Is it cost effective to hire a lawyer for minor injuries caused by ordinary traffic accidents?

For minor injuries caused by ordinary traffic accidents, it is cost-effective to hire a lawyer.

If the case is successful, the other party will bear all the costs of hiring a lawyer. Medical expenses include the expenses paid by the victim for injuries and illnesses caused by traffic accidents, such as examination fees, examination fees, surgery fees, medical expenses, blood transfusion fees, hospitalization fees, cosmetic surgery fees, and follow-up expenses.

It is determined on the basis of the receipt voucher issued by the medical institution, combined with relevant evidence such as medical records (including outpatient medical records and inpatient medical records) and diagnosis certificates. Lost time pay is determined based on the victim's lost time and income.

The calculation of attorney's fees usually requires the calculation of the amount of compensation for traffic accident damages, that is, the sum of medical expenses, lost work expenses, disability compensation, mental damages, etc.

Combined with the amount of the subject matter of the lawsuit, a certain percentage of the amount of the subject matter shall be used as the lawyer's fee. The collection of attorney fees may vary depending on the region and the individual lawyer.

When conducting an evaluation, the evaluator has the right to learn about the facts of the case, the on-site investigation, and access to the medical records. The relevant authorities must assist.

A) the traffic management department of the public security organs shall, according to the behavior of the parties to the road traffic accident play a role and the severity of the fault, determine the responsibility of the parties. 1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility; 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault; 3. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

2) Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

3) In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to be present and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.

In this case, if the other party is fully responsible, try to be hospitalized**, after all, it belongs to the insurance company, try to make the body as good as possible, plus nutrition expenses, lost work expenses, mental damage expenses, etc., but there is no need to hire a lawyer, in addition to medical expenses, plus lost work expenses, mental damages, etc., can almost cost tens of thousands of yuan, and it can not be too much.

Minor injuries caused by ordinary traffic accidents shall be handled by the traffic management department, and after receiving the report, the traffic management department shall investigate and collect evidence from the accident scene and the parties involved in the accident, and then divide the responsibility for the accident.

It is cost-effective to get a lawyer to go to court.

Because in the end, if you win the case, the lawyer's fees, litigation costs, and other expenses will be borne by the losing party.

If the party at fault takes the initiative to settle the claim, but you don't know how much to pay, you can consult a lawyer, as for asking a lawyer to fight a lawsuit or not to ask for a lawsuit, after all, it is a minor injury, you can't pay much money, and the lawyer's fee is not low. aqui te amo。

If you have a lawsuit yourself, as long as you have an accident certificate, you can do it.

If you need a lawyer for this traffic accident, if it is compensation, if there is no lawyer's fee, you don't need to hire a lawyer. If you really need it, then you can ask for a legal aid lawyer.

You can communicate with the other party in private, and you don't need to hire a lawyer.

The other party is fully responsible for the traffic accident, and the other party should compensate you for all losses, including the maintenance cost of the vehicle, your own medical expenses, lost work expenses, nutrition expenses, transportation expenses, etc.

Do your own math about how much it will cost.

Asking a lawyer to write a complaint costs thousands of yuan, and I personally feel that it is not cost-effective to go to court.

Unless the other party defaults on the debt and does not compensate, there is no need to file a lawsuit.

It is not necessary, it is best to negotiate a solution.

1. The medical expenses of medical expenses include the examination fees, examination fees, surgery fees, medical expenses, blood transfusion fees, hospitalization fees, plastic surgery fees, follow-up fees and other expenses paid by the victims of the traffic accident. It is determined according to the receipt voucher issued by the medical institution, combined with relevant evidence such as medical records (including outpatient medical records and inpatient medical records) and diagnosis certificates. 2. The cost of erroneous labor is determined by the victim's mistaken time and income status.

The erroneous working hours are determined on the basis of a certificate issued by the medical institution that the victim received ** (commonly known as the recommended rest certificate, which requires the signature of the attending physician and the special seal of the medical certificate of the medical institution). In the case where the victim continues to make a mistake due to disability, the wrong time can be calculated to the day before the disability day. This is because after the disability is determined, the victim receives disability compensation according to the degree of disability.

3. Nursing expensesNursing expenses are determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. 4. Transportation expenses 1. According to the actual transportation expenses incurred by the victim and the necessary nursing personnel for consultation and transfer** 2. For the transportation expenses of the victim's local relatives, if the victim dies or is in a coma for a long time or is identified as seriously injured or may cause serious disability after the accident, the local relatives (no more than 3 people) must be compensated for the transportation expenses 3. The transportation expenses must be based on official bills, and the relevant certificates must be consistent with the location, time, number and frequency of medical treatment. 5. Accommodation expensesThe actual accommodation expenses, the number of lodging people and their necessity can be referred to for the analysis of transportation expenses in this article for the actual accommodation expenses, the number of guests and the necessity of the traffic accidents handled by the victims themselves and their caregivers from the local area to the city.

