Navigating Legal Challenges: Essential Guidance for Families Affected by Traffic Accident Fatalities

We express our heartfelt condolences to those who have lost family members or relatives in a sudden traffic accident. The sorrow of losing family members, along with the burdens of inheritance and various notifications, is truly immense.

Even in such circumstances, discussions regarding compensation for the accident must move forward.

In this article, we will outline important considerations for those who have lost family members in an accident.

Timing to Start Negotiations

In cases where a victim dies in a traffic accident, it is common to start earnest negotiations for a settlement after the 49th-day memorial service has concluded.

This is because the cost of the 49th-day memorial service can be claimed from the perpetrator.

Many insurance companies tend to make settlement offers around this time.

However, it is crucial to carefully verify the contents of the insurance company’s offer.

For instance, from a lawyer’s perspective, there are cases where low proposals for “compensation for emotional distress” are made.

In such cases, involving a lawyer can help increase the compensation based on the “court and lawyer standards,” which are usually higher than what the insurance company offers.

Moreover, there are cases where inappropriate figures are used regarding “lost profits,” which are the income that the deceased would have earned had they not passed away, including the basis for calculating income amounts, time periods, and living expense deduction rates.

A lawyer’s review can provide reassurance that appropriate figures are being used.

Additionally, in accidents where contributory negligence is an issue, it is necessary to ensure that the appropriate percentage of negligence is being accurately assessed.

It is possible that the deceased’s negligence may be unfairly overrepresented.

In such situations, there may be a wait for the circumstances of the accident to be clarified during criminal proceedings.

Of course, involving a lawyer in negotiations can also be effective.

Negotiations often start after the 49th-day memorial service, but pay attention to the content.

Regarding the Advance Payment System

While it may be said to wait until the criminal trial concludes, some individuals may find themselves unable to wait financially due to the loss of the deceased’s income.

In such cases, you can utilize the “advance payment system” of the automobile liability insurance.

The “advance payment system” is money paid quickly from the automobile liability insurance to cover immediate expenses.

The amount received as an advance payment will be deducted from the future settlement amount, but the key point is the early receipt of funds.

In accidents where the victim has died, it is possible to claim up to 2.9 million yen.

You can utilize the “advance payment system” of automobile liability insurance for immediate expenses.

System Available in Criminal Trials

During the criminal trial, if surviving family members have specific questions for the perpetrator, they may consider using the “victim participation system.”

This allows the family members or their legal representatives to attend the criminal trial in court, question the defendant, and express their feelings.

While they cannot significantly influence the fact-finding related to the accident’s circumstances, this does help ensure that the court and the perpetrator fully recognize the feelings of the bereaved family.

Consider using the “victim participation system” during criminal trials.

Regarding Inheritance

In the event that the victim has passed away, inheritance occurs.

However, accidents occur suddenly, and very few people have planned for inheritance.

Therefore, it is necessary to investigate the inheritable property and heirs, and if there are multiple heirs, to conduct inheritance division procedures.

Cases may arise where property is scattered, or there are heirs who are out of contact, leading to potentially complex issues, so it is advisable to consult with a lawyer.

In cases involving multiple heirs where there is disagreement regarding the settlement among the heirs, legally, each heir can settle individually with the perpetrator. However, in practice, it is quite rare for insurance companies to agree to separate settlements. If the insurance company does not consent to the settlement, some heirs may have no choice but to proceed with litigation to obtain compensation, so it is advisable to consult with a lawyer regarding this matter before making a decision.

Decisions regarding inheritance matters should be made after consulting with a lawyer.

In conclusion, we discussed points for consideration for those who have lost family members or relatives due to traffic accidents. In cases where the victim has died, there are many aspects where legal assistance is necessary, so we recommend consulting with a lawyer.

Yusei Law Office offers a free initial consultation for traffic accident cases, so we hope you will take advantage of this service.