury compensation cases, lawyers fees cannot claim compensation. (the two logic, from a legal perspective, at first glance the wrong, but in people, it seems more reasonable.)

   Three, in the process of claims, legal fees, from necessity, necessary does not seem to be strictly "". This is like the transportation fee, go to the hospital treatment, can take a bus, taxi, can drive their own cars, can also find eight carry big sedan, may occur transportation. Of course, you can also walk, so it does not cause the transportation fee. And walk this way back from the other way, the other way is no "necessity", you can walk to the treatment? Why to sit bus, by taxi? This clearly has lost the justice of law. Lawyers also, law already gives you the right, you can engage in a lawsuit, why spend money to hire a lawyer? I think, legal justice is not absolute ruler of equality, needs to reflect the social effects, in front of the same identity of citizens, should attach more importance to the protection of victims.

 Four, support the legal fees has legal basis. As mentioned at the beginning. "Support relatively clear twentieth" in the view of the tort liability law.

  Five, in practice, all over the court have the relevant judicial precedent (the note), support lawyers claim. In fact, this is a kind of legal justice to reflect, from the value judgment of judges of the spirit of law, embodied in each case. I think, no matter how to describe the reason, the spirit of the law philosophy is the same.

   To sum up, I think, in the case of personal injury compensation, the victim makes lawyers make infringer should get support, of course, the premise is reasonable, the dependency court review.

Report of cases:

Shanghai city Zhabei District Sanjiang packaged consignments Station and Wen Lei road traffic accident damage compensate dispute case

The Shanghai first intermediate people's court
Civil judgment

The appellant (defendant in the original instance) Shanghai city Zhabei District Sanjiang packaged consignments station.

The appellant (the plaintiff) Wen Lei.

The Peoples Insurance Company of China Shanghai branch.

The appellant Shanghai city Zhabei District Sanjiang packaged consignments Station (hereinafter referred to as the consignment Station), Wen Lei for road traffic accident damage compensation dispute case, the Shanghai Luwan District people's Court (2009) Lu Minyi (min) at the beginning of the word no. 1513rd civil judgment, and appealed to the hospital. The hospital in December 24, 2009 after accepting the case, shall form a collegial panel to the trial, the case has now been finalized.

The identified: on the night of July 24, 2008, the appellant Wen Lei driving bicycle backseat with his wife Chen Jieyan the Jianguo Road running from east to west to the Chongqing Road, the appellant consignment station all grades for the Shanghai F35145 truck to hit, causing a traffic accident. Subsequently, Wen Lei was sent to Ruijin hospital emergency, newly diagnosed Wen Lei systemic multiple soft tissue injury, the left scapular glenoid fractures, 1 These 1 odontoclasis. Wen Lei went to the Ninth People's hospital emergency, X piece shows: the left radius fracture. Accident on the Shanghai City Public Security Bureau Luwan branch traffic police department issued by the traffic accident report: Party A (the appellant consignment Station driver) assume full responsibility, Party B (Wen Lei) no responsibility, Party C (Wen Lei's wife) without responsibility.

In December 19, 2008 the Fudan University Shanghai School of medicine forensic identification center level of disability and injury to Wen Lei after the rest, nutrition, nursing period evaluated, Wen Lei due to traffic accident neck trauma, 1 of these 1 crown, left radial bone fracture of the distal end of the oral cavity, systemic multiple soft tissue contusion; after symptomatic treatment, the neck, left wrist activity. Reference.The injured in road traffic accident disability evaluation(GB18667 - 2002) "the relevant provisions of the injury, Wen Lei is not up to the level of disability. After the injury to rest for four months, nutrition, nursing a month a month. Wen Lei to pay 800 yuan fee identify.

At the same time to find out, the appellant consignment station to the defendant in the original instance Chinese insurance Shanghai branch purchase of motor vehicle traffic accident liability compulsory insurance, insurance for the period from August 28, 2007 to August 27, 2008.

In the trial, the appellant consignment station and the appellant Wen Lei confirmed the two sides: Wen Lei to pay medical expenses 12545.80 yuan, transportation costs 847 yuan, the appellant consignment station that the installation of two dental medical fee costs 4000 yuan fee is too high, should be 800 yuan / a common standard, compensation for 1600 yuan; the shipper station to pay Wen Lei scooter repair costs 1941 yuan; the appellant consignment Station paid Wen Lei 7000 yuan, Wen Lei agreed to be deducted from the compensation.

Wen Lei HeineKen trade (Shanghai) Co. Ltd. and the labor contract signed in 2008, May and December payroll, the monthly income of 2800 yuan, no income during the injured, the appellant consignment Station of the labor contract, payroll had no objection to the authenticity, but think that the loss of use, must provide the continuous wage proof of income and tax of three months, otherwise lost wages not recognized; Wen Lei with his wife in the traffic police department's statement, that Wen Lei after the accident, the vehicle damage in mobile phone told the police department, the appellant consignment station only pay Wen Lei bicycle repair costs, the purchase price of 1500 yuan in accordance with the requirements of mobile phone by the appellant consignment Station compensation, the appellant consignment station that Wen Lei did not provide the purchase invoice, mobile phone charges for damages recognized 1000 yuan; Wen LeiThe lawyer feeThe invoice and the June 18, 2009 signing of the "contract" to hire a lawyer, which is proved to be the action takeThe lawyer fee3000 yuan, the appellant consignment station have no objection to the authenticity of the evidence, but do not agree to compensate.

