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2023-08-04

{"zh":"法律咨询总结","en":"Summary of Legal Consultation"}

{"zh":"

案情一:咨询人(陈楚见)驾驶摩托车在枫南路被宁波人王海霞驾驶轿车碰撞致伤,交警认定王海霞负主责,陈楚见负次责。陈楚见伤愈后经鉴定为10级伤残。因轿车保险人民安保险公司理赔标准过低,双方未在交警队就赔偿问题达成调解,陈楚见欲诉诸法院,特就起诉事宜咨询。

律师咨询:陈楚见虽然系临海农村户口,但其从08年开始在椒江开发区工作,每月稳定收入6000元。为此,律师建议陈楚见准备劳动合同、工资收入证明及租住在开发区的证明,按照城镇标准索赔。

 


案情二:何利友因农村建房与邻居何义富发生肢体冲突,何义富携子何勇、何胜将何利友打伤,造成何利友面部软组织挫伤、鼻骨骨折,经鉴定未构成轻伤。何利友报案,目前该案由当地派出所作为治安案件立案处理,但尚未作出治安处罚。何利友咨询索赔事宜。

律师咨询:鉴于本案派出所已经作为治安案件立案受理,根据治安处罚法规定,派出所须在立案后90日作出处理,故建议何利友向派出所寻求解决,在派出所处理治安案件过程中协商赔偿事宜。如果协商不成,再凭行政处罚通知书起诉至法院。

 


","en":"

Case 1: The consultant (Chen Chujian) was injured by a Ningbo native Wang Haixia driving a car while driving a motorcycle on Fengnan Road. The traffic police determined that Wang Haixia was primarily responsible, while Chen Chujian was secondary. Chen Chu was identified as a level 10 disability after recovering from his injury. Due to the low compensation standards of the People's Safety Insurance Company for sedan insurance, both parties did not reach a mediation agreement on the compensation issue in the traffic police team. Chen Chu intends to appeal to the court and has consulted on the matter of litigation.

Lawyer consultation: Although Chen Chujian holds a rural household registration in Linhai, he has been working in Jiaojiang Development Zone since 2008 with a stable monthly income of 6000 yuan. Therefore, the lawyer suggested that Chen Chujian prepare a labor contract, proof of salary income, and proof of renting in the development zone, and claim compensation according to urban standards.



Case 2: He Liyou had a physical conflict with his neighbor He Yifu for building a house in the countryside. He Yifu, together with his sons He Yong and He Sheng, injured He Liyou, causing him facial soft tissue contusion and Nasal fracture, which did not constitute minor injuries after identification. He Liyou reported that the case is currently being filed and handled by the local police station as a public security case, but no public security punishment has been imposed yet. He Liyou inquired about the claim matter.

Lawyer consultation: Considering that the police station in this case has already been accepted as a public security case, according to the Public Security Penalty Law, the police station must handle the case within 90 days after filing. Therefore, it is recommended that He Liyou seek a solution from the police station and negotiate compensation matters during the police station's handling of public security cases. If the negotiation fails, a lawsuit will be filed with the court based on the administrative penalty notice.


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