Civil litigation and disability appraisal, how to conduct disability appraisal in civil litigation

1. The disability appraisal should be applied for after the end of the application. It is best to do it as soon as possible after the end of the day, so that the registration of disability may be higher. The higher the level of disability, the higher the amount of compensation.

2. It is best to entrust the disability appraisal by the court, so that the appraisal conclusion is more credible and prevents one party from deliberately raising or lowering the disability level through acquaintances. 3. The statute of limitations for personal injury compensation is 1 year, that is, you should go to court to sue within 1 year from the date of the accident. 4. The level of disability is to be assessed by the statutory appraisal body to make a conclusion, and the lawyer is not an appraiser and cannot be judged.

Personal speculation is at least level 8 or higher.

As for the forensic examination, it is generally carried out three months after the end of the disease**. For the expenses incurred in the dismantling of the steel plate, you can apply for the judicial appraisal of the "follow-up fee" project; If you are far away from your home, you can entrust a person (such as a full-time lawyer or someone you trust and have certain legal knowledge) to help you litigate; If you apply for an appraisal on your own, it is not called a "judicial appraisal"! Judicial appraisal can only be made through the appraisal agency entrusted by the court, so that the "appraisal opinion" will be more convincing, because when the court chooses the appraisal agency, it will convene all parties to negotiate and determine, and the court will appoint it if the negotiation fails (of course, you can also state in the application that you do not agree to negotiate to determine the appraisal agency, and request the court to directly appoint the appraisal agency), instead of where you want to go for appraisal!

In addition, the appraisal agency must have a record with the competent judicial department to be qualified, otherwise it will not be recognized.

When you are injured, you can do a disability appraisal, and the sooner the better, the tibia fracture and two fractures in the pelvis are minor injuries, to the appraisal agency, the issuance of the appraisal has legal effect, if the prosecution also proves that the disability is caused by a car accident, the statute of limitations is one year, should be level 10.

You can apply for legal aid to help you find a lawyer, and the lawyer will help you apply for judicial appraisal to identify your disability At the same time as applying for disability appraisal, you can also apply for appraisal of your future ** fee, disability level, etc., these lawyers will know that you can sue after the traffic police issue a letter of identification, and the prosecution is generally in the place where the accident occurred or the court where the defendant is located can be like you, it is best to find a lawyer to help you.

Legal analysis: Generally, the judicial department (such as the traffic police force, police station, and court) will entrust the disability appraisal agency to make the corresponding disability appraisal based on the relevant admission records provided by the hospital or the disability appraisal agency. Disability appraisal refers to the evaluation of the degree of disability after injury.

The scope of disability appraisal includes traffic accident disability, industrial accident chain disability, accidental injury disability, and fight and brawl disability.

Legal basis: Article 76 of the Civil Procedure Law of the People's Republic of China A party may apply to the people's court for an appraisal on the specialized issue of ascertaining facts.

Where the parties apply for an appraisal, the parties shall negotiate to determine an appraiser with the qualifications of the royal escort; and where negotiation fails, the people's court is to appoint one.

Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

Summary. Hello, 1. Submit an application to the court for disability identification. In personal injury compensation cases, the court will not take the initiative to conduct a disability appraisal on the victim, so the parties need to apply to the court for a disability appraisal themselves.

2. After entering the litigation process, before the appraisal conclusion is determined, it is necessary to cross-examine the plaintiff's hospitalization medical records and other materials related to the disability appraisal, and then use the materials to which both parties have no objection as the basis for the appraisal. If there is no cross-examination and the disability appraisal is carried out directly, then if there is a dispute over the medical record materials as the basis for the appraisal, it is likely to directly lead to the final appraisal conclusion being overturned. 3. Determine the appraisal agency.

There are usually two ways, the first way is that the parties agree to choose together; The second way is to select the appraisal agency by lottery or computer extraction. 4. After the appraisal agency confirms, the victim himself shall be present with his ID card, and shall also provide the original medical records, X-rays and other materials related to the identification of the first post-examination. 5. After the appraisal agency issues an appraisal opinion, it will usually send the opinion to the court by mail, and the court will then serve it on both parties in accordance with the law.

Either party may raise an objection within the prescribed time limit if it has an opinion.

Hello, 1. Submit an application to the court for disability identification. In personal injury compensation cases, the court will not take the initiative to conduct a disability appraisal on the victim, so the parties need to apply to the court for a disability appraisal themselves. 2. After entering the litigation process, before the appraisal conclusion is determined, the plaintiff's hospitalization medical records and other materials related to the disability appraisal should be cross-examined, and then the materials that both parties have no objection to be used as the basis for the appraisal.

If there is no cross-examination and the disability appraisal is carried out directly, then if there is a dispute over the medical record materials as the basis for the appraisal, it is likely to directly lead to the final appraisal conclusion being overturned. 3. Determine the appraisal agency. There are usually two ways, the first way is that the parties agree to choose together; The second way is to select the appraisal agency by lottery or computer extraction.

4. After the appraisal agency confirms, the victim himself shall be present with his ID card, and shall also provide the original medical records, X-rays and other materials related to the identification of the first post-examination. 5. After the appraisal agency issues an appraisal opinion, it will usually send the opinion to the court by mail, and the court will then serve it on both parties in accordance with the law. Either party may raise an objection within the prescribed time limit if it has an opinion.

The legal basis is Article 76 of the Civil Procedure Law of the People's Republic of China, which provides that a party may apply to the people's court for an appraisal on the specialized issue of the draft of the ascertained facts. If the parties apply for appraisal, the two parties shall negotiate to determine the appraiser with the qualifications for bridge registration; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court recognizes that an evaluation is necessary on a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

Before conducting the disability evaluation, you need to prepare relevant certificates and materials, such as accident reports, medical certificates, work-related injury identification certificates, etc. These certificates and documents will be used as the basis for the disability assessment. 4.

Disability Assessment: When conducting a disability assessment at an accreditation agency, you will need to provide relevant certificates and materials, as well as undergo the necessary examinations and tests. At the end of the inspection and test, the accreditation agency will issue an appraisal report, which will include information about your disability, disability level, etc.

Hello, I would like to file a lawsuit to identify the disability appraisal Fang Chun reform method is as follows:1Identification of disability requiring pickpocketing:

First of all, it is necessary to confirm the disability that needs to be evaluated, such as traffic accidents, work-related injuries, etc. 2.Find a legitimate appraisal agency:

It is necessary to find a legal appraisal agency, usually including hospitals, forensic appraisal institutions, etc. <>

These certificates and documents will be used as the basis for the disability assessment. 4.Disability Assessment:

When you conduct a disability assessment at an accreditation facility, you will need to provide relevant certificates and materials, and undergo the necessary examinations and physical tests. At the end of the inspection and test, the accreditation agency will issue an appraisal report, which will include information about your disability, disability level, etc. <>

If you want to identify the disability due to the six rib fractures in the traffic accident, do you have to go to court to sue for this?

Hello, six rib fractures in a traffic accident want to identify the disability, this is not necessary to go to the court to sue. After a car accident, the disability is determined according to one's own needs, and the loss is selected whether it is necessary to prosecute. If the person concerned is disabled, the cost of compensation shall be determined based on the results of the appraisal of the disability, and if there is a dispute over the compensation or the disability appraisal is not satisfied, the lawsuit may be filed.

I just want to identify the disability level and don't want to go to court, the other party's attitude is very clear, I want to identify it, the party responsible for the accident is the military vehicle, and the disability appraisal is not prosecuted and the individual is not accepted, there must be a power of attorney from the court, and the court will not sue for a power of attorney.

Hello, if this is the case, you need to do a disability assessment, after all, the other party is a military stall with a stuffy car, and the reimbursement of travel expenses requires the financial expenditure of the army, and you must provide more complete procedures. <>

Hello, if this is the case, you can explain it to the other party, and then laugh and tell them briefly, get the power of attorney to do the disability appraisal, and after the appraisal is over, you will still be able to withdraw the lawsuit. <>

Well, yes, in this case, how can I do a disability evaluation, is it better to prosecute the army, or let the court give me a power of attorney directly.

Hello, in this case, you need to sue the army first, and then you can get the power of attorney for disability evaluation. <>

If the lawsuit is withdrawn, can I sue again if the compensation is not satisfied?

Hello, if you are not satisfied with the compensation of Wuyuan Changuo, you can still sue again, but the general army compensation will make you satisfied, you don't need to worry about this, at least the army will pay more than the private car. <>

Hello, in the case of personal injury tort, such as traffic accident, medical damage, etc., depending on the injury, if it is more serious, you can apply to the court for disability appraisal when you file a lawsuit.

Once the disability is identified, the compensation items will be more and the compensation amount will be more.