Question from a reader:
I raised my hand and crossed at the crosswalk in front of the station, but I ended up in contact with a car that didn’t stop. I have developed a herniated disc and have been receiving outpatient treatment for a year now. In such cases, how much compensation can I expect?
How Much Compensation for an Accident at
a Crosswalk?
Hello. Today, I would like to talk about accidents at crosswalks, specifically regarding compensation. Many of you may have had similar experiences, and there may be questions about specific amounts. Through my experiences in the entertainment industry, I have gradually acquired some knowledge about laws and compensation. So, let’s get right into the main topic.
Reflecting on the Accident Situation
First, let’s consider the situation described by the questioner. Despite raising your hand and crossing at the crosswalk, you came into contact with a car that did not stop. This is a very unfortunate accident, and especially since you sustained injuries that led to a herniated disc, you must be going through a tough time. In traffic accidents, the degree of negligence is very important. This means determining how much responsibility lies with the other party and how much lies with yourself. In this case, since you were actually raising your hand and crossing the crosswalk, I believe you have the rights of a pedestrian. However, since the car did not stop and made contact, the other party’s negligence is likely significant as well.
Types of Compensation and Calculation Methods
Now, regarding compensation, it can be broadly divided into three elements: “medical expenses,” “lost income,” and “compensation for pain and suffering.” Let’s take a closer look at each of these.
Medical Expenses
First, we have medical expenses. Treatment for a herniated disc requires specialized medical care, and since you are still undergoing treatment, those costs will be subject to compensation claims. Generally, the insurance company of the other party involved in the accident will be responsible for payment, so it is important to keep all receipts and medical certificates related to your treatment. For example, if you have been receiving treatment for a year and the total medical expenses amount to 1 million yen, you can claim that amount from the other party.
Lost Income
Next is lost income, which refers to the income lost during the period you were unable to work due to the accident. For instance, if you are an employee and took a month off after the accident, and you did not receive your salary during that time, you can calculate that amount and claim it as compensation. Specifically, if your monthly salary is 300,000 yen, then 300,000 yen would be added as lost income for that month. However, for self-employed individuals or freelancers, the calculation can be a bit more complex, so proof of income will be necessary.
Compensation for Pain and Suffering
Finally, we have compensation for pain and suffering. This is compensation for mental anguish. Since you are going through a difficult time due to the treatment for your herniated disc, that should also be taken into account. The amount for compensation for pain and suffering varies depending on the circumstances of the accident and the severity of the injuries, but it typically ranges from several hundred thousand yen to several million yen. For example, in the case of a herniated disc, if it is mild, it may be around 500,000 yen; if moderate, around 1 million yen; and if severe, it could exceed 2 million yen. It is important to look closely at your specific situation.
Degree of Negligence and Final Amount
Now, let’s assume we have calculated the amounts for each item. However, the actual compensation amount will also change based on the degree of negligence. For example, if the other party’s failure to stop was a major cause, their negligence would be significant. However, if you are also found to have some degree of negligence, the compensation amount may be reduced. Let’s take a specific example of negligence. Suppose your negligence is assessed at 20%, and the other party’s negligence is assessed at 80%. If the medical expenses are 1 million yen, lost income is 300,000 yen, and compensation for pain and suffering is 1 million yen, the total would be 2.3 million yen. Since your negligence is 20%, 20% of 2.3 million yen, which is 460,000 yen, would be deducted. The final compensation you would receive would be 1.84 million yen.
Practical Advice
Now that we have gone through the calculations, it is important to note that making a compensation claim involves many procedures and negotiations. First, during your treatment, it is crucial to communicate effectively with your doctor and accurately convey your symptoms. Additionally, keeping a record of your treatment progress is important. I also recommend consulting a legal expert, specifically a lawyer. They have extensive knowledge regarding compensation claims and negotiations and can provide you with the best advice tailored to your situation. Finally, traffic accidents can happen to anyone. For those who have gone through a tough time like you, I hope you recover as quickly as possible and can lead a safe and secure life. Regarding receiving compensation, make sure to follow the proper procedures and assert your rights firmly. That concludes my perspective on compensation related to accidents. If you have any questions, please feel free to leave a comment. Let’s think about it together.
