Traffic accidents, lawyer fees compensation, traffic accident compensation lawyer fees

Indemnify. Extension: If the defendant loses the lawsuit, the defendant shall bear the case acceptance fee in the litigation fee paid by the plaintiff; If there are property preservation costs, the plaintiff shall bear them; Attorney's fees are the plaintiff's own expense; The plaintiff shall bear the cost of travel during the litigation.

In China's current judicial practice, the lawyer's fees in tortious debts are generally not compensated.

However, according to the basic principles and legislative spirit of China's civil law and contract law, this expense should be compensated, because the necessary expenses incurred to safeguard legitimate rights and interests should be compensated by the infringing party or the breaching party is clearly stipulated in the law.

The traffic accident case you mentioned is a tort case, and the court generally does not support the lawyer's fee, but if it is a contract case, the court will support the compensation of the lawyer's fee if the two parties have agreed in the contract.

It is not an accident loss and shall be borne by the client. If you need a lawyer's help or detailed consultation, you can contact lawyer Qin Jiali in Suzhou, Beijing Yingke (Suzhou) Law Firm, one of the top ten law firms in the country, hosting personal injury and work-related injury compensation cases in Suzhou, Xi and Chang traffic accidents, with hundreds of successful experience in cases.

Of course, the lawyer's fees are at your own expense.

At present, most courts in China have very little support, and some courts in Shanghai generally support it.

1. What is the standard of traffic accident lawyer's fees?

1. Hire a lawyer to participate in traffic accident mediation.

The fee standard is 1,500,2000 yuan, and the number of times a lawyer participates in traffic accident mediation is generally limited to two.

2. Hire a lawyer to participate in the civil compensation lawsuit for traffic accidents.

Lawyer ** Plaintiff: The fee standard is 5% 8% of the subject matter of the lawsuit (referring to the amount of compensation required by the defendant), and the minimum is generally not less than 3,000 yuan.

Lawyer ** Defendant: The fee standard is 3% 5% of the subject matter of the lawsuit (referring to the amount of compensation claimed by the plaintiff), and the minimum is generally not less than 2,000 yuan.

Two.

What is the process of filing a lawsuit in the traffic and accident courts?

1. Prosecution and acceptance.

If a party to a traffic accident files a lawsuit for damages, it shall submit a complaint to the court, and if the court examines that it meets the conditions for filing a lawsuit, the case shall be filed within seven days after acceptance; Where it is found that the conditions are not met, a ruling is to be made within seven days, and those who are not satisfied may file an appeal.

2. Preparation before the trial.

Within 5 days after the case is filed, the court shall send an attached copy of the complaint to the defendant, and the defendant shall file a reply within 15 days, and the court shall form a collegial panel to examine the litigation materials and carry out the necessary pre-trial preparations.

3. **Trial.

1) **Notify the litigation participants three days in advance.

2) Check the participants in the litigation before the trial, announce the court discipline, inform the parties about the rights and obligations of the litigation, and inquire whether to apply for recusal.

3) Forensic investigations.

1) The parties state their requests and reasons for filing a lawsuit.

2) Witnesses testify: Units and individuals who know the circumstances of the case have the obligation to testify.

3) Presentation of evidence.

4) Read out the appraisal conclusions.

5) Read out the inquest record.

6) The parties may present all evidence in court.

7) Cross-examination: The evidence provided by both parties to the compensation dispute shall be cross-examined by each other.

4) Court debate, the plaintiff speaks, the defendant defends, and the third party speaks and defends each other after the defense.

5) At the end of the court debate, after the dispute between the parties is clearly verified, the court investigation is completed, and a judgment shall be made in accordance with the law.

6) The court shall conduct mediation if it is able to mediate, and if the mediation fails, it shall make a judgment in a timely manner. Trials under ordinary procedures shall be completed within 6 months of the date on which the case is filed, and where there are special circumstances that require an extension, it may be extended for 6 months with the approval of the president of that court; Where it is still necessary to extend, it needs to be reported to the people's court at a higher level for approval.

Attorney's fees are generally borne by the parties themselves. If the other party voluntarily bears the lawyer's fees, it is also possible. The lawyer's fee is generally calculated according to the amount involved in the case and the proportion specified in the local lawyer's service standards.

The level of lawyers' fees has been clearly stipulated by the state, but the fee documents give a fee range, and the parties must negotiate with the lawyer to determine the specific amount. It will be charged according to the nature, subject matter, complexity of the case, etc. The state has set a minimum standard for lawyers' fees, and if the case is complex, difficult, and takes a lot of time, the lawyer's fee may be four times the minimum standard.

This needs to be agreed by both parties on a case-by-case basis. In addition, there is also a risk** charging method, that is, the party does not pay or only pays a small fee, and the lawyer will charge according to the previously agreed proportion after winning the lawsuit and getting the money.

1. How to charge the lawyer's fee for divorce real estate disputes.

The lawyer's fee for divorce real estate disputes is charged according to the amount that can be obtained after the division of the disputed property, and there is no uniform regulation on the specific amount, and the fees charged by each lawyer will be different due to the different value of the house. Generally speaking, the lawyer will determine the specific amount of fees based on factors such as the size of the subject matter of the case, the difficulty and complexity of the case, the time cost that the lawyer needs to consume, and the legal risks that the lawyer may bear.

2. How to charge for lawyer witnessing.

Attorney's fees refer to the fees charged by lawyers to clients for legal affairs. The charging standard is based on the type of case and region, and adopts methods such as charging by piece, charging according to the proportion of the amount of the buried cherry blossom standard, and hourly charging.

The method of lawyers' fees and the amount of lawyers' fees to be collected are determined by the lawyer and the client through negotiation within a certain range, and lawyers cannot privately collect other fees from their clients, and lawyers' fees should follow the principles of openness and fairness, voluntary compensation, and good faith.

According to the local lawyer's fee standards, lawyers' fees are mainly divided into criminal case fees, civil case fees and administrative case fees. The specific items charged include consulting fees, **fees, documents**, lawyer witnesses, evidence investigations, information inquiries, travel expenses, etc. The specific charging standards of these fees are shown in the standards of lawyers' fees in some regions.

Article 22 of the Measures for Payment of Litigation Fees: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of payment of litigation fees from the people's court; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed.

The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court. If both parties file an appeal, they shall be submitted separately. Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days.

The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.

Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial aid is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

Legal analysis: Under normal circumstances, whoever hires a lawyer will bear the cost, because the lawyer protects the legitimate interests of his client. However, in order to protect the interests of the victim in a traffic accident, the court will support the victim's request for the defendant to bear the lawyer's fees as long as it is within the prescribed scope.

Legal basis: Measures for the Administration of Lawyers' Fees" Article 5: Law firms provide the following legal services in accordance with law, and implement ** guide prices:

1) ** Civil Litigation Cases;

2) **Administrative litigation cases;

3) ** State compensation cases;

4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;

5) ** Appeals in various or category litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.