Damages Lawsuit | Representing the Bereaved Family of a Traffic Accident Victim and Obtaining Damages

2024.12.30김국일

This is the account of a client who asked for help in filing a damages lawsuit. The client was a bereaved family member of a person who died in a traffic accident, and the attorney obtained damages from the insurance company.

1. Damages Lawsuit | The Client's Situation

This is the account of a client who requested assistance in order to file a damages lawsuit.

The client explained that her mother had died in a traffic accident, and she visited together with her sisters.

The client explained that her mother had supported herself by collecting wastepaper, and that on the day of the incident the vehicle of the at-fault party in the traffic accident struck the handcart her mother was pulling.

As a result, her mother underwent surgery, including a craniotomy, but ultimately never regained consciousness and passed away.

The client asked for help in filing a damages lawsuit claiming consolation money against the insurance company on the side of the at-fault party in the traffic accident.

2. Damages Lawsuit | The Defendant's Liability for Damages

The client sought to file a 🔗damages lawsuit against the insurance company on the side of the at-fault party in the traffic accident, naming it as the defendant.

Article 724 of the Commercial Act (Relationship Between the Insurer and Third Parties)

(2) A third party may claim compensation directly from the insurer, within the limit of the insured amount, for any loss sustained as a result of an accident for which the insured is liable. However, the insurer may assert against the third party any defense that the insured has with respect to that accident.

Under the Commercial Act, for the loss sustained by the client's mother as a result of an accident for which the at-fault party in the traffic accident is liable, compensation may be claimed directly from the insurer.

Accordingly, the defendant in the client's case is liable to compensate the client and her sisters for the loss.

🔗Curious about traffic accident insurance litigation?

3. Damages Lawsuit | The Attorney's Assistance

For the client, the attorney provided the following assistance in filing the damages lawsuit.

Damages Lawsuit | Claim for Funeral Expenses

In filing the damages lawsuit, the attorney claimed the funeral expenses paid by the client and her sisters.

In accordance with the funeral expense recognition standards of the Seoul Central District Court, the attorney requested payment of 5 million won in funeral expenses.

Damages Lawsuit | Claim for Consolation Money

In filing the damages lawsuit, the attorney claimed consolation money for the mental suffering of the client, her sisters, and the mother.

The attorney argued that the client's mother had been in a condition that allowed her to carry on social activities in good health at the time of the accident, and that the mental suffering she must have endured from this accident would have been severe.

The attorney also emphasized that the client and her children had been enduring severe mental suffering, worrying day after day during their mother's struggle with her condition.

Damages Lawsuit | Inheritance Relationship

In filing the damages lawsuit, the attorney argued that a total of 85 million won should be paid for the funeral expenses and the consolation money for the client's mother.

The attorney emphasized that, because the client and her sisters were the sole heirs of their mother, they would inherit the claim for damages.

Accordingly, the attorney argued that the defendant was obligated to pay each of the client and her sisters 26.25 million won, an amount equal to one-fourth of the 85 million won inherited share plus 5 million won in consolation money.

4. Damages Lawsuit | Result

After hearing the attorney who filed the damages lawsuit, the court issued the following judgment.

The defendant shall pay the plaintiffs 22,500,000 won each, together with an amount calculated at the rate of 12% per annum from this date until the date of full payment.

With the attorney's assistance, the client and her sisters were able to receive 22.5 million won each from the defendant.

The defendant had argued in rebuttal that the client's mother bore significant fault in the occurrence of this accident.

This result was possible because the attorney mounted a further rebuttal with a prepared strategy and provided assistance in the damages lawsuit.

Because this case involved a damages lawsuit against an insurance company, it appeared likely to be a difficult fight.

This result, which the client wanted, was reached because the attorney presented a solution based on years of experience.

If you need assistance with a damages lawsuit arising from a traffic accident, as in the client's case, we recommend requesting an 🔗attorney referral and a consultation at any time.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.