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H. Kawarazaki Esq.
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.
In principle the court will consider that victims had worked from the age of 18 through the age of 67.
|a. Principal income earner
|* If he/she has one dependent
|* If he/she has more than one dependent
|b. Female:including, spouse, single and baby
|c. Male:including single and baby
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
b. Physical injury
|If victim is|
|Principal income earner
|Parent, marriage partner
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.
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).