Damages Litigation Lawyer
Damages Litigation Lawyer | What victims need to know before filing a claim
A damages claim (손해배상청구) is a civil action seeking money from a person or entity whose intentional or negligent act caused you loss (민법 제750조). As the victim, you generally carry the burden of proving that the other party acted wrongfully, that you suffered a specific loss, and that the two are causally connected. The amount you can recover is not automatic - it depends on how well the loss is documented and how the court weighs each party's degree of fault (민법 제396조, 제763조).
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.
Under the general tort provision, anyone who intentionally or negligently infringes another's rights and causes damage must compensate for it (민법 제750조). This is the basis for most traffic accident, assault, and everyday negligence claims. You must show the wrongful act, the loss, and a causal link between them.
The Civil Act also imposes liability on employers for harm caused by employees in the course of work (민법 제756조) and on possessors of structures for defects in their management (민법 제758조). Where multiple people jointly caused the harm, each is liable for the full amount and the victim may claim against any of them (민법 제760조).
If the harm arose from a failure to perform an obligation - for example, a doctor's duty of care under a treatment contract, or a contractor's defective work - a claim can be based on non-performance of obligation (민법 제390조) instead of, or alongside, a tort claim. The statute of limitations and burden of proof can differ between the two routes.
Certain areas have their own compensation frameworks that supplement or modify the general Civil Act rules, such as the Act on the Compensation for Vehicle Accident Victims for traffic accidents, or product liability rules for defective goods. These can shift the burden of proof or set different standards for calculating loss.
Limitation Periods You Should Not Miss
A tort damages claim generally expires three years from when the victim knew (or should have known) of both the damage and the person liable, and in any case ten years from the date of the wrongful act (민법 제766조). Missing these periods can permanently bar an otherwise valid claim, so early consultation matters even if you are not ready to file immediately.
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
We review what happened, what documentation already exists (medical records, photos, contracts, correspondence), and identify the applicable legal basis and likely opposing arguments.
We work out a itemized calculation of actual costs, lost income, and non-pecuniary damages, then typically send a formal demand letter (내용증명) to the other party before litigation.
If negotiation fails, we file a civil lawsuit for damages, or in clearer cases a payment order procedure (지급명령), and where urgent, provisional attachment to secure the other party's assets in advance.
The court process typically involves document exchange, witness examination, and, in injury or malpractice cases, appointment of a medical or accident-reconstruction appraiser.
The case ends by settlement, mediation, or judgment. If the other party still does not pay after a favorable judgment, we can pursue compulsory enforcement against their assets.
Damages Litigation | How Fees Are Structured
Generally set based on the amount claimed and the complexity of proving fault and causation - malpractice and multi-party cases usually require more preparation than a straightforward traffic accident claim.
Usually calculated as a percentage of the amount actually recovered through settlement or judgment, so it is discussed and agreed upfront before filing.
Medical appraisals, accident reconstruction, or forensic accounting fees are billed separately from legal fees and vary by case, since they are paid to third-party experts, not the firm.
These are fixed by the amount of the claim under the relevant court rules and are paid to the court, not the firm; a portion can often be recovered from the losing party if you win.
※ 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
1️⃣ Traffic Accident Victims
- Did you receive a police report or accident confirmation document?
- Have you kept all medical records and diagnosis certificates from the start of treatment?
- Has the insurer's settlement offer been compared against a lawyer's calculation of lost income and non-pecuniary damages?
- Could you have contributed to the accident in a way that reduces your recovery?
2️⃣ Medical Malpractice Victims
- Have you obtained your full medical records and imaging from the hospital?
- Is there a clear gap between the treatment you received and what a reasonable standard of care would require?
- Have you considered requesting an independent medical appraisal before filing suit?
- Are you still within the three-year period from when you learned of the harm and the responsible party?
3️⃣ Workplace Injury Victims
- Have you filed or considered filing for industrial accident compensation insurance benefits separately?
- Does your employer's degree of fault (e.g., missing safety measures) go beyond what industrial accident insurance already covers?
- Have you documented lost income and any permanent disability rating?
4️⃣ Fraud or Contract-Related Loss
- Do you have written evidence of the misrepresentation or broken promise (messages, contracts, deposit records)?
- Have you calculated your actual monetary loss separately from any emotional distress?
- Is a related criminal complaint (사기) also being considered alongside the civil claim?
