Frequently Asked Questions

23 2026-10

At the same time, how should the right of set-off be exercised?

The lawyer explained the four applicable conditions and exercise methods of the right of simultaneous performance of the defense: the parties to the same bilateral contract have mutual debts, and all of them have reached the due date; the other party has not performed its obligations; and the scope of refusal to pay should correspond to the unperformed part.

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23 2026-10

What is the case-handling model of a civil and commercial law firm's team?

The lawyer analyzed the case-handling model of the civil and commercial team: the lead lawyer takes the lead, the work is divided into different stages, and the whole team discusses and reviews the cases together. There is a fixed communication mechanism, and the fees and responsibilities are subject to the written contract of entrustment.

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23 2026-10

Are SMEs suitable to hire criminal law consultants?

The lawyer explains the necessity for small and medium-sized enterprises to hire criminal legal consultants: Criminal law implements a double punishment system for corporate crimes. Consultants can conduct compliance checks in advance and respond to investigations during the process, thereby reducing criminal risks.

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23 2026-10

Who should I sue in the event of a dispute over insurance claims?

The lawyer explains how to determine the defendant in a claims settlement dispute: For insurance contracts, the insurer should be sued; for traffic accidents, the insurer and the infringer can be sued concurrently. According to the Insurance Law, the insurer must approve the claims within 30 days.

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23 2026-10

Can I sue the insurance company if they underpay the compensation?

The lawyer explained that if the insurance company underpays, the insured can sue to recover the difference. The exemption clause will not take effect if it is not clearly explained to the insured. The insured needs to provide evidence of the actual losses through receipts and appraisals. Please note that the statute of limitations is two years.

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23 2026-10

After the statute of limitations has passed, can I still sue for compensation?

The lawyer explained that even after the statute of limitations has passed, it is still possible to file a lawsuit. The court will not actively review the statute of limitations, and if the other party does not raise a defense, the plaintiff can still win the case. WeChat collection and partial payments can cause the statute of limitations to start over.

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23 2026-10

Can the court of jurisdiction be agreed upon in personal injury cases?

The lawyer explained that personal infringements cannot be subject to jurisdiction by agreement. According to Article 29 of the Civil Procedure Law, the jurisdiction shall be determined by the place of the infringement or the defendant's residence. Online infringements can be sued at the place of residence of the person whose rights have been infringed.

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23 2026-10

Which court should I go to if I want to sue in a traffic accident case?

The lawyer explains in detail the jurisdiction of traffic accidents: The lawsuit can be filed either at the location of the accident or at the defendant's residence, according to Article 29 of the Civil Procedure Law. The choice of the court with the most favorable jurisdiction will affect the compensation standard. A list of supporting materials is attached.

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