February sued General: Yichun air crash overseas claim

Source: Internet
Author: User
Shang Division with "Lose how much has no matter, I just want to get out of this matter as soon as possible." January 6, Liu Fang (a pseudonym) told reporters.  Her husband died last year in the "8 24" Yichun crash, and 4 months later, sadness still lingers. A compensation package like Liu Fang is only part of it. At present, more than 30 families of the victims are negotiating with relevant parties on the issue of compensation. Some of the family members are seeking help from lawyers because they are dissatisfied with the air crash compensation program.  Some of the victims ' families have been contacted by Chinese lawyers acting for overseas lawsuits.  According to the original plan, Chinese lawyers intend to start the international claims process after the domestic settlement, after the completion of the work, but because the domestic compensation process is more complex, and the two sets of claims do not conflict, they are no longer waiting. "Must respect the family's opinion, the air crash to the family member's impact is too big, we can feel this."  "For family members like Liu Fang, they will respect her choice," said a lawyer at the Tian Rui law firm, who is acting for the case.  It is reported that nearly 20 victims or families of the injured have reached an agreement with them, according to the Chinese lawyer's plan, the fastest in the United States next month to sue GM.  In Chicago, Rebeck law firm set up a more than 10-person team, ready to prosecute evidence and related materials, such as the Chinese delegation after the end of the international claims process.  Domestic claims not yet completed August 24, 2010, a plane from Harbin to Yichun aircraft in Yichun Airport landed in two sections, on the plane 42 people were killed, 54 people were injured.  After the crash, the families of the victims through the QQ group, contacts set up a contact, disaster of these far apart families linked together, began their claims road.  A week after the incident, the original Henan Airlines announced the accident victims of the compensation standards, the total amount of compensation for each person in distress is 960,000 yuan. More than 100 families of the victims expressed dissatisfaction after the compensation package was announced. "960,000, put in Shanghai, Beijing, such as the city, according to 20,000 yuan a square meter, can only solve 40 square meters of the house, and the victims left behind the children's lives, education and a series of problems, let the family worried."  "said a lawyer at the lawyer's office who contacted the victims ' families.  Family members can not accept, in addition to the amount of compensation, there is also a request to the families of the victims after the signing of the agreement, no longer to the airlines and their subsidiaries to make any claims of the provisions. In a "situation note" submitted to the Civil Aviation Authority, the families are required to make adjustments to the 4 aspects of the previous scheme, such as death compensation, spiritual comfort, burial expenses and family life allowance.  Meanwhile, the "release of Responsibility", drafted last August 30, was withdrawn.  Agent of the 2004-year Baotou crash in Beijing, the lawyer Jun Junbo told reporters, he advised the family members to leave an opening, even if the first according to this compensation standards to go, in the future if the airline found fault, can also be based on the actual situation to claim. Jun Junbo that the emptyIn the light of the agreement reached at the time, compensation for China's 3 million-yuan (at the time of the 11.75 million-dollar equivalent of the renminbi at the time) was an amount acceptable to Chinese airlines, aircraft manufacturers and their insurers.  "0 litigation fees" domestic claims in a tangle of state, international claims are also in preparation.  At present, this international litigation commissioned in the basic idea of cost is: before the realization of the settlement, the family do not have to pay a penny, including text fees, file fees are not out. "After the successful case, according to the contract, proportional distribution of compensation, that is, the family's risk has been reduced to the lowest, the entire international settlement of all economic risk, reputation risk, all the U.S. law firm to bear, the Chinese family to the United States court fees, visa fees, is also borne by us.  "One of the lawyers in the law firm, a lawyer involved in the case, told reporters.  Lawyers said it is difficult to estimate the amount of compensation that can be finally awarded, because the air crash survival ratio is high, the victims are divided into two categories, one is the victims ' families, one is the wounded, the wounded are divided into light, serious injury, at the same time, according to the deceased occupation, age, the "The American legal system, unlike China, is based on the value of the rest of the life and has a basic reference amount." In the United States, it is generally assumed that a male citizen can live to the age of 80, and if the deceased is 40 years old, then the basic amount of 40 is compensated.  "This will be the basis of the compensation negotiations," said the lawyer at the Tian Rui law firm.  Earlier, Chinese lawyers, along with U.S. lawyers, have filed claims for relatives of Chinese citizens killed in the Kenyan crash. May 5, 2007, the Kenyan Airlines flight 507 in Cameroon Douala in the air crash, the victims included 5 Chinese citizens, in the claims lawsuit process, Tian Rui lawyers and the United States counterparts, so that Boeing and its insurance companies to pay each of the Chinese citizens killed nearly 2 million yuan,  And at the end of 2009 all paid. According to the lawyer at the Tian Rui law firm, the amount of compensation in the case cannot be referred to in Kenya.  Kenya's plane crash and the case crashed, the aircraft is not the same, the model is not the same, Kenya Airlines is Boeing 777 models, the Yichun air crash is a Brazilian E190 aircraft, and the Kenyan case was negotiated through the settlement.  After the crash in Kenya, acting lawyers for the families of the Chinese victims soon began negotiations with aircraft manufacturers, and more than a year after the 2008 financial crisis, aircraft manufacturers and insurers were so much more generous in their negotiations than they were when they began to judge the economic situation. "The lawyer's principle is early than late, when we reported 2 million of the compensation figures to the Chinese family there, they think that the number is good, agreed." According to the contract at the time, all the payments were subject to the consent of the Chinese family, and they agreed that we would not insist. "The closing amount," says a lawyer at the lawyer's office in Kenya.is not ideal, in the U.S. lawyers in the past to do the air crash payments, is relatively low.  "In addition, the occupation and age of the victims in the Kenyan case are single, unlike in this case involving civil servants, businessmen and farmers." The occupational composition is more complex.  For different occupations, age, the "pricing" of claims also have a difference. "There are still a few children in the air crash, and his family said that the child now sleeps in the middle of the night screaming, and even incontinence, how much will affect the child's future life, and no one can assess it now." The United States is a country that attaches great importance to the rights of children, as a case law system, the judge compassion, 10 million may agree.  "said the lawyer at Tian Rui law firm.  International claims will take 3 months to 3 years to prosecute the U.S. general, the United States is based on product quality responsibility related laws.  According to US law, if there is a possible causal relationship between the aircraft crash and the parts, there is a possible correlation between the crash and their products, and the manufacturer, supplier and related insurance company of the aircraft's components can be sued.  Although the E190 aircraft in the Yichun crash was made in Brazil, the engine was made by General Electric in the US, so the main prosecution in the United States would be GE and the associated insurer. A lawyer at the Rebeck law firm, entrusted with the case, argues that the crash may have been related to the design and quality of the engine, and may have been the cause of the pilot's operation, but that the possibility of an engine problem could be a temporary liability.  As long as the engine design or quality may be related to the crash, there is no need to prove that there is a causal relationship between the engine problem and the crash, the U.S. general will bear the liability to pay. "We are now using this ' possibility ' to prosecute in the United States.  Jun Junbo said. The results of the lawsuit, lawyers believe that according to the previous case as a case, "the compensation for aircraft engines, the engine of the plane will be the manufacturer of General Electric pressure, the general will be reconciled and adjust the way to resolve, that is, will be associated with the responsible party to make compensation."  A lawyer at the Tian Rui law firm, who is acting for the case, told reporters. According to the lawyer, the time to complete international claims is generally 3 months to 3 years, the normal 2 years or so can be.  A team of more than 10 U.S. teams will make detailed claims assessments for each victim and injured person. It is reported that the general company's insurance companies have more than in London, Singapore and other place, specifically with which insurance companies to negotiate, but also to be confirmed by the general company.

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