Personal Injury

In Japan, the limitation period for tort damages claims is generally 3 years from when the victim knows of the damage and the perpetrator, or 20 years from when the tort occurred — whichever comes first.

State redress claims in Japan must be filed within 1 year from when the claimant knew of the damage and the liable public official, and no later than 5 years from when the harmful act occurred.

Yes, you may claim compensation from the Japanese state if harmed by a public official acting in their official capacity, under the State Redress Act.

In Japan, state redress for facility defects is governed by the State Redress Act, which requires proof that a public facility was defective, that the defect caused harm, and that the state failed to maintain it properly.

You may claim against the road manager — typically the national government, prefecture, or municipality — under the State Compensation Act if the defect resulted from their negligence in maintenance.

Consolation money (compensation for mental distress) in traffic accidents in Japan is calculated using standard 'red book' (Jibaiseki) guidelines, not by statute, and typically ranges from ¥3,000–¥15,000 per day of hospitalization or treatment.

In Japan, loss of earning capacity is calculated based on the victim’s pre-accident income, age, expected working years, and degree of disability—using statutory tables and formulas under the Automobile Damage Compensation Security Act and related guidelines.

Japan does not have a general statutory right to 'bereaved consolation money' for family members after an accidental death, but compensation may be claimed under the Civil Code for wrongful death and emotional distress.

In Japan, compensation for personal injury from traffic accidents may be reduced if a pre-existing condition contributed to the harm, but only to the extent the condition actually worsened the outcome — not merely because it existed.

In Japan, victims of defamation may claim consolation money (damages) under the Civil Code. The amount depends on severity, intent, and impact, with no fixed statutory cap.

In Japan, insurance standards are set by private contracts and the Insurance Business Act, while court standards are based on civil law principles like fault and causation under the Civil Code. They serve different purposes: insurance determines payout eligibility; courts determine legal liability.

Under Japan’s Product Liability Act, a plaintiff must prove: (1) the product had a defect, (2) damage occurred, and (3) a causal relationship existed between the defect and the damage.

Operator liability is denied in Japan when the operator proves they took all necessary measures to prevent the harm, or when the damage resulted solely from force majeure or the intentional act of a third party.

In Japan, employers are generally liable for damages caused by employees while performing work duties under the Civil Code. This is called 'employer liability' (or 'vicarious liability').

In Japan, manufacturers can be held strictly liable for injuries caused by design defects in products under the Product Liability Act, if the defect makes the product unreasonably dangerous.

Under Japan’s Product Liability Act, manufacturers can avoid liability by proving the defect did not exist when the product was delivered, the claimant’s negligence caused or contributed to the damage, or the state of scientific/technical knowledge at the time made the defect undiscoverable.

In Japan, a pet owner is strictly liable for damages caused by their animal under the Civil Code, regardless of negligence.

In Japan, parents or guardians may be held liable for damages caused by their minor child’s negligent act under the Civil Code, if they failed to properly supervise the child.

In Japan, joint tortfeasors are jointly and severally liable for the entire damage under the Civil Code. Each tortfeasor may be sued for full compensation, and the injured party may choose which one(s) to pursue.

In Japan, medical malpractice requires proving (1) a physician-patient relationship, (2) breach of the duty of care (i.e., failure to meet the standard of medical practice), (3) causation between the breach and harm, and (4) actual damage.

A victim in Japan can claim directly from compulsory automobile liability insurance (Jibaiseki Hoken) by submitting a claim to the insurer of the at-fault driver, without needing the driver’s cooperation, under the Automobile Liability Security Act.

In Japan, the statutory interest rate on delayed compensation is 3% per year, unless a higher rate is agreed upon or a special law applies.

Yes, you can request a re-evaluation of your disability grade within 60 days of receiving the decision from the Japan Pension Service.

In Japan, statements made during settlement negotiations are generally inadmissible as evidence in court to encourage open dialogue. This protection is not automatic but arises from procedural rules and judicial practice, not a specific statutory 'settlement privilege.'