Lawyer: actual combat summary dispute over the liability of traffic accident of motor vehicles

This paper is dedicated to the young lawyer!  This paper/He ChengjieZhiyong lawyers

Phase one:At

In the age of new media law of course not outdated, all kinds of instant, non instant chat tool should have a smattering of. At present, the responsibility of traffic accident of motor vehicles is the most dispute by means of Internet consulting, to hire a lawyer. The new media marketing on lawyers do not discuss.

As a practicing lawyer legal full market research, understanding of the field current relatively well-known law firms and lawyers, and proxy pattern. As far as I know, the traffic accident cases generally implement risk agency, or even zero risk, namely the so-called first after charging, the unsuccessful charge.

Unless Muming to entrust, customers generally easy to understand the lawyer charge mode of such cases, goods than three, its ultimate aim is to seek to offer low and law lawyer. Of course, not every lawyer is an expert in traffic accident, if even the most basic knowledge have a superficial knowledge of traffic laws, how to obtain the trust of customers and clients.

Customer reception, we must first learn to listen, grab the most concerned problems. The customer of the case, often patchy, case comparison. At this time, lawyers should be cut short, several most representative of the problem. For example, the responsibility of the accident is how to identify? How the current situation? If hospitalized, how much cost? Wait. Secondly, the scope of compensation for traffic accident may have to inform customers. For example, the cost of treatment, care, nutritional costs, delay costs etc.. Customers are most concerned about is the disability, may require it to the hospital medical records according to the injured degree of copy, prediction level, and notify the disability compensation calculation method of gold and probably amount range.

Customers heard the case analysis, engaging without counsel, but also to let the then consider, told him there is a need to contact. Some of the lawyers think you keep talking for a long time, the customer is clap bottom leave, feeling very disappointed.

We want to believe, lawyer to provide professional service, is a branch of knowledge, if the client hear will sue, that give customers can only bless.

Stage two:Apply for commissioning procedures

A lawyer shall not receive case, this is the iron discipline, the customer must sign the agency agreement in writing and practicing law firms lawyer's. At the same time, customers are required to sign the authorization, retained a copy of ID card, traffic accident responsibility confirmation. The responsibility confirmation is an important material case, lawyers generally do not receive custody, but in order to act is convenient, can be issued to customers receipt, be responsible for each other.

Stage three:Collect evidence

1The basic information about the evidence: motor vehicle registration information, driver information and vehicle insurance information

The lawyer to traffic team take vehicle information, driver information and vehicle insurance information, must carry "investigation" special letter of introduction, lawyer license copy, authorization, customer Id photocopy, traffic accident responsibility confirmation copy (at the same time to produce the originals) and other documents, the information is ready for the indictment draft.

2  On the injured plaintiffs medical evidence: discharge letter of introduction, to prove the diagnosis (medical treatment fee is not equal to), detailed documents

The lawyer to the hospital. The medical record, the majority will be rejected, the hospital insisted on injured himself or carry Id original is given for. Of course, it clashes with the law of investigation and evidence collection rights lawyer. Customers can according to the lawyer's Guide to handle.

Comprehensive measure, whether the proof issued by the hospital to recuperate (this point according to the identification of the evaluation results.).

3About disability identification evidence: identification, identification fee invoice book

The first task of lawyers is comprehensive evaluation the situation, according to the "common sense" injured in road traffic accident assessment to evaluate. The assessment may be disabled standard, should inform the customer can apply for disability identification in the pretrial unilateral, can also apply for court designated appraisal institutions in case of. For identification before action unilaterally, the trial process has the right not to apply for re identification recognition, resulting in the identification of two charges, the court generally will not support the former.

In practice, there are some techniques for disability identification. For example, brain injury treatment, has been cured, but after all, causing injuries to the brain, as there is no sequela, has not reached the disability level, it is difficult to define. According to the current level of technology, can only rely on forensic experts use the scientific method to judge, because it cannot judge the good and bad brains.

4On the plaintiff identity information: rural to urban

Another important factor affecting the level of disability compensation amount, whether it is in accordance with the urban disposable income compensation, compensation or in accordance with the net income of the rural. Obviously, the former than the latter.

According to the customer's identity card information display, the plaintiff belongs to farmers. According to the relevant judicial interpretations, as long as they can prove that the plaintiff of long-term residence in the town, the main source of income for the town, then it should compensate according to the town's standard.

How to prove the main source of income in the town? Including the main evidence: a temporary residence permit, the labour contract, insurance certificate, certificate of tax, the wage income and other details.

5  About nursing period, vegetative period, false evidence:

Only to share a little bit, differ from man to man, "three" can be identified, also can follow the doctor's advice.

6  About the other evidence

Some people say the accident compensation projects include15A few less, in front, by integration of factual basis and legal basis.

Stage three:Case (omitted)

Stage four:Trial (omitted)

Stage five:Case closed (or second)