• I want to consult a lawyer in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
• I want to know what damages can be claimed when a family member dies in a traffic accident
• I want to know how much death solatium and lost earnings due to death will amount to
• I am unsure who should file the damage claim when there are multiple heirs
• I want to verify whether the compensation amount proposed by the insurance company for a fatal accident is appropriate

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.

Damages That Can Be Claimed When a Victim Dies in a Traffic Accident

When you lose a beloved family member in a traffic accident, the bereaved family is required to handle various matters amid deep grief, including dealing with the police, funeral arrangements, inheritance procedures, and communications with the insurance company.

Even when the at-fault party's insurance company contacts you regarding compensation,

• "I don't know what I can claim"
• "I can't tell whether the proposed amount is fair"

— many people feel this way.

In fatal traffic accidents, the following types of damages typically become relevant:

• Medical expenses incurred before death
• Funeral-related expenses
• Lost earnings due to death (death lost profits)
• Death solatium (consolation money for death)
• Solatium specific to close relatives
• Lost wages until death
• Other expenses with a reasonable causal connection to the accident

The applicable damage categories also differ depending on whether the victim died instantly or passed away after receiving treatment for a certain period.

Moreover, because the total damages in fatal accidents tend to be substantial, it is important to verify each damage item before accepting the insurance company's offer as-is.

Damages When the Victim Received Treatment Before Death

There are cases where, after a traffic accident, the victim is transported by ambulance, hospitalized and treated, and then passes away.

In such cases, not only damages resulting from death, but also damages caused by injuries sustained from the time of the accident until death become relevant.

Specifically, these include:

• Medical treatment expenses
• Hospitalization expenses
• Nursing care expenses
• Miscellaneous hospitalization expenses
• Transportation costs for hospital visits
• Lost wages
• Injury solatium (consolation money for injuries)

and so on.

For example, if the victim was hospitalized for one month after the accident and then passed away, the damages related to that one month of hospitalization and the damages resulting from the death itself are examined separately.

It is not the case that "since the victim ultimately died, only death solatium should be claimed."

It is necessary to organize all damages that occurred up to the time of death without any omissions.

Funeral Expenses

When a victim dies in a traffic accident, it may be possible to claim funeral-related expenses as part of the damages.

In judicial practice, it is common to recognize funeral expenses up to a certain fixed amount.

Specifically, expenses related to the following may become relevant:

• Wake
• Funeral ceremony
• Cremation
• Altar
• Buddhist altar
• Gravestone

and related costs.

However, not all actual funeral expenses are automatically recognized as damages.

They are recognized to the extent that they bear a reasonable causal connection to the traffic accident.

For example, if an extremely expensive funeral is held, the full amount may not necessarily be claimable from the at-fault party.

Under the judicial standard, approximately 1.5 million yen is generally used as a benchmark for funeral expenses, but if the actual expenditure is less than this, the determination is based on the actual amount spent.

On the other hand, under the Compulsory Automobile Liability Insurance (CALI), a fixed payment standard is established for funeral expenses as part of death-related damages.

Since the judicial standard and the CALI standard use different calculation methods, it is necessary to confirm which standard was used when reviewing the amount proposed by the insurance company.

What Are Lost Earnings Due to Death?

The damage category that accounts for a very large proportion of fatal accident claims is "lost earnings due to death" (death lost profits).

Lost earnings due to death refers to

"the income that the victim would have earned in the future had they not died in the traffic accident,"

evaluated as damages.

For example, if a 40-year-old company employee dies in a traffic accident, they would have otherwise continued working for a long period and earning salary income.

Because the opportunity to earn that income was lost due to the traffic accident, a portion of the future income is claimed as damages.

The basic calculation method is:

Base Income for Lost Earnings Due to Death

When calculating lost earnings due to death, the first step is to determine the "base income."

For company employees, the base income is generally based on the annual income in the year preceding the accident.

Tax withholding certificates, pay stubs, and income certificates are important documents.

For self-employed individuals, income is verified based on tax returns and similar documents.

However, for self-employed individuals, gross sales are not used as base income; rather, the income after deducting expenses is generally used as the basis for calculation.

Additionally, for the following categories of persons,

• Young persons
• Students
• Full-time homemakers (housewives/househusbands)
• Unemployed persons
• Elderly persons

lost earnings due to death are not necessarily denied outright.

For example, for students and young persons, lost earnings may be calculated using the Census of Wages (Wage Census) based on the assumption that they would have been employed in the future.

For full-time homemakers and househusbands, because household labor has economic value, lost earnings due to death may be recognized based on a certain assumed income.

Why Are Living Expenses Deducted?

In calculating lost earnings due to death, the full amount of future income is not recognized as damages.

Had the victim survived, a portion of that income would have been spent on the victim's own living expenses.

Therefore, "the living expenses that the victim would have incurred" are deducted from "the income that the victim would have earned."

This is called the "living expense deduction."

The living expense deduction rate varies depending on the victim's circumstances.

For example, the following factors are considered:

• Whether the victim was the breadwinner of the family
• How many dependents the victim had
• Whether the victim was single
• Whether the victim was male or female

and so on.

For a victim who was the breadwinner supporting the family's finances, the proportion spent on the victim's own living expenses may be assessed as relatively low.

Conversely, for a single person with no dependents, the proportion of living expenses used for themselves may be assessed as relatively high.

Even a 10% difference in the living expense deduction rate can significantly change the amount of lost earnings due to death.

In fatal accident cases, whether the living expense deduction rate is appropriate is also an important point to verify.

Employable Period and the Leibniz Coefficient

In calculating lost earnings due to death, the question of until what age the victim could have continued working also arises.

Generally, age 67 is often used as the assumed employable age, but this may vary depending on the victim's age, occupation, health condition, and other factors.

Additionally, income that would have been earned over many decades in the future is received all at once as compensation.

For this reason, a coefficient called the "Leibniz Coefficient" is used to adjust for the interest that would have been earned on future income.

Lost earnings due to death are not simply calculated as "annual income x remaining working years."

The amount varies significantly depending on the victim's age, income, living expense deduction rate, and employable period.

Death Solatium

When a victim dies in a traffic accident, death solatium becomes a relevant issue.

Death solatium is a monetary evaluation of the mental suffering of the victim whose life was taken, as well as the mental suffering of the bereaved family.

Under the judicial standard, commonly known as the "Red Book Standard," there are certain benchmarks based on the victim's position within the family.

For example:

• Breadwinner of the family: approximately 28 million yen
• Mother or spouse: approximately 25 million yen
• Others: approximately 20 million to 25 million yen

These are used as general benchmarks.

The amounts mentioned here are considered as benchmarks for the total amount, including both the victim's own solatium and the solatium specific to close relatives.

However, these are merely standards.

The amounts may increase or decrease depending on specific circumstances such as the nature of the accident, the victim's age, family composition, and the conduct of the at-fault party.

The Victim's Own Right to Claim Solatium Is Inherited

In a fatal traffic accident, the question arises: "Who claims the solatium of the deceased victim?"

The victim acquires a right to claim solatium for the violation of their life caused by the traffic accident.

This right to claim solatium is then inherited by the heirs after the victim's death.

For example, if the victim's heirs are a spouse and two children, in principle, the right to claim damages is succeeded according to the statutory shares of inheritance.

Regarding lost earnings due to death and medical expenses incurred before death, the right to claim damages belonging to the victim is also subject to inheritance.

Therefore, in fatal accident cases, it is first necessary to confirm who the heirs are.

The Bereaved Family Also Has Their Own Right to Claim Solatium

In fatal accident cases, in addition to the victim's own solatium, certain close relatives are also recognized as having their own right to claim solatium.

Under Article 711 of the Civil Code,

• Parents
• Spouse
• Children

are recognized as having an independent right to claim solatium when the victim's life has been violated.

This is a right separate from inheriting the victim's own right to claim solatium.

For example, if a husband dies in a traffic accident, the wife may hold:

• The right to claim damages inherited from the husband

in addition to

• Her own right to claim solatium for her own mental suffering.

The same applies to parents and children.

Furthermore, depending on the circumstances, there are court precedents where solatium was recognized for siblings and other relatives not explicitly listed in Article 711 of the Civil Code, when the relationship with the victim was extremely close.

However, this is not automatically recognized for all close relatives, and the relationship with the victim must be specifically examined.

Claims When There Are Multiple Heirs

In fatal accident cases, there are many instances where there are multiple heirs.

For example:

• Spouse and children
• Multiple children
• Spouse and parents

and so on.

The victim's lost earnings due to death and right to claim solatium are, in principle, succeeded by each heir according to their statutory share of inheritance.

On the other hand, solatium specific to bereaved family members is a right belonging to each individual bereaved family member.

Therefore, when organizing the damages in a fatal accident,

"Who inherits what proportion of the victim's damages" and "How much is each bereaved family member's own solatium"

must be considered separately.

If a single lawyer can represent all heirs, it becomes easier to consolidate negotiations with the insurance company.

However, if only some of the heirs retain a lawyer, it is necessary to organize the scope of claims that those heirs can make.

Fatal accident cases tend to be more complex than ordinary personal injury cases because they involve both traffic accident and inheritance issues.

When the Person Who Paid Funeral Expenses Differs from the Heir

Regarding funeral expenses, the question of "who actually paid" can become an issue.

For example, there may be a case where the eldest son paid all funeral expenses, but the heirs are the spouse and three children.

As to whose damages the funeral expenses are treated as, it is necessary to organize the circumstances of payment and the manner of claiming.

In fatal accident cases, rather than mechanically processing only the rights of the heirs,

• Who bore which expenses
• Who suffered which damages

must be confirmed.

We recommend that you keep all receipts and detailed statements for funeral expenses.

How Much Does CALI Pay for Fatal Accidents?

Under the Compulsory Automobile Liability Insurance (CALI), the payment limit for death-related damages is 30 million yen per victim.

Under CALI, death-related damages cover:

• Funeral expenses
• Lost earnings due to death
• The victim's own solatium
• Bereaved family solatium

and other items.

However, it is not uncommon for the total damages in a fatal accident to far exceed 30 million yen.

For example, in the case of a young company employee with dependents, lost earnings due to death alone may amount to tens of millions of yen.

When death solatium, funeral expenses, and other items are added, the total damage amount becomes extremely large.

As a result, there are many cases where CALI alone cannot provide sufficient compensation.

For the portion exceeding the CALI limit, claims must be made against the at-fault party personally or against the at-fault party's voluntary automobile insurance company.

The CALI Standard and the Judicial Standard Are Different

In compensating damages for fatal accidents,

• The CALI standard
• The voluntary insurance company's standard
• The judicial standard / lawyer's standard

may result in different amounts.

CALI is a system aimed at providing minimum compensation to traffic accident victims.

Therefore, the amount paid under CALI does not necessarily represent the final legally claimable compensation amount for that accident.

When a settlement proposal for a fatal accident is presented by the at-fault party's voluntary insurance company,

"How much will CALI pay" is not the right question;

"What is the total damage amount when calculated under the judicial standard" is what needs to be confirmed.

In fatal accident cases, the difference can amount to several million yen, or in some cases, exceed 10 million yen.

When the Victim Is Also at Fault

Even in fatal accidents, if the victim bears some fault, comparative negligence becomes an issue.

For example,

• Victim's side: 20%
• At-fault party's side: 80%

If so determined, the damage amount is, in principle, reduced by 20%.

In fatal accidents, because the damage amount itself is substantial, even a 10% difference in the fault ratio results in a significant difference in the compensation amount.

For example, if the total damage amount is 80 million yen,

a 10% difference in the fault ratio results in a difference of 8 million yen.

Therefore,

• Dashcam footage
• On-site investigation reports
• Photographs of the accident scene
• Security camera footage
• Witnesses
• Vehicle damage conditions

and other evidence must be carefully examined to determine the circumstances of the accident.

The fault ratio proposed by the insurance company should not necessarily be accepted as-is.

Criminal Procedure Records Are Also Important in Fatal Accidents

In fatal traffic accidents, criminal proceedings against the at-fault party may also be underway.

The police and prosecutors conduct:

• On-site investigations
• Interrogation of the at-fault party
• Interrogation of witnesses
• Inspection of the accident vehicle

and other procedures.

Those criminal records can serve as important evidence in civil damage claims as well.

In particular, when there is a dispute regarding the circumstances of the accident or the fault ratio, it is important to review the on-site investigation reports and other records.

In fatal accident cases, it is necessary to monitor and respond to both the criminal proceedings and the civil compensation proceedings simultaneously.

When the Insurance Company Seeks an Early Settlement

In fatal accident cases, the at-fault party's insurance company may contact the bereaved family regarding compensation relatively soon after the funeral.

However, there is no need to settle in haste.

In fatal accident cases,

• Base income for lost earnings due to death
• Living expense deduction rate
• Employable period
• Death solatium
• Solatium specific to close relatives
• Funeral expenses
• Fault ratio

and many other items need to be verified.

Furthermore, the heirs must also be identified.

Once a settlement is reached, it is generally not possible to subsequently request an increase in the amount.

"I thought the amount was appropriate because the insurance company explained it to me"

— it is difficult to redo a settlement on such grounds, so it is important to consult a specialist before signing.

Benefits of Retaining a Lawyer in Fatal Accident Cases

In fatal accident cases, the need to retain a lawyer is even greater than in ordinary traffic accident cases.

The reasons include:

• The damage amount tends to be substantial
• The calculation of lost earnings due to death is complex
• Inheritance relationships need to be organized
• Solatium specific to bereaved family members needs to be examined
• The monetary difference caused by the fault ratio is significant
• Criminal records may need to be reviewed
• The gap between the insurance company's proposed amount and the judicial standard tends to be large

and other factors.

Moreover, for the bereaved family, continuing to negotiate amounts with the insurance company immediately after losing a family member is itself a significant emotional burden.

By retaining a lawyer, you can entrust communications with the insurance company, damage calculations, evidence collection, and settlement negotiations to a professional.

If a lawyer's fee special clause (attorney cost coverage) is available, it may be possible to retain a lawyer with reduced out-of-pocket costs.

Summary

When a victim dies in a traffic accident, it may be possible to claim not only death solatium but also various other damages.

The main items include:

• Medical expenses up to the time of death
• Funeral expenses
• Lost earnings due to death
• The victim's own death solatium
• Solatium specific to bereaved family members

and others.

In particular, the amount of lost earnings due to death varies significantly depending on base income, the living expense deduction rate, and the employable period.

Additionally, while the victim's own right to claim damages is succeeded by the heirs, parents, spouses, and children may separately be recognized as having their own right to claim solatium.

In fatal accident cases, it is not uncommon for the compensation amount to far exceed the CALI death damage limit of 30 million yen.

When a settlement proposal is presented by the at-fault party's insurance company, it is important to verify whether the death solatium, lost earnings due to death, funeral expenses, and fault ratio have been properly calculated.

Handling damage calculations and negotiations with the insurance company on your own, while coping with the loss of a beloved family member, is an enormous burden for the bereaved family.

We recommend consulting a lawyer before signing any settlement agreement.

FAQ

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.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

See all articles on traffic accidents