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2023-08-04

Summary of Legal Consultation

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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