How do we claim compensation from the other party? 5

Such a thing cannot be delayed, it must be dealt with immediately. Otherwise, a lot of strong evidence will be missed. Claims must be made from the responsible party from many aspects.

Don't be soft-hearted! Because I have had this experience before, and now I regret that I didn't handle it well at that time, and I left a lot of troubles behind. Please pay attention to the claim!!

First of all, the other party should be asked to pay the medical expenses in advance, and then the disability appraisal should be carried out after discharge, and after the appraisal, the other party should claim compensation according to the situation and the compensation items stipulated by the law. You can ask the traffic police department to mediate, or you can file a lawsuit directly with the court.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

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1. The process and cost of civil litigation.

1. The plaintiff filed a lawsuit with the court.

2. After the court accepts the case, it will serve the plaintiff with a notice of acceptance and a summons, and notify the plaintiff to pay the fee; Serve the defendant with copies of the complaint and evidentiary materials, summonses, etc.

3. The court shall hear and mediate or adjudicate in accordance with the law.

4. If the parties are not satisfied with the judgment, they may appeal within 15 days, and the court at the next higher level will retry the case and mediate or make a judgment.

5. If one party fails to perform the effective legal documents, the other party may apply to the court for enforcement.

6. The payment of specific litigation costs shall be determined according to the nature of the specific case and the amount of the subject matter of the litigation, and the specific standards shall be implemented in accordance with the method for payment of litigation costs.

2. Litigation skills in civil litigation.

1. When filing a case, the litigation fee shall be charged based on the value of the house and vehicle determined in the plaintiff's complaint.

2. The litigation fees that have been paid in advance by the party can be refunded by the court without applying for enforcement.

3. Without the defendant's ID number, the court can even file a case. Where the plaintiff provides the defendant's name, address, and other information, and the specific information is clear enough to distinguish the defendant from others, it may be considered that there is a clear defendant.

4. The person may not have a power of attorney.

5. In the summary procedure, the parties can orally entrust the ** person on the spot, and the court can record it in the record, and there is no need to provide a power of attorney.

6. Not everyone can be a litigant. Lawyers, close relatives, staff of the unit, and persons recommended by a specific unit can become the first person in the lawsuit.

Extended Materials: Claims. This part mainly states the specific issues related to the civil rights and interests dispute requested by the plaintiff in accordance with the law.

Such as claims for damages, debt settlement, performance of contracts, return of property rights, etc. Claims should be written clearly, concretely, and concisely.

Legal basis: Litigation Fee Payment Method", fee standard:

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

10,000-100,000 yuan;

10,000-200,000 yuan, 2%;

10,000-500,000 yuan;

10,000-1,000,000 yuan, 1%;

10,000,000 yuan - 2,000,000 yuan;

10,000-5,000,000,000 yuan;

10,000,000 yuan-10,000,000,000 yuan;

10,000,000-20,000,000,000 yuan;

According to the different circumstances of the traffic accident injury, the victim can claim the following compensation: personal injury compensation items and standards: various expenses incurred due to medical treatment** and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and the compensation obligor shall compensate them.

Disability compensation items and standards: the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate. Compensation items and criteria for death:

In addition to compensating the relevant expenses provided for in the first paragraph of this article according to the circumstances of the rescue, the person who compensates the source of the prosthetic service shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. Items and standards for suffering moral damages: Where the person entitled to compensation (the victim or the close relatives of the deceased) requests compensation from the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to determine it.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court. To sum up, in fact, the compensation for lost work expenses in traffic accidents has a lot to do with the time that the parties need to be in the hospital, therefore, the compensation for the loss of work expenses for 12 rib fractures in traffic accidents must be certified by the hospital, because the situation that the 12 rib fractures can be restored to normal work is only clear to doctors, as long as the specific time of the fracture is determined and the income status of the parties, the compensation for lost work is very well calculated.

First of all, we can negotiate a claim, whether it is a fraudulent purchase or a counterfeit product, we can file a claim against the seller on the premise that we have caused losses.

Claims are divided into many aspects, both economic and spiritual, for economic claims, we need to have actual economic losses and provide evidence before we can make a claim. In the case of compensation for moral damages, it is a claim for economic damages ranging from 1,000 to 5,000 depending on the severity of the incident.

Whether it is personal injury compensation, commodity compensation, or contract compensation, it must first have the tort or breach of contract determined by Mill Ranhui.

If the negotiation fails, then there is another remedy, which is to sue Duan Wang for compensation through the court. This procedure is cumbersome though. However, it can also fundamentally guarantee that we can successfully claim compensation. Because, the judiciary has coercive force.

Legal analysis: If the claim is unsuccessful or there is an objection to the outcome of the claim, it can be filed for arbitration with a dispersive arbitration institution. Finally, the excavation can file a lawsuit with the people's court.

Legal basis: State Compensation Law of the People's Republic of China

Article 9: Where the organ with the obligation to compensate has any of the circumstances provided for in articles 3 and 4 of this Law, it shall give compensation. The claimant for compensation shall first submit it to the organ with the obligation to compensate, and may also submit it at the same time as the application for administrative reconsideration or the initiation of an administrative lawsuit.

Article 10: Claimants for compensation may request compensation from any of the organs with joint compensation obligations, and the organs with compensation obligations shall make compensation in advance.

Article 11: Claimants for compensation may submit several claims for compensation at the same time based on the different damages suffered.

Article 22 In any of the circumstances provided for in Articles 17 and 18 of this Law, the organ with the obligation to compensate shall give compensation to Shanjing. Compensation claimants who request compensation shall first submit it to the organ with the obligation to compensate. The provisions of Articles 11 and 12 of this Law apply to the claimant for compensation submitting a request for compensation.

1. There are three ways:

1.If the online purchase package is lost, this is relatively simple to deal with, go directly to the seller, and the seller will deal with it by himself: reissue or refund. If the seller refuses to deal with it or is not satisfied with the handling, you can ask the official intervention of the online shopping platform if the communication is not resolved.

2.In the case of a private mailing package, this is relatively complicated to handle. First of all, please provide the mailing slip (or buried courier number) and valid documents to the local courier point for claim processing.

3.If you are not satisfied with the result of the express company's claim, or the express company is unable to compensate in accordance with the agreement in advance, you can request judicial intervention.

2. YTO Logistics compensation and insurance price:

Insured service refers to the customer's declaration of value and payment of corresponding fees to YTO when sending express mail, and the declared value of a single piece of goods does not exceed 30,000 yuan. When the express mail is lost during transportation, it is a value-added service that will be compensated according to the approved loss.

In the event of loss of the shipment during transit, compensation will be made according to the consumer's premium. At present, the premium of the "New Insurance Service" is divided into four levels, with the lowest premium being 1 yuan, which can enjoy the insured price within 1000 yuan, and the premium of 2 yuan can enjoy the insured price of 1000-2000 yuan. When the value of the express item is 2,000-10,000 yuan, the premium needs to be paid according to 3% of the insured price, and when the value is 10,000-30,000 yuan, the premium must be paid according to 5% of the insured price.

It is worth noting that YTO said that the maximum declared value of a single express mail does not exceed 30,000 yuan. Excerpt from Central Postal Administration of Hainan Province**.