In what cases can a damages claim lawsuit be pursued?

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An employee recently had major surgery due to an occupational injury. They said they'll file an industrial accident damages lawsuit against the company. I don't know how it will turn out, which is very scary. I want to defend with the maximum possible amount... It would be better to hire a specialist attorney to respond to the industrial accident lawsuit, right? Does having or not having an attorney make a big difference in the lawsuit?

damages claim lawsuit

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作者: 김국일

I see you have asked about the requirements for filing a damages claim lawsuit.

A damages claim lawsuit is legally a lawsuit pursued by a person who has suffered damage due to tort or breach of contract to claim compensation from the perpetrator or the contracting party.

Therefore, cases where a damages claim lawsuit can be pursued can be largely divided into two categories.

(1) Damage from tort

If you have suffered damage due to another person's negligence such as in traffic accidents or injury cases, you can receive compensation for treatment costs, hospitalization costs, and after-effects through a damages claim lawsuit.

Also, mental suffering or psychological damage from disability can also be subject to damages claims.

(2) Damage from breach of contract

You can file a lawsuit for damages incurred due to non-performance of contractual obligations or breach of contract terms.

To pursue a damages claim lawsuit, you need evidence that can prove that you have suffered damage and the extent of that damage.

Treatment cost receipts, medical certificates, and accident scene photos due to the accident can be used as key evidence.

Also, you must prove that the other party committed wrongdoing or failed to fulfill obligations.

Furthermore, the amount of damages incurred must be accurately calculated, and in this process, damages including medical expenses, treatment costs, and mental suffering must be specifically proven.

Damages claim lawsuits have complex legal procedures and require careful attention to evidence submission, so it is good to consult with a civil specialist attorney before proceeding with the lawsuit.

This is because the attorney can help with damages calculation, evidence collection and submission methods, and devise strategies for the lawsuit to proceed smoothly.