Author: Chen Jinmu
Publisher:
Publish Date: 2005-02-01
Features: Perhaps by chance, you unwillingly become a party involved in an accident. If fortunate, you may only suffer minor losses, and since you have insurance, you can still file a claim with the insurance company (as long as it is not an excluded coverage item). However, if you lack insurance and suffer injuries, require hospitalization, or even if your loved ones are injured or pass away as a result, how should you identify the liable party? How should you determine which items are claimable and the amount of compensation? How should the compensation be calculated? How should evidence be collected? How should you seek compensation through negotiation, mediation, or litigation? When you are inevitably drawn into a lawsuit, how can you best protect your legitimate rights and interests? Or, as a judicial officer facing the requests of parties involved in a dispute, how can you fairly determine who is at fault when making a judgment in accordance with the law? This book is specifically written to address these issues. Additionally, the authors of this book are mostly master's or doctoral students in law from renowned law schools, and some are judges or lawyers with years of judicial practice, possessing deep expertise in both legal theory and practice. We believe this book can provide a valuable reference for you in terms of the operational guide and effective compensation path. To facilitate readers' access, the book has been specially designed in terms of structure and format. Compared to other dispute-related books, its unique features are as follows:
1. The chapters of this book are arranged in the chronological order of the compensation process:
① Overview of the accident, providing you with a basic legal understanding of the incident.
② After the accident, under what circumstances can a claim be made (accident determination).
③ Disability assessment (this is a key basis for compensation).
④ How to determine the liable party (who is responsible).
⑤ Compensation items and amount calculation (giving you a clear idea when claiming).
⑥ Evidence collection (gathering various relevant evidence can increase your chances of success in claiming).
⑦ What remedial measures can be chosen (dispute resolution methods).
⑧ What difficulties may arise during the compensation process and how to resolve them.
⑨ Finally, it includes relevant legal grounds for compensation and sample legal documents commonly used in the compensation process.
2. We present the procedural aspects involved in compensation in the form of 【Flowcharts】, allowing you to grasp the overall process quickly.
3. The book strives for simplicity in language while providing vivid 【Case Studies】 to illustrate points. For some important issues in these cases, we include professional 【Lawyer Comments】, and for key doubts and difficulties in the core content of compensation, we provide 【Expert Explanations】 to help you better understand complex legal issues.
4. We also provide professional 【Lawyer Reminders】 for valuable yet easily overlooked issues, marked with a gray box for emphasis.
Building Accident Claim Guide (Claim Guide Series)
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