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traffic accident

Compensation Standards For Traffic Accident Victims

In Japan we compute the damages caused by traffic accident as follows.

1. Direct damages:expenses incurred by the victims
a. Medical-related expenses
b. Funeral expensesCourt will approve 1,200,000yen as funeral expenses as a rule.c. Lawyer's feeCourt will approve in an amount equal to 10% of the damages awarded as attorney's fee.d. Delayed interestDelayed interest at 5% per annum accrues form the date of the accident.2. Indirect damages:lost incomeLoss due to work absense

The court will determine the actual lost income based on pre-accident income
and will consider it as the damages resulted by the consequent inability to work due to the injury.
In the case of housewife victims the court will determine the actual lost income based on the statistic average wage of female workers for the period during which injured housewives cannot carry out their household duties.
In the case of unemployed worker victims Court will determine the actual lost income based on the average wage of workers if they have the ability and desire to work. But the court will consider the damages at less than average wage.
In the case of student or child victims the court will approve no lost income.
But if students have side job income the court will approve lost income according to the rule above-mentioned.
3. Future income lost as a result of injury aftereffects.For calculating lost future income, the court will consider relative decline in work ability, change of income, potentiality of future promotion, that of occupation change, that of unemployment and relative inconvenience in daily life.
For calculating lost future income, court will consider the level of decline in work ability, according to The Chart Of The Work Ability Loss Ratio in Chief's Circular of The Labor Standards Bureau in the Labor Ministry.4. Lost income due to death:In the case of the fatally injured victimsThe court will determine the actual lost income based on pre-accident income.
In the case of housewife victims, unemployed worker victims, student or child victims the court will determine the actual lost income based on the statistic average wage of workers.
The rate of deduction for living expenses. For calculating lost future income, the court will deduct the living expenses because such expenses are not incurred due to the victim's death.
a. Principal income earner
* If he/she has one dependent ... 40%
* If he/she has more than one dependent ... 30%
b. Female:including, spouse, single and baby ... 40%
c. Male:including single and baby ... 50%
In principle the court will consider that victims had worked from the age of 18 through the age of 67.
The court will consider that interest must be deducted at the rate of 5% per annum using Leibnitz coefficient.
You can calculate by the Damages Calculator.5. Consolation moneya. Fatal damages
If victim is
Principal income earner .... 26,000,000 yen
Parent, marriage partner .... 22,000,000 yen
Others .... 20,000,000 yen
b. Physical injury

The court will determine consolatin money for physical injury using Statistic Table. It's something like damages for pain and suffering. You can calculate consolatin money by the calculator of consolatin money for physical injury.

c. Aftereffect

The court will determine consolatin money for aftereffect using Statistic Table. Also it's something like damages for pain and suffering.

If you are the victim of traffic accident and want to know your legal rights, please contact the lawyer, The Japan Center for Settlement of Trafic Accident Disputes(TEL 03-3346-1756) or Nichibenren Traffic Consultation Centet(TEL 03-3581-4724).