Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid. "
If the victim dies, the compensation obligor shall compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victim in handling the funeral, in addition to the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment situation. "The' equal expenses' and' other reasonable expenses' in these two provisions show that the national laws not only protect the losses listed in the law, but also generally protect other reasonable expenses, which provides a legal basis for the lawyer's fees to be ultimately borne by the compensation obligor.
(2) A kind of contract case in which the creditor exercises the right of cancellation to realize the secured creditor's rights.
The scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and the expenses for realizing the creditor's right. Unless otherwise agreed by the parties, such agreement shall prevail.
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
Second, how is the lawyer's fee generally calculated? All provinces, autonomous regions and municipalities directly under the Central Government have guidance on attorney fees, but the specific amount of litigation attorney fees needs to be decided by the parties and lawyers through consultation. The factors to be considered in the lawyer's fee mainly include: the amount of the subject matter of the case, the difficulty of the case and the workload of the lawyer.
Third, can you ask the other party to bear the lawyer's fee If the recovery of labor remuneration involves litigation, then the lawyer's fee can be asked to bear it. However, the laborer needs to sign an agency contract and an official invoice issued by the law firm of the State Taxation Bureau. Generally speaking, as long as the laborer provides the agency contract signed with the law firm and the official IRS invoice issued by the law firm, the arbitration commission will support the lawyer's fee according to the proportion of the laborer winning the case.
To sum up, traffic accidents, medical disputes, personal injuries and other infringement cases may require the other party to bear the lawyer's fees, and other cases may also have agreements.