Q.
Two weeks ago, my father was involved in a traffic accident due to the bus driver’s mistake and passed away. My mother and I are in a state of shock over his sudden and unjust death. My mother has a chronic illness, and I am still a student, so I have no idea what to do next. Is there no way for my family to receive compensation?
A.
If a death occurs due to the intentional or negligent actions of another individual or company, you can file a lawsuit based on wrongful death.
Examples of wrongful death cases include deaths caused by traffic accidents, deaths caused by assault, deaths caused by various safety accidents, deaths caused by medical accidents, and murder. In the case of your father, he died in a traffic accident caused by the bus driver's fault, so it can be considered a wrongful death.
Wrongful death is the most serious subject in personal injury law because the family left behind by a wrongful death suffers even greater shock and sorrow. The Family Law stipulates who among the deceased can file a lawsuit in the case of a wrongful death, that is, a death caused by intention or negligence. Basically, the immediate family members of the deceased, such as the spouse, children, grandchildren, or the person with the right to inherit if the deceased died without a will, can file a lawsuit.
First, I would like to express my condolences to you and your family who are suffering from the shock and sorrow of losing the deceased. The death of the deceased is a sorrow that cannot be compensated for in any way for the family. In addition, the financial difficulties of the family left behind due to the absence of the head of the household are another great pain that cannot be ignored in reality. I will explain about compensation for wrongful death and the legal procedures to help the family left behind receive appropriate compensation, even in the financial aspect.
Who can file a lawsuit to protest a wrongful death?
If we look at the priority order of the deceased's family members who can file a lawsuit to protest wrongful death based on the family law, the deceased's spouse, children, parents, siblings, and other relatives have the right to file a lawsuit in that order. In your case, your mother has the first priority to file a lawsuit as a spouse.
The statute of limitations for filing a lawsuit in the event of a wrongful death.
In the case of a home, the statute of limitations for filing a lawsuit for general injury/death cases is within 2 years from the date of the incident. (If the statute of limitations expires, you will never be able to file a lawsuit.)
If you wish to file a lawsuit against the government, you must first file a claim with the government within 180 days of the accident before you can file a lawsuit.
In the case of my father, it seems that the first priority is to determine whether the bus company that caused the accident that killed my father is a private or government company. If the accident occurred due to a government-operated bus such as Metro, the deadline for filing a lawsuit against the government is limited to 180 days after the accident. Therefore, if you need to file a lawsuit against the government, you should file a claim with the government as soon as possible and prepare for the lawsuit.
When filing a wrongful death claim, the amount of damages will typically include the following:
According to the law of wrongful death, the types of damages that can be claimed are broadly divided into economic losses and non-economic losses. Economic losses include the amount of financial support, funeral expenses, and government subsidies provided by the deceased prior to death. The calculation of these amounts is usually based on the testimony of economic experts. Non-economic losses include various damages that cannot be divided into amounts such as the amount of companionship, comfort, encouragement, emotional support, advice, or help with household chores shared with the deceased. There is no set standard for calculating these losses, and each case uses different standards.
Q.
Two weeks ago, my father was involved in a traffic accident due to the bus driver’s mistake and passed away. My mother and I are in a state of shock over his sudden and unjust death. My mother has a chronic illness, and I am still a student, so I have no idea what to do next. Is there no way for my family to receive compensation?
A.
If a death occurs due to the intentional or negligent actions of another individual or company, you can file a lawsuit based on wrongful death. Examples of wrongful death cases include deaths caused by traffic accidents, deaths caused by assault, deaths caused by various safety accidents, deaths caused by medical accidents, and murder. In the case of your father, he died in a traffic accident caused by the bus driver's fault, so it can be considered a wrongful death. Wrongful death is the most serious subject in personal injury law because the family left behind by a wrongful death suffers even greater shock and sorrow. The Family Law stipulates who among the deceased can file a lawsuit in the case of a wrongful death, that is, a death caused by intention or negligence. Basically, the immediate family members of the deceased, such as the spouse, children, grandchildren, or the person with the right to inherit if the deceased died without a will, can file a lawsuit. First, I would like to express my condolences to you and your family who are suffering from the shock and sorrow of losing the deceased. The death of the deceased is a sorrow that cannot be compensated for in any way for the family. In addition, the financial difficulties of the family left behind due to the absence of the head of the household are another great pain that cannot be ignored in reality. I will explain about compensation for wrongful death and the legal procedures to help the family left behind receive appropriate compensation, even in the financial aspect. Who can file a lawsuit to protest a wrongful death? If we look at the priority order of the deceased's family members who can file a lawsuit to protest wrongful death based on the family law, the deceased's spouse, children, parents, siblings, and other relatives have the right to file a lawsuit in that order. In your case, your mother has the first priority to file a lawsuit as a spouse. The statute of limitations for filing a lawsuit in the event of a wrongful death. In the case of a home, the statute of limitations for filing a lawsuit for general injury/death cases is within 2 years from the date of the incident. (If the statute of limitations expires, you will never be able to file a lawsuit.) If you wish to file a lawsuit against the government, you must first file a claim with the government within 180 days of the accident before you can file a lawsuit. In the case of my father, it seems that the first priority is to determine whether the bus company that caused the accident that killed my father is a private or government company. If the accident occurred due to a government-operated bus such as Metro, the deadline for filing a lawsuit against the government is limited to 180 days after the accident. Therefore, if you need to file a lawsuit against the government, you should file a claim with the government as soon as possible and prepare for the lawsuit. When filing a wrongful death claim, the amount of damages will typically include the following: According to the law of wrongful death, the types of damages that can be claimed are broadly divided into economic losses and non-economic losses. Economic losses include the amount of financial support, funeral expenses, and government subsidies provided by the deceased prior to death. The calculation of these amounts is usually based on the testimony of economic experts. Non-economic losses include various damages that cannot be divided into amounts such as the amount of companionship, comfort, encouragement, emotional support, advice, or help with household chores shared with the deceased. There is no set standard for calculating these losses, and each case uses different standards.