Damages Litigation Lawyer | What victims need to know before filing a claim

Damages Litigation | When Can You Claim Damages?

Korean law recognizes several routes for a victim to seek compensation, depending on the relationship between the parties and how the harm occurred. Identifying the correct legal ground early affects what you need to prove and how long you have to file.

Damages Litigation | What You Actually Have to Prove

Many victims assume that suffering harm is enough to win compensation. In practice, Korean courts require the claimant to establish each element of the claim, and disputes usually center on one or two of them rather than all.

The wrongful act and fault

You must show the other party acted intentionally or negligently (민법 제750조). For professionals such as doctors or drivers, negligence is measured against the standard of care expected in that role, which is often where expert opinion becomes decisive.

Actual loss, not just a bad outcome

A bad result alone - a failed surgery, a lost deal - does not automatically mean compensable loss occurred. The court looks for a concrete, quantifiable loss such as medical costs, lost income, or property damage that flows from the wrongful act.

Causation between the act and the loss

Even where fault and loss both exist, you must connect them. This is often the most contested issue in medical malpractice and workplace injury cases, where pre-existing conditions or other contributing factors can weaken the causal link.

Damages Litigation | What Categories of Loss Can Be Claimed

Damages are not a single lump figure - they are built up from distinct categories, each requiring its own evidence. Understanding these categories helps victims avoid underestimating (or losing) parts of their claim.

Actual property loss (적극적 손해)

This covers direct out-of-pocket costs: medical bills, repair costs, funeral expenses in death cases, and other expenses actually incurred because of the incident. Receipts and invoices are the primary evidence.

Lost profit (소극적 손해)

This is the income or profit you would have earned had the wrongful act not occurred - typically lost wages during recovery, or reduced future earning capacity from a permanent disability. Calculating this often relies on income records and, in serious injury cases, a labor capacity loss rate from a medical appraisal.

Non-pecuniary loss (위자료)

Courts may award compensation for mental suffering even without a fixed formula, considering the severity of the harm, the degree of the other party's fault, and the relationship between the parties (민법 제751조, 제752조). In death or serious permanent injury cases, family members may also claim their own mental suffering damages.

Damages Litigation | Building the Evidence That Wins or Loses the Case

Because the victim carries the burden of proof, the outcome of a damages case is often decided by how thoroughly the loss was documented from the start, not just by legal argument at trial.

Medical and expert records

For injury or malpractice claims, contemporaneous medical records, imaging, and - where liability is disputed - an independent medical appraisal are often central to establishing both the extent of injury and its cause.

Comparative negligence of the victim

Even a valid claim can be reduced if the victim also contributed to the harm - for example, a pedestrian who crossed against a signal. Courts apply a comparative fault percentage that directly reduces the final award, so how the incident is reconstructed matters as much as proving the other side's fault.

Preserving evidence early

CCTV footage, black box recordings, and witness accounts can disappear or become unreliable within weeks. Where the other party is uncooperative, provisional measures such as evidence preservation applications can help secure key materials before a full lawsuit is filed.

Damages Litigation | From Consultation to Resolution

Damages Litigation | How Fees Are Structured

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Damages Litigation | Self-Check Before You File

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr