Can the defendant claim compensation from the plaintiff in the event of a lawsuit?

If the defendant can claim compensation to the plaintiff during the lawsuit, of course, it is also possible, that is, if you ask what should be done, you can do it, so when you file a lawsuit, you can claim compensation from the plaintiff, and in this case, it is completely okay, but the court does not support it?

In divorce proceedings, the defendant may file a claim for negligence damages against the plaintiff during the pleadings and the court. Judges often need to adjust this issue. If the adjustment is not possible, the judge will not give a hard verdict and recommend that you file a separate lawsuit.

In divorce proceedings, the defendant can file a claim for fault damages against the plaintiff in the course of the defense. Judges must make general statements on this issue. In the absence of such provisions, the judge will not render a final judgement and recommend that he retry a new case.

According to the provisions, the defendant can claim compensation from the plaintiff.

Yes, this is called a counterclaim. If it is to be filed within the defence period, it is also necessary to pay the counterclaim fee in advance.

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In divorce proceedings, the defendant may file a claim for fault damages against the plaintiff in oral arguments and at trial. Judges usually adjust this issue. If the adjustment is not feasible, the judge will not make a firm decision and recommend further action.

In the event of a breakdown of marriage, the defendant may file an application for damages against the plaintiff in action and at court hearing, which will normally have to be resolved by a judge who will not insist on judgment in absentia.

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Legal Analysis: Yes. In the case of a traffic accident or a dispute over the right to health arising from a fight, the defendant may counterclaim and demand compensation from the plaintiff for the defendant's losses.

This is quite normal. Even if it is not resolved in this case, the defendant can file a separate lawsuit to cause the plaintiff to compensate for damages. Because the plaintiff is also at fault, it has also caused losses to the defendant, and it should be compensated according to law.

Legal basis: "Judicial Interpretation on Compensation for Personal Injury" Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Legal Analysis: The plaintiff cannot be required to pay compensation. 1. The court will not hear two sets of disputes with different legal relationships at the same time.

The plaintiff's lawsuit is based on a contract or other dispute, while the loss of time and attorney's fees are based on the plaintiff's lawsuit, which are different legal relationships, and it is impossible for the court to hear the lawsuit at the same time. 2. Even if a separate lawsuit is filed, the court will not file and accept it. 3. In the same way, even if the plaintiff wins the lawsuit, unless the two parties have a contract in advance, the lawyer's consultation fee is basically borne by himself.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 237:Where one party fails to perform on the ruling of a lawfully established adjudication body, the other party may apply to the people's court with jurisdiction for enforcement. The people's court receiving the application shall enforce it.

Can the defendant claim compensation from the plaintiff in court?No. 1. The court will not hear two sets of disputes over the legal relationship of different groups of jujube at the same time.

The plaintiff sued you based on a contract or other dispute, while your lost time expenses and attorney's fees were based on the plaintiff's lawsuit, which are different legal relationships and cannot be heard by the court at the same time.

2. Even if you file a separate lawsuit, the court will not file and accept it.

The plaintiff has the right to sue, regardless of whether he is vexatious or not, he has the legal right to sue, and his action is not at fault, so there is no need to compensate you for damages. Even if you go to file a case, there is no basis for it;

3. In the same way as the lawyer's consultation fee, even if the plaintiff wins the lawsuit, unless the two parties have agreed in a contract in advance, the lawyer's consultation fee is basically borne by himself.