"It's been six months since the traffic accident, and the other party just doesn't want to pay compensation." On November 2, 2023, an elderly man walked into the Songjiang District Legal Aid Center and told the staff what happened. One afternoon in May 2023, when Uncle Chen was driving an electric bicycle on the road, he collided with Wang, who was also driving an electric bicycle, and the accident caused multiple fractures of Uncle Chen's left shoulder blade and left wrist bean-like bone, and more than 15,000 yuan in medical expenses have been spent. According to the traffic police department, due to the improper operation of Wang's non-motor vehicle, he was fully responsible, and Uncle Chen was not responsible. However, the two parties were unable to reach an agreement on compensation for a long time, and Mr. Chen listened to the suggestions of others and filed a lawsuit with the court. However, the follow-up litigation process made Uncle Chen very difficult, and in desperation, he came to the Songjiang District Legal Aid Center for help.
Simplify the process and handle it synchronously
The staff patiently listened to Mr. Chen's account, and informed him that his request was in line with the legal aid matter of "claiming rights due to personal injury caused by traffic accidents" according to the veteran's preferential treatment card and traffic accident materials provided by him, and because he was a retired soldier and was a recipient of preferential care, he was exempted from examining his family's financial situation. The center immediately opened a green channel to give priority to the acceptance and approval of Mr. Chen's application for legal aid. In order to reduce the number of times Uncle Chen runs, the center called in advance to pre-assign a legal aid lawyer to come to the center to handle the lawyer's appointment procedures at the same time. Subsequently, the center decided to grant legal aid to Mr. Chen on the spot, and appointed Zhang Yanling, a lawyer from Shanghai Zhizhiyuan Law Firm, to provide legal aid to the recipient of the non-motor vehicle traffic accident dispute.
Careful verification, enthusiastic service
After accepting the assignment, Mr. Zhang came to the center as soon as possible to talk with Mr. Chen, inquire about the case, and make corresponding legal explanations to inform him of the litigation risks. Due to the confusion of the litigation materials submitted by Mr. Chen to the court, in order to facilitate the clarification of the case, Mr. Zhang reorganized the case according to the existing evidence according to the medical expenses, hospitalization supplies, transportation expenses and other items. Since Mr. Chen had filed a lawsuit on his own and applied for disability and third-stage appraisal, Mr. Zhang immediately contacted the presiding judge, submitted the entrustment materials, and applied for a deferment of legal fees for Mr. Chen. After identification, Mr. Chen was found to have a grade 10 disability, with a missed work period of 150 days, a nursing period of 60 days, and a nutrition period of 60 days. In February 2024, based on the appraisal results, Mr. Zhang submitted an application for modification of the litigation request to the court after obtaining the consent of Mr. Chen. In order to help Mr. Chen defend his rights, Mr. Zhang assisted Mr. Chen in collecting the salary payment of the previous year, and changed the litigation claim again in May of the same year, requesting that the defendant be ordered to compensate the plaintiff for 14 losses totaling more than 190,000 yuan, including medical expenses, disability compensation, and nursing expenses. On May 13, 2024, the Songjiang District People's Court held a public hearing of the case, during which the defendant's attorney objected to the amount of compensation, believing that part of the payment had been made to Mr. Chen's family and should be deducted, but because the defendant did not appear in court and Mr. Chen did not know, the court organized another hearing on June 12, 2024 and completed all the trial procedures. After the trial, Mr. Chen said, "Mr. Zhang has given me a lot of support and encouragement, and I am very grateful to the Legal Aid Center and Mr. Zhang no matter what the outcome is." "The verdict in this case will be announced at a later date.
In recent years, the Songjiang District Legal Aid Center has actively explored new ways to protect the rights of the military, and protected the interests of national defense and the legitimate rights and interests of military personnel and their families and retired servicemen in accordance with the law. Deepen military-civilian cooperation, set up legal aid workstations for military personnel and their families, and legal aid studios for retired military cadres, and sign agreements on military-civilian exchanges and cooperation; Optimize measures to facilitate the people, smooth the "green channel" for military-related cases, adhere to the "priority reception, acceptance, review, and assignment" of military-related cases, and launch services such as "appointment handling", "online handling" and "remote handling", and implement telephone appointments and door-to-door acceptance for military personnel and military dependents and retired servicemen with special difficulties such as injury, illness and disability; Improve the quality and efficiency of services, select aid lawyers who have practiced for more than five years to form a team of military-related legal aid lawyers, assign cases individually and follow up on the whole process, military-related cases must be subject to trial observation and inspection, and at the same time provide "order + fixed-point" services for military families, retired soldiers, and retired military cadres on-site or telephone legal consulting services. In the next step, the Songjiang District Legal Aid Center will continue to work with the District Armed Forces Department and the District Veterans Affairs Bureau to continuously improve the working mechanism, strengthen the effectiveness of case handling, improve the quality of cases, and provide legal aid guarantees for the work of supporting the military and giving preferential treatment to family members in the new era in accordance with the "Implementation Measures for Legal Aid Work for Military Personnel and Military Dependents" and "Opinions on Strengthening Legal Aid Work for Military Personnel" and other laws and regulations.
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