The above facts, provided by the appellant Wen Lei accident, roadThe traffic accident compensation for damageThe end of the book, the mediation of forensic opinion invoices, book and identification fee receipts for medical expenses, medical records, receipts, the appellant check motor vehicle traffic accident liability compulsory insurance, provide transportation documents, receipts, motor vehicle insurance property loss confirmation, repairs the invoice and list and two statements, the appellant trial transcript evidence.

The thought: road traffic accident two appeal of human has by the public security department to make responsibility, both sides have no objection, and therefore be confirmed. The appellant Station consignment insured motor vehicle traffic accident liability compulsory insurance, the defendant in the original instance Chinese insurance Shanghai branch should be in the compulsory insurance liability limits for Wen Lei confirmed the actual loss payment responsibility for payment, the deficiency payments and does not belong to the scope of compulsory insurance compensation costs borne by the appellant consignment Station shall bear the responsibility for compensation. The appellant consignment Station Wen Lei advocated for the transportation fees, appraisal fees calculation amount, have no objection, and therefore be confirmed. The other Appellants consignment station advance advance money from the deal with Wen Lei Wen Lei compensation shall be deducted from the total.

About medical treatment cost, Wen Lei therefore accident caused by tooth crown, receiving medical treatment for medical equipment of their choice, there is no unreasonable, resulting in economic loss should be included in the scope of compensation for damage. In view of the fact that at the same time the injured Wen Lei wife huopei medical expenses amount has exceeded the compulsory insurance liability limit, so by the appellant consignment Station compensation.

About the lost wages, Wen Lei provides evidence can not objectively reflect the injured during reduction in income caused by the actual loss, the average wage of employees in accordance with the standard Wen Lei similar industry in 2008 wholesale 28363 yuan / year to calculate compensation.

According to the forensic identification, nutrition and care needs Wen Lei after injury, Wen Lei nursing fee calculation standards within the limits prescribed by law, to support the nutrition fee, the discretion to be 30/ days per annum.

On the physical damage, Wen Lei did not provide a mobile phone to buy or repair invoices, the appellant consignment Station confirmed, the discretion to be 1000 yuan compensation.

　　The lawyer feeTrigger for the Department for matters relating to the property losses, refer to the rules of Wen Lei when signing a contract, payment by the appellant consignment station.

Wen Lei body accident damage, should be given compensation for spiritual damage of comfort, by the court to support. Accordingly judgment: the appellant consignment station should pay Wen Lei medical costs 12545.80 yuan, 900 yuan fee (the appellant consignment station advance advance Wen Lei 7000 yuan deducted from the compensation money); the defendant Peoples Insurance Company of China Shanghai branch claims Wen Lei delay costs 9454 yuan, nursing fee of RMB 900 yuan, the spirit damage solatium 3000 yuan; the appellant consignment Station Wen Lei mobile phone damage compensation fee of RMB 1000 yuan,The lawyer fee1000 yuan, appraisal cost 800 yuan. RMB 691 yuan of case acceptance fee charged by half, of RMB 346 yuan, by the appellant Wen Lei burden 163 yuan, the appellant consignment Station burden 183 yuan.

The judgment of the first instance, the appellant consignment station, smell Leijun refuses to accept, the appellant consignment station to medical costs in the installation of porcelain teeth should be 800 yuan / standard star gauge compensation; mental injury solatium damages over the original sentence;The lawyer feeShould not be compensated for and the appellant Wen Lei says the trial is to confirm the transportation fee payment, but the referee did appear missing text. Two the appellant appealed to this court respectively.

The court examined, the trial on the case facts are true. Find out the other, Wen Lei advocated for the transportation fee a, have made substantive hearing, "this house believes that" it has on the appellant Wen Lei advocated the transportation fee payment to support a confirmation.

The opinion of this court, matching the Appellate Wen Lei porcelain teeth installation cost, its age, the durability and the maintenance of personal rights and interests of compassion considerations, combined with the present situation of the medical price, not enough to think that the costs have been over expanded use; mental damage solatium, the discretionary, in law contrary, nor contrary to reason, and the obligation of the original judgment for the defendant to bear, and the parties did not appeal the trialThe lawyer feeThe verdict, according to law. To sum up, the above matter processing is not inappropriate, the appellant consignment Station grounds of appeal can not be established, the court shall not support. The appellant Wen Lei advocated a transportation fee compensation, because according to law, and is the original judgment text appear missing, so the hospital to make corrections, the expenses shall be borne by the appellant consignment station. Accordingly, in accordance with the "Civil Procedure Law of the people's Republic of China"ArticleArticle one hundred and fifty-threeParagraph (a), (three) the provisions of item, the decision as follows:

A people's Court of Luwan District, to maintain Shanghai (2009) and Lu Minyi (min) at the beginning of the word no. 1513rd the judgment;

Two, the appellant Shanghai city Zhabei District Sanjiang packaged consignments Station shall come into effect from the decision within ten days from the date of payment Wen Lei transportation costs 847 yuan.

The case acceptance fee of RMB 691 yuan, by the appellant Shanghai city Zhabei District Sanjiang packaged consignments Station burden.

This judgment is the final judgment.