What Is Residual Disability Grade Certification in Traffic Accidents?
Traffic Accidents
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- What Is Residual Disability Grade Certification in Traffic Accidents?
- I want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
- Symptoms persist even after the traffic accident
- I want to know what residual disability grade certification is
- The insurance company recommended filing a residual disability claim, but I don't know what to do
- I want to obtain an appropriate residual disability grade
Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.
What Is Residual Disability Grade Certification?
When a person is injured in a traffic accident, in most cases, symptoms improve with treatment.
However, in some cases, symptoms do not fully improve despite continued treatment, resulting in lasting effects such as:
- Persistent pain in the neck or lower back
- Numbness in the hands or feet
- Restricted joint movement
- Higher brain dysfunction
These residual symptoms may constitute what is known as aftereffects.
Among such aftereffects, if a condition is recognized as a "residual disability" under the Automobile Liability Security Act, a residual disability grade will be certified by the compulsory automobile liability insurance (CALI).
Residual disability grades range from Grade 1 to Grade 14, with lower numbers indicating more severe disabilities.
In traffic accident damage claims, the amount of compensation varies significantly depending on whether a residual disability grade is certified and, if so, which grade is assigned.
For this reason, it is considered one of the most critical issues in traffic accident cases.
Why Residual Disability Grade Certification Is Important
Once a residual disability grade is certified, the victim becomes entitled to claim:
- ① Residual disability consolation money (solatium)
- ② Residual disability lost earnings (lost profits)
For example, even if Grade 14, Class 9 is certified for whiplash:
- Residual disability consolation money (attorney standard): 1.1 million yen
- Residual disability lost earnings (5% loss of earning capacity)
may be recognized.
Furthermore, if Grade 12, Class 13 is certified:
- Residual disability consolation money (attorney standard): 2.9 million yen
- Residual disability lost earnings (14% loss of earning capacity)
It is not uncommon for the difference in compensation to exceed several million yen.
Conversely, if no residual disability grade is certified, these damages generally cannot be claimed.
Process for Residual Disability Grade Certification
Continue treatment
First, continue the necessary treatment as directed by your physician.
In residual disability certification, the following are important factors in the assessment:
- What type of injury was sustained
- What type of treatment was received
- How symptoms progressed over time
For this reason, it is not advisable to discontinue hospital visits on your own judgment.
Stabilization of symptoms (Shoujou Kotei)
The condition in which further improvement of symptoms is no longer expected despite continued treatment is called "stabilization of symptoms" (Shoujou Kotei).
Once symptoms are stabilized, treatment costs and hospital visit consolation money will, in principle, no longer accrue.
At this point, a residual disability claim is filed for the symptoms that remain.
Preparation of the residual disability medical certificate
For a residual disability claim, your attending physician will prepare a residual disability medical certificate.
The residual disability medical certificate is an extremely important document that can determine whether certification is granted.
If the details of symptoms and examination results are not adequately documented, there is a risk of not receiving an appropriate grade certification.
Therefore, it is essential to review the contents of the medical certificate carefully.
Filing the residual disability grade certification application
There are two methods for filing a residual disability claim:
- Prior approval (Jizen Nintei): The at-fault party's insurance company collects documents and files the application
- Victim's direct claim (Higaisha Seikyuu): The victim personally collects the necessary documents and files the application
Either method involves filing the application with the compulsory automobile liability insurance (CALI).
Grades 14 and 12: Frequently Disputed in Residual Disability Certification
In traffic accident practice, Grade 14, Class 9 and Grade 12, Class 13 related to whiplash are frequently at issue.
①Grade 14, Class 9
"Residual local neurological symptoms"
This covers pain in the neck or lower back, numbness, and similar conditions.
Consistency of symptoms and hospital visit history are emphasized.
②Grade 12, Class 13
"Residual persistent local neurological symptoms"
This grade may be certified when the existence of neurological symptoms is supported by objective findings such as MRI images.
Although the certification criteria are stricter than Grade 14, the compensation amount increases significantly if certified.
Key Points for Residual Disability Grade Certification
①Continue regular hospital visits
If the treatment period is short or there are long gaps in hospital visits, the very existence of symptoms may be questioned.
It is important to receive treatment at an appropriate frequency.
②Undergo necessary examinations
If neurological symptoms are present, the following examination results become important:
- MRI
- CT
- Neurological examinations
Even if a patient reports symptoms, certification may be difficult if objective evidence is insufficient.
③Review the residual disability medical certificate
The contents of the residual disability medical certificate significantly affect the certification outcome.
There are cases where a claim is denied (non-applicable) because the medical certificate was inadequately prepared, even though symptoms actually remain.
When a Residual Disability Grade Is Not Certified
As a result of the application, the outcome may be "non-applicable" (Hi-Gaitou).
However, receiving a non-applicable result does not necessarily mean you must give up.
By analyzing the reasons for the decision and taking steps such as:
- Submitting additional documents
- Obtaining a physician's written opinion
- Reassessing medical imaging
it is possible to file an objection (Igi Moushitate).
In fact, there are cases where the result was changed from non-applicable to Grade 14, or from Grade 14 to Grade 12.
Benefits of Consulting an Attorney
In residual disability grade certification, the outcome may differ depending on:
- Which documents are submitted
- Which examination results are emphasized
- What arguments are made
Additionally, if an appropriate grade is certified, the compensation amount in subsequent settlement negotiations will also change significantly.
For this reason, it is recommended to consult an attorney before symptoms are stabilized.
Summary
Residual disability grade certification in traffic accidents is a critical procedure that determines whether consolation money for residual disability and lost earnings will be awarded.
To obtain an appropriate residual disability grade, the following are important:
- Regular and continuous hospital visits
- Appropriate examinations
- A thorough residual disability medical certificate
Furthermore, because the compensation amount varies greatly depending on the certification outcome, it is recommended to consult an expert early if symptoms remain.
Frequently Asked Questions
Who conducts the residual disability grade certification?
The investigation office of the compulsory automobile liability insurance (CALI) conducts the review and certifies the residual disability grade.
Can I receive residual disability certification for whiplash?
Depending on the symptoms and examination results, Grade 14, Class 9 or Grade 12, Class 13 may be certified.
Is the residual disability medical certificate important?
It is extremely important. Because it significantly affects whether certification is granted, the contents must be thoroughly reviewed.
Is it over if I receive a non-applicable result?
You may file an objection. The certification result may be changed based on additional documents.
How much does consolation money increase if a residual disability grade is certified?
It depends on the certified grade, but the difference can range from hundreds of thousands of yen to tens of millions of yen or more.
When is the best time to consult an attorney?
It is recommended to consult before symptoms are stabilized. This allows for proper document collection and preparation of the residual disability claim.
The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge
Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.
We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.
Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.
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If you are facing issues with traffic accidents, debt restructuring, or inheritance:You can consult a lawyer for free
At Yaizu General Law Office, free legal consultations are available for those facing traffic accidents, debt restructuring, or inheritance issues. There is no obligation to retain our services after a free consultation. For other areas of law, consultations are available at 5,500 yen (tax included) per 30 minutes. Please do not hesitate to contact us if you need assistance.
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