Legal Q&A
Q
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I recently had an accident and suffered significant harm, but the other party is only apologizing and not providing compensation. In addition to hospital and treatment costs from the accident, my emotional harm is also serious. I would like to know whether I can pursue a lawsuit claiming damages. In what cases can a lawsuit claiming damages be pursued? Also, could you tell me how to proceed?
lawsuit claiming damages
damages lawsuit
damages
Answer
Published:
Author : Kuk Il KIM
I understand that you are inquiring about the requirements for filing a lawsuit claiming damages.
A lawsuit claiming damages is legally a lawsuit pursued so that a person who has suffered harm arising from a tort or breach of contract may claim compensation from the wrongdoer or the contracting counterparty.
Therefore, the cases in which a lawsuit claiming damages can be pursued can be broadly divided into two.
(1) Damage caused by a tort
Where you have suffered harm due to another's negligence, as in a traffic accident or a bodily injury case, you can obtain compensation for treatment costs, hospitalization costs, and aftereffects through a lawsuit claiming damages.
In addition, emotional harm caused by mental suffering or disability can also be a subject of a claim for damages.
(2) Damage caused by a breach of contract
You can file a lawsuit for damage arising from a failure to perform obligations under a contract or from a breach of the terms of the contract.
To pursue a lawsuit claiming damages, you need evidence that can prove the fact that you suffered harm and the extent of that harm.
Treatment cost receipts, medical certificates, and photographs of the accident scene can be used as key evidence.
In addition, you must prove the fact that the other party was at fault or failed to perform its obligations.
Furthermore, you must accurately calculate the amount of damage that occurred, and in this process you must specifically prove the amount of damage, including medical costs, treatment costs, and mental suffering.
Because a lawsuit claiming damages involves complex legal procedures and many aspects to attend to in submitting evidence, it is advisable to consult with a civil litigation attorney before pursuing the lawsuit.
This is because an attorney can help with calculating the amount of damage and with methods of collecting and submitting evidence, and can establish a strategy so that the lawsuit proceeds smoothly.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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