From Accident to Resolution
This section explains the steps from a traffic accident to receiving compensation, in chronological order. We also highlight the advantages of consulting an attorney at each stage.
The Accident — Ensure Safety and Document Everything
Call the police and confirm the at-fault party's information (name, contact details, vehicle license plate number, and insurance company). Taking photos of the scene and obtaining witness contact information are also important.
How an Attorney Helps at This Stage
An attorney can help you properly preserve evidence from the very beginning. Securing dashcam footage, responding to police investigations, and other early actions can significantly affect the outcome of subsequent compensation negotiations.
Visit a Medical Facility
See a doctor as soon as possible. If too much time passes between the accident and your first visit, the causal relationship between the accident and your injuries may be questioned. An orthopedic surgeon should be your primary doctor.
Continue Treatment
Continue treatment through hospitalization or outpatient visits. The frequency and content of your treatment affect the calculation of your compensation. It is important to follow your doctor's instructions and continue treatment.
When the Insurance Company Suggests Ending Treatment
The at-fault party's insurance company may tell you to "wrap up treatment soon." However, the decision to end treatment is a medical judgment made by your doctor — not by the insurance company.
How an Attorney Helps at This Stage
An attorney can negotiate the continuation of treatment on legal grounds against the insurer's attempt to cut off payment. Options such as using Japan's national health insurance or personal injury protection coverage can be explored to secure treatment costs.
Determination of Permanent Symptoms (Symptoms Plateau)
"Determination of permanent symptoms" means that no further improvement can be expected even with continued treatment. This is a medical determination made by the treating physician — not by the insurance company. The timing of this determination significantly affects the compensation amount, so careful judgment is required.
How an Attorney Helps at This Stage
An attorney will review whether the timing of the permanent symptoms determination is appropriate, taking the doctor's opinion into account. A premature determination may reduce the compensation amount.
Application for Disability Grade Recognition
If a disability remains after the permanent symptoms determination, you apply for disability grade recognition. Based on the recognized grade, you can claim compensation for pain and suffering and lost earnings. There are two application methods: "pre-recognition (through insurer)" and "victim's direct claim" (explained in detail in the Recognition Process section).
How an Attorney Helps at This Stage
An attorney analyzes medical records and selects favorable evidence to support a "victim's direct claim." This includes reviewing the disability diagnosis certificate and recommending necessary medical tests.
Notification of Grade Recognition Results
You will receive the grade recognition results from the General Insurance Rating Organization of Japan. If you disagree with the result, you can file an objection.
Settlement Negotiations
Once a grade is recognized, you enter into compensation negotiations with the at-fault party's insurance company. The amount offered by the insurance company is often lower than what an attorney would calculate using the attorney (court) standard.
How an Attorney Helps at This Stage
An attorney calculates and claims compensation based on the "attorney (court) standard." There is often a significant gap between the insurer's offer and this standard, and having legal representation enables negotiation for the proper amount based on legal precedent.
Settlement or Litigation
If negotiations succeed, a settlement is reached and compensation is paid. If agreement cannot be reached, the matter may be resolved through litigation (court proceedings). Once a settlement is finalized, it is extremely difficult to change the terms later, so we recommend having an attorney review the terms before you agree.
Post-Accident Checklist
- Confirm the at-fault party's information (driver's license, address, name, contact details, employer, vehicle plate number, vehicle registration)
- Report to the police (required for issuance of a Traffic Accident Certificate)
- Document the accident scene (photograph the scene, record the at-fault party's statements)
- Obtain witness information (name