This case is a typical dispute over motor vehicle traffic accident liability. Plaintiff A suffered a Grade 10 disability due to the accident and faced multiple challenges during the claim process, including the defendant's absence, the insurance company's defense, and flaws in the evidence regarding loss of earnings. After accepting the commission, Attorneys Zhou Dongxue and Nan Jide from Beijing Rudu Law Firm, relying on their professional case-handling capabilities, rigorous evidence organization, and strong courtroom defense, maximized the protection of the party's legitimate rights and interests. Ultimately, they helped the plaintiff obtain compensation of over 300,000 yuan, providing a practical reference for similar traffic accident rights protection cases.
On June 20, 2024, in Shijingshan District, Beijing, Defendant B drove a small passenger car that collided with the vehicle driven by Plaintiff A, resulting in injuries to A's left hand and damage to the vehicle. The traffic management department determined that B bears full responsibility for the accident, while A bears no responsibility.
Following the accident, A was diagnosed with a comminuted fracture of the distal left radius. Upon assessment, this constitute0 disability, with a recommended period of 90-120 days for loss of earnings, 30-60 days for nursing card 60-90 days for nutritional support. The vehicle driven by B was insured with Company C for Compulsory Traffic Insurance and a 3 million yuan commercial third-party liability insurance. The insurny initially paid only 38,090 yuan and refused full compensation. To protect his rights, A filed a lawsuit demanding compensation totalig 366,186.64 yuan for medical expenses, loss of earnings, disability compensation, and other costs. During the trial, Defendant B failed to appear without a valid reason despite proper summonmpany C only acknowledged partial compensation items and raised objections to loss of earnings and transportation costs, creating significant obstacles to the claim. Consequently, A entrusted Lawyer Zhou Dongxue and Intern yer Nan Jide from Beijing Rudu Law Firm to represent him in this case.
Attorney Zhou Dongxue possesses a profound foundation in legal theory and extensive practical experience in litigation and non-litigation matters. Since commencing pract has focused on corporate affairs, contract disputes, tort disputes, family law, and labor disputes, providing consultation and dispute resolution services. She serves as legal counsel for multiple companies, havingmulated rich experience in legal services within this field and providing clients with comprehensive, high-quality legal services.
Handled numerous complex and difficult cases involving corporate law, contracts, family law, and labor disputes, safeguarding the legitimate rights and interests of clients.
Lawyer Nan Jide passed the National Unified Legal Professional Qualification Examination with high scores. Currently serving as a trainee lawyer, he specializes in civil and commercial litigation, labor disputes, contract review, and legal advisory services. Possessing a solid legal foundation and strong writing skills, he is familiar with case procedures, evidence organization, and legal research. He works rigorously and responsibly with a keen eye for detail, strictly adhering to professional standards to safeguard the legitimate rights and interests of clients through professional service.
Upon accepting the commission, the two lawyers immediately reviewed the case materials comprehensively and accurately identified the core issues in dispute. Based on the specificsof the case, the lawyers established a strategy centered on "establishing the facts of the accident, perfecting core evidence, legally claiming compensation, and maximizing the protection of rights." e hand, they assisted the Plaintiff in supplementing key evidence such as medical expense receipts, proof of kinship, and disability assessment materials; on the other hand, they formulated trial strategies to aess flaws in the evidence regarding loss of earnings. Meanwhile, they prepared contingency plans for scenarios involving the Defendant's absence and the insurance company's defenses, providing professional legal support to Plaintiff roughout the process.
Throughout the case handling process, lawyers from Rudel Law Firm took the lead in upholding rights and interests and advanced the case steadily. The lawyassisted the plaintiff in applying for disability and "three-period" appraisals, secured legally valid appraisal opinions, and laid a factual foundation for core compensation items; meanwhile, they comprehensivezed evidence such as medical expense receipts, accident determination reports, and medical records to form a complete chain of evidence and presented it clearly in court. In response to various objections raised by tance company, the lawyers refuted them forcefully, legally claimed reasonable compensation, and truthfully explained evidence deficiencies while cooperating with the court's verification. Facing the absence of Defendant B frm the trial, the lawyers fully expounded on accident liability and infringement facts, assisted the court in ascertaining the case details, prevented damage to the plaintiff's rights and interests, accuratelyiculated the basis for the claims during the trial, and made every effort to safeguard the parties' legitimate rights and interests.
Upon trial, the court adopted the key evidence and legal opinions submitted by the attorneys of Rudel Law Firm and rendered a judgment in accordance with the law: Defendantance Company shall compensate Plaintiff A for medical expenses, loss of earnings, nursing care fees, disability compensation (including living expenses for dependents), and mental distress damages, otaling 305,562.64 yuan; the case acceptance fee and appraisal fee shall be borne by Defendant B.
The attorney successfully secured all core compensation corresponding to a Grade 10 disability for the plaintiff. Key items such as disability compensation, living expenses for depcompensation for mental distress were fully supported, resulting in a total compensation amount approaching 85% of the plaintiff's claim, efficiently achieving the client's goal of upholding ts. Following the effective date of the judgment, the insurance company fulfilled its payment obligations on schedule, fully compensating the plaintiff for their losses.
一、Secure evidence in a timely manner. After a traffic accident, be sure to preserve materials such as the Traffic Accident Liability Determination Certificate, medical records, mdical bills, proof of lost wages, and bank statements. For lost wages, provide objective evidence such as bank statements and social security records whenever possible to avoid affecting compensation due to evidentary defects.
二、Apply for disability assessment in a timely manner; if a disability is established, apply for an assessment by a legitimate institution during the litigation to determine the disability gde and the "three periods" (rest, nursing, and nutritional care periods), which is crucial for claiming disability compensation, loss of earnings, and other damages.
三、Legally claim compensation items; the items for traffic accident compensation are clearly defined and must be calculated strictly in accordance with the law. Proof of kinshipack of labor capacity is required for claims regarding the living expenses of dependents; do not blindly claim excessive compensation.
四、Engage a professional lawyer to protect your rights. Traffic accident cases involve professional issues such as liability determination, insurance claims, and evidence organization. Especially when facing situations like the defendant's absence or insurance company defenses, a professional lawyer can effectively mitigate risks, maximize compensation, and prevent parties from suffering losses due to self-representation.