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Q

Damages claim lawsuit, can I do it without an attorney?

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I'm a business owner running a factory. Recently, a worker died during heavy material handling work at the site, and I'm being investigated by investigative agencies on charges of violating the Industrial Safety and Health Act and occupational negligence resulting in death. During the investigation, issues raised include: not preparing a work plan, inadequate maximum allowable load markings, and not conducting safety tests on self-manufactured heavy material handling tools. The accident also involved the worker's arbitrary work behavior, but I'm worried all responsibility is being attributed to me. For industrial safety violation cases where worker death occurs, I'm wondering what direction I should respond in from the early investigation stage to avoid actual prison time... And I'm also debating whether I absolutely need to hire an attorney.

damages claim lawsuit

damages claim

civil specialist attorney

damages specialist attorney

A

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You are preparing for a damages claim lawsuit. According to the Civil Act, a person who has caused harm to another through tortious acts must compensate not only for physical and property damages but also for mental damages.

Therefore, you can claim from the other party through a damages claim lawsuit not only for the physical damages currently suffered but also for business interruption damages and consolation money for mental damages.

If you prepare the lawsuit alone, you must directly prove the damages based on whether there is negligence, the perpetrator's unlawful act, or the causation of the accident.

However, if you cannot clearly prove the damages you suffered or the perpetrator's negligence, claiming damages may become difficult.

Therefore, it is important to collect evidence that can objectively prove the other party's negligence.

If you retain a damages specialist attorney, you can quickly respond to facts and legal aspects, evidence collection, and other procedures and practices, enabling prompt and accurate assistance.

Therefore, if possible, we recommend retaining a damages specialist attorney who can provide legal advice to respond to the lawsuit.

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