CONTENTS
- 1. The Client Who Came to the Busan Attorney
- - Busan Attorney Ascertains the Circumstances of the Client's Case
- - Statutes Related to the Damages Case as Explained by Daeryun's Busan Attorney
- 2. Busan Attorney's Assistance for the Client's Claim for Damages
- - Busan Attorney's Assistance 1. Argument as to Liability for Damages
- - Busan Attorney's Assistance 2. Argument as to the Client's Family's Nursing Care Costs
- 3. Result of the Busan Attorney's Assistance: Successful Claim for 50 Million Won in Damages
- - For Traffic Accident Damages, Consult a Daeryun Busan Attorney
1. The Client Who Came to the Busan Attorney
The client who came to the Busan attorney was suffering from serious aftereffects of an accident sustained five years earlier.
The client decided to file a claim for damages for these aftereffects and requested the assistance of Daeryun's Busan attorney.
Busan Attorney Ascertains the Circumstances of the Client's Case
The situation of the client who came to Daeryun's Busan attorney is as follows.
The client operated a lunchbox shop with her husband in the city of Busan.
Given the nature of the shop, there were many delivery orders for group purchases, and the client made an honest living by personally driving a small compact car to make deliveries.
At the time of the incident five years ago, the client was likewise delivering a group order.
The client stopped her car at a red light, but the bus following behind failed to brake in time and rear-ended the back of the client's vehicle.
The client was pushed forward about 50 meters by the collision and, as a result, sustained serious bodily injuries, including fractures of the ribs and leg bones and a concussion.
Although the long period of hospitalization ended, over the five years since the incident the client has continued to receive treatment and is experiencing suffering in daily life.
Accordingly, the client decided to file a claim for damages in order to receive at least monetary compensation.
Statutes Related to the Damages Case as Explained by Daeryun's Busan Attorney
Claim for Damages Lawsuit (Criminal Act)
Civil Act Article 750 (Contents of Tort)
- A person who causes loss to or inflicts injuries on another person by an unlawful act, intentionally or negligently, shall be liable to compensate for damages arising therefrom.
Civil Act Article 751 (Compensation for Damages Other Than Property)
- A person who has injured the person, liberty, or reputation of another, or has inflicted mental anguish on another, shall be liable to compensate for damages other than property as well.
Civil Act Article 752 (Solatium for Injury to Life)
- A person who has injured the life of another shall be liable to compensate for damages to the lineal ascendants, lineal descendants, and spouse of the victim, even where no loss to property has occurred.
2. Busan Attorney's Assistance for the Client's Claim for Damages
Daeryun's Busan attorney assembled a team of attorneys specializing in traffic accident and civil cases and supported the client's claim for damages.
Busan Attorney's Assistance 1. Argument as to Liability for Damages
The Busan attorney argued that the scope of liability for damages included positive damages, passive damages, and solatium.
Positive damages are hospital treatment costs arising from hospitalization, surgery, and the like, while passive damages refer to income, such as wages, that could have been earned had the accident not occurred.
Daeryun's Busan attorney argued liability for damages on the following grounds: ▲ treatment is still ongoing for injuries such as rib fractures and a concussion; ▲ the client has been diagnosed with permanent disability and currently finds it difficult to participate in operating the shop; and ▲ the client is experiencing disruption to daily life due to psychological shock.
Busan Attorney's Assistance 2. Argument as to the Client's Family's Nursing Care Costs
Daeryun's Busan attorney also argued for liability for damages with respect to the nursing care costs of the client's family members.
Nursing care refers to the act of assisting a victim where, during the treatment period or even after treatment has concluded, the victim must receive the assistance of others for a certain period or for the remainder of life due to permanent disability.
At the time of the accident, the client received inpatient treatment for 68 days and received 24-hour nursing care from her husband and child.
Even after discharge, due to the client's outpatient treatment and difficulty adjusting to daily life caused by psychological shock, the client's daughter quit her job and is providing 24-hour nursing care to the client.
3. Result of the Busan Attorney's Assistance: Successful Claim for 50 Million Won in Damages
Accepting the Busan attorney's arguments as to treatment costs, nursing care costs, and solatium, the court issued a decision ordering payment of 50 million won in damages for the aftereffects of the accident five years earlier.
The client and the client's family, who had struggled for a long time since the accident, were able to receive at least some compensation.
For Traffic Accident Damages, Consult a Daeryun Busan Attorney
Victims of traffic accidents are often in a state of confusion at the time of the accident, so they frequently enter into unfavorable settlements.
A hasty settlement may make it difficult to obtain treatment costs and compensation later.
In addition, in traffic accident damages cases, it is not easy to obtain appropriate compensation due to differences of opinion in calculating the amount of damages, so it is advisable to receive the assistance of an attorney with extensive experience in traffic accident litigation.
Through attorneys specializing in various fields such as traffic accidents, damages, and insurance, Daeryun Law Firm works diligently to pursue a favorable result for its clients.
If, like the client in the above case, you need to file a claim for traffic accident damages, please reach out to a Daeryun Law Firm Busan attorney.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
