Japan

Family member died in accident. Bereaved consolation?

Art. 710

Civil Code article

Art. 709

Tort liability

No fixed amount

Consolation award

3 years

Limitation period

The Short Answer

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.

What the Law Says

Japanese law does not provide automatic or statutory 'bereaved consolation money' (ishō ryōkin) for family members after an accidental death. However, surviving relatives may seek monetary compensation for mental suffering (ishō) and loss of support through civil tort claims.

Under the Japanese Civil Code, if a person’s death results from another party’s unlawful act (e.g., negligence in a traffic accident), the deceased’s relatives may claim damages under Articles 709 and 710.

Article 709 establishes liability for torts: 'A person who intentionally or negligently infringes upon the rights of others shall be liable to compensate for the damage thereby incurred.'

Article 710 provides for non-pecuniary damages: 'Compensation for damages may also be claimed for harm to property other than property damage, such as bodily injury or mental suffering.' This includes consolation money (ishō ryōkin) for surviving family members’ grief and emotional pain.

The amount is not fixed by law and is determined case-by-case by courts, considering factors like closeness of relationship, age of deceased, and severity of negligence. There is no statutory minimum or maximum.

Claims must be filed within three years from when the injured party (or heir) becomes aware of both the damage and the identity of the perpetrator, per Article 724.

Statutory Text
A person who intentionally or negligently infringes upon the rights of others shall be liable to compensate for the damage thereby incurred.
— Civil Code, Art. 709 — Tort Liability

Statutory Text
Compensation for damages may also be claimed for harm to property other than property damage, such as bodily injury or mental suffering.
— Civil Code, Art. 710 — Compensation for Non-Pecuniary Damage

Statutory Text
The right to claim damages for injury to life or body shall be extinguished unless exercised within three years from the time when the injured person or his/her legal representative becomes aware of the injury and of the identity of the perpetrator.
— Civil Code, Art. 724 — Limitation Period

What to Do

Confirm whether the death resulted from someone else’s unlawful act (e.g., driver negligence, workplace safety violation).

Gather evidence: police report, medical records, witness statements, and proof of familial relationship.

Consult a Japanese attorney within 3 years to assess viability of a tort claim under Civil Code Articles 709 and 710.

File a claim for damages—including consolation money (ishō ryōkin)—in the competent district court.

If settlement negotiations fail, proceed to litigation; courts may award consolation money based on circumstances.

Sources

statuteCivil Code, Art. 709 — Tort Liability statuteCivil Code, Art. 710 — Compensation for Non-Pecuniary Damage statuteCivil Code, Art. 724 — Limitation Period

Same Question, Other Jurisdictions

US-New York Compare all →

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.