Uijeongbu Traffic Accident Attorney | Successful Claim of Approximately 70 Million Won in Medical Expenses and Damages for Emotional Distress for a Traffic Accident Victim

The client's husband was in a major accident in which he collided with the defendant's vehicle, which was being driven as a cargo truck.

As a result of this, the defendant was sentenced to a suspended sentence of 2 years in the criminal trial.

Due to this accident, the husband was diagnosed with quadriplegia and other conditions and received inpatient treatment, but he is said to remain in an unconscious state to date.

Moreover, according to the hospital's certificate of after-effect disability, the husband received an opinion that, going forward, he cannot shower or bathe without the help of another person and that he requires medical devices for the intake of food and for excretion.

The client came to Daeryun in order to file a civil lawsuit for the damages arising from this accident.

During the consultation, the client repeatedly emphasized that a high amount of damages must be obtained, and Daeryun stated that it would do its utmost.

🔗Damages for a Traffic Accident allows for a claim of liability for damages under the Civil Act and the Guarantee of Automobile Accident Compensation Act.

▣ Civil Act, Article 750 (Definition of Tort)

A person who causes loss to another by an unlawful act, whether intentional or negligent, shall be liable to compensate for such loss.

▣ Guarantee of Automobile Accident Compensation Act, Article 3 (Liability for Automobile Accident Compensation)

A person who operates an automobile for his or her own benefit* shall, where such operation causes the death or injury of another person, be liable to compensate for the resulting loss.

* The phrase ‘a person who operates an automobile for his or her own benefit’ warrants explanation. For example, where a chauffeur is driving the company president's automobile and an accident occurs, the chauffeur does not bear liability for damages under the Guarantee of Automobile Accident Compensation Act; rather, the president bears the liability for damages. This is because the president receives the benefit of the operation.

If an accident occurs while operating a rented car, the rental car company is in a position to receive a benefit through the operation, and so it can be said that the rental car company bears liability for damages arising from the traffic accident.

The Uijeongbu traffic accident attorney first calculated the portion of the damages relating to lost earnings*.

Because the client's husband became quadriplegic as a result of the accident, the rate of loss of earning capacity was assessed at 100%.

In addition, based on the urban daily labor wage rate corresponding to the work the client was engaged in at the time of the accident, the lost earnings were calculated and argued to be approximately 40 million won.

*Lost earnings : future income lost due to the accident, that is, the income that could have been earned in the future had the accident not occurred. There was a Supreme Court decision holding that, taking into account factors such as the reduction in working hours and the increase in public holidays, the monthly number of working days for an urban daily worker is regarded as 20 days. (See Supreme Court Decision 2020Da271650, April 25, 2024, among others.)

The defendant had paid nothing toward the numerous expenditures, including the nursing care costs and the cost of assistive devices, arising from the unconscious state of the client's husband.

The Uijeongbu traffic accident attorney submitted, as evidence, each hospital receipt incurred for the treatment and hospitalization of the client's husband, and claimed the treatment costs by setting out in detail the nursing care costs, the costs of transport and treatment, and the costs of purchasing medical supplies.

The client's husband had ordinarily been a healthy and active person, but as a result of this accident he was left quadriplegic and is going through difficult days.

The attorney emphasized that, because such a terrible accident had befallen the head of the household and had left the husband quadriplegic, the defendant should pay in full the damages for emotional distress owed to the client and the children, who were greatly shocked.

The family members of a traffic accident victim may, as in the case of this client, claim payment of damages for emotional distress from the perpetrator by proving their mental suffering.

However, it is necessary to claim an appropriate amount by proving the degree of that suffering. For this, obtaining the assistance of an attorney experienced in this area is advisable.

Daeryun LLC actively assists victims who wish to bring a civil action for damages arising from a traffic accident.

If you need assistance with a traffic accident or damages dispute, please feel free to visit the 🔗Daeryun Uijeongbu Office at any time.