CONTENTS
- 1. The Client Who Sought the Criminal Specialist Attorney
- - Background of the Case
- 2. The Criminal Specialist Attorney's Identification of the Issues in the Case
- - Response Strategy
- 3. Scope of the Criminal Specialist Attorney's Assistance
- - The Specialist Attorney's Argument 1 | The Death of the Victim
- - The Specialist Attorney's Argument 2 | Proving Negligence
- - The Specialist Attorney's Argument 3 | Conducting the Settlement
- 4. Result of the Criminal Specialist Attorney's Assistance, 'Successful Settlement'
- - If You Need Help from a Specialist Attorney in Your Field?
1. The Client Who Sought the Criminal Specialist Attorney
The client, who came to a criminal law specialist attorney, sought to proceed with a settlement with the perpetrator's insurance company after their father's death and to obtain the desired amount of compensation, and with the systematic assistance of the criminal law specialist attorney, was able to reach an amicable settlement.
Background of the Case
The client's father was riding an electric bicycle without wearing a helmet and was crossing a crosswalk in accordance with the signal.
The other vehicle, which was attempting to turn right, then set off without observing the signal, and a traffic accident occurred.
In this accident, the client's father suffered serious injuries, including a skull fracture and a cerebral hemorrhage, and was urgently transported to a trauma center, but ultimately passed away.
The client, a family member of the deceased, in this distressing situation entrusted the handling of the settlement to a criminal law specialist attorney in order to reach a criminal settlement with the perpetrator's side without regret.
2. The Criminal Specialist Attorney's Identification of the Issues in the Case
The criminal-specialist attorney closely identified the issues in this case while consulting with the client.
The at-fault vehicle, while attempting a right turn while the pedestrian signal was “green,” collided with the client's father, who was crossing the crosswalk.
Accordingly, whether the at-fault party was negligent emerged as the key issue in the case, and in particular the violation of the duty to protect pedestrians and where responsibility lay according to the circumstances of the accident were the focus of intensive review.
Response Strategy
The criminal law specialist attorney closely reviewed the CCTV footage, medical certificate, and similar materials from the time of the accident, and established a response strategy to emphasize the perpetrator’s grave negligence and to draw out favorable settlement terms.
▷ Gathering objective evidence such as CCTV, medical certificates, and accident confirmation reports
▷ Presenting reasonable settlement terms to induce substantive compensation
3. Scope of the Criminal Specialist Attorney's Assistance
The criminal law specialist attorney actively responded in the settlement process with the perpetrator’s insurer based on the following assertions.
The Specialist Attorney's Argument 1 | The Death of the Victim
The deceased's medical certificate recorded that a craniotomy had been performed, a tracheostomy had been performed, and that there was difficulty in communication, and it stated an opinion that about 15 weeks of treatment from the date of the accident would be required.
However, the assessment was that the 15 weeks of treatment did not signify a mere treatment period, but that, due to multiple brain injuries, the condition was critical and amounted to a serious bodily injury with the possibility that, even after treatment, the patient's life would remain in danger or a disability would remain.
In fact, the client's father, while undergoing treatment, ultimately passed away a few months later.
On the basis of these circumstances, the criminal law specialist attorney led the negotiations, demanding a responsible attitude and reasonable compensation from the perpetrator's side so that actual recovery of the harm could be achieved for the bereaved family.
The Specialist Attorney's Argument 2 | Proving Negligence
According to the traffic accident verification statement, the cause of this accident was recorded as a "violation of the duty of safe driving."
This can be said to be material that officially confirms that the perpetrator neglected the duty to protect pedestrians under the Road Traffic Act and that the driver was significantly negligent.
The criminal law attorney, on the basis of this content, emphasized that the perpetrator's responsibility was clear and conducted coordination during the criminal settlement process so that the client's situation as a victim could be duly reflected.
The Specialist Attorney's Argument 3 | Conducting the Settlement
The client had even considered filing a civil and criminal action, but the criminal law attorney, noting that the practical benefit of litigation would not be great, found the settlement point most beneficial to the client.
After closely analyzing the terms of the at-fault driver's driver injury insurance, the attorney coordinated the receipt of legally owed damages through a settlement with the at-fault driver's insurer.
The insurer promised to pay insurance proceeds of approximately 300 million won, including consolation money, lost earnings, future nursing care costs, and future medical costs, and the settlement was concluded.
4. Result of the Criminal Specialist Attorney's Assistance, 'Successful Settlement'
With the assistance of the criminal law attorney, the client was able to receive damages from the offender's side and conclude an amicable settlement.
In serious cases such as a fatal traffic accident, the legal issues in a settlement are very complex, and it is important to protect the victim's rights and to clarify where the offender's responsibility lies.
Therefore, the assistance of a specialized attorney is necessary for accurate confirmation of the facts, review of the legal principles, and a prompt and systematic response.
If You Need Help from a Specialist Attorney in Your Field?
Daeryun Law Firm has many affiliated criminal law attorneys with extensive experience in criminal cases.
Through direct consultation with the client, they carefully grasp the case as a whole and establish a tailored response strategy.
In addition, in cooperation with the firm's own evidence investigation center, they carry out CCTV analysis and on-site investigation, as well as review of medical records together with medical law attorneys, and through a thorough process of evidence collection and verification, they systematically prepare a response plan for the case.
If you are facing difficulties in a settlement related to a fatal accident or in criminal and civil procedures, please feel free to receive professional consultation and assistance at any time through Daeryun Law Firm's legal consultation booking.
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.