6. The inpatient meal subsidy shall be determined with reference to the standard of food subsidy for general staff of state organs on business trips. 7. Nutrition expenses: Nutrition expenses refer to the cost of non-daily dietary nutrition products purchased by the victim in order to assist ** or recover the body as soon as possible. The nutrition fee is determined according to the degree of disability of the victim, based on the opinion of the hospital and the certificate of expenditure for the nutrition fee.

If the victim is injured in a traffic accident and has not yet reached the level of disability, the scope of compensation that the victim can claim includes the following seven items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses. It is embodied in the provisions of Articles 17 and 18 of the Interpretation on Compensation for Personal Injury:

1) The items of compensation for the personal injury suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. (2) In addition to item 1, the compensation items for the victim's disability due to injury include:

Disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. (3) Compensation for the victim's death includes: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4) Solatium for mental harm suffered by the victim or close relatives of the deceased. Relevant knowledge.

The degree of injury and the consequences of a minor injury to the victim are more severe than that of a minor injury. Minor injuries are mainly regulated by the Criminal Law and the Criminal Procedure Law, and there are more cases of minor injuries caused to others in traffic accidents that require compensation.

1. The difference between minor injuries and minor injuries.

1) Minor injuries and minor injuries both arise from injuries to personal rights, and although there is only one word difference, they have become two completely different concepts of consequences and nature due to the different degrees of harm. The severity and consequences of minor injuries to the victim are greater than those caused by minor injuries. Minor injuries are mainly regulated by the Criminal Code and the Code of Criminal Procedure, while minor injuries are mainly regulated by the Civil Code and the Code of Civil Procedure.

2) Because the laws regulating the two are different, minor injuries only involve civil damages, while the scope of resolution of minor injuries is more complex, and it is permissible to pursue the criminal liability of the perpetrator, and at the same time require an attached civil compensation lawsuit.

3) Minor injuries can only be determined after being evaluated by the forensic medical department, and minor injuries do not have to be evaluated by the forensic medical department, but can be determined on the basis of the medical unit's diagnosis certificate. Sometimes the forensic examination says that minor injuries are more severe or more serious. In fact, minor injuries are more severe and are still minor injuries in essence, and minor injuries are more serious and substantial or minor injuries.

Although the word "heavier" has been added, the nature of the two has not fundamentally changed, and the severity of minor injuries may be appropriately considered in sentencing.

2. What are the new provisions of the Civil Code on traffic accident damages?

Article 1208 of the Civil Code [Application of Law on Liability for Motor Vehicle Traffic Accidents] If a motor vehicle causes damage in a traffic accident, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Article 1209.

Tort liability when the owner, manager and user of the motor vehicle are not the same] If the owner, manager and user of the motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of the motor vehicle of China Gas, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Article 1210.

Tort Liability for Motor Vehicles Transferred and Delivered but Not Registered] If the parties have transferred and delivered the motor vehicle by sale or other means but have not registered it, and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

If a traffic accident occurs in the general public, it is often considered unlucky, and some victims can get a little compensation, and they don't know how many rights and interests they have, or they miss the statute of limitations, leaving sequelae for life, and some perpetrators have become other people's ATMs, because they try to conceal the accident and suffer from the continuous extortion of others, a simple traffic accident has been delayed for several years and has not been resolved. Therefore, it is crucial for both the injured party and the responsible party to retain a lawyer. And for the plaintiff, the lawyer's fee can be claimed from the defendant as a compensation item, so it is well worth the money to hire a lawyer.

There are many laws involved in traffic accident compensation, but how to correctly and effectively grasp the evidence, how to reasonably determine the compensation items and litigation objects, and how to quickly resolve disputes, which not only requires comprehensive business knowledge and rich practical experience, but also psychological maturity, not panic, good psychological quality, and can accurately grasp the mentality of the other party, which cannot reach this level without certain practice experience. There are about 15 compensation items in traffic accident compensation, and only by entrusting a professional lawyer can we seek more compensation for the parties and better protect the rights and interests of the parties. Whether or not a lawyer is required to file a lawsuit depends on the circumstances.

If you can't sue for your own behavior, then you can find a lawyer, or you can submit a complaint to the court without a lawyer. A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Do I need to hire a lawyer to apply for enforcementIf I have a discretionary lawyer to apply for enforcement, I do not need to go to the court.

The need to hire a lawyer for compulsory enforcement is determined according to the wishes of the applicant or the person subject to enforcement, and in the judicial practice, the hiring of a lawyer for compulsory enforcement has the following functions:

1. Help the parties to choose the enforcement court and apply for compulsory enforcement within the time limit prescribed by law, and help the parties to apply for property preservation before the enforcement case is filed in case of emergency.

2. When it is found that the property of the person subject to enforcement has been seized by other courts, an application shall be submitted to the enforcement court to request that the case be transferred to another court for enforcement or to participate in the distribution.

3. When it is found that the enforcement court is not effective in enforcement, it shall apply to the court at the next higher level for compulsory enforcement.

4. Apply for addition or change of the person subject to enforcement. Articles 28 and 29 of the Lawyers Law of the People's Republic of China.