Tort cases are the most commonly encounter in daily life. Especially, in the “Car Accident” cases, which arises from the actions of the offender who acts intentionally or negligently, unlawfully causing harm to others. This harm can affect life, body, health, liberty, property, or any other rights. The offender must be held liable for compensation.
The determination of compensation is specified in the civil and commercial code section 438 stated that “The Court shall determine the manner and the extent of the compensation according to the circumstances and the gravity of the wrongful act.” This means that, in addition to considering the damage suffered by the injured party, the court must also take into account the circumstances and severity of the tort. When the injured person received physical damage, the Civil and Commercial Code categorizes the types of damages that can be claimed under Section 444 and Section 446. These are common damages in tort cases include medical expenses and other necessary expenses (Section 444, paragraph 1), loss a total or partial disability to work, for the present as well as for the future. (Section 444, paragraph 1), and Non-Pecuniary Loss (Section 446).
Expenses spend for medical treatment due to injuries directly resulting from the wrongful act including medical fees, travel expense for medical treatment and cost for hiring caretaker (in the case that the injured person cannot care for themselves) can be claimed for compensation by the injured party.
It needs to be considered whether the tort damage to body effect the injured person’s ability to work. For instance, if the injury requires the amputation of a hand or leg to save the injured person’s life, necessitating the use of a prosthetic limb, the injured person would no longer be able to care for themselves or work as they did before. Therefore, they are entitled to claim compensation for this type of damage.
This type of damage occurred from mental suffering arising from the wrongful act of the offender, distinct from other types of damages. Therefore, the claim of this compensation must consider the impact on mental of injured person. For example, if the injured party suffers severe injuries such as losing a limb due to a car accident, resulting in permanent disability, or if they sustain facial scars causing emotional distress and suffering, the court will assess this type of damage under Article 438, focusing on the severity and impact of the injury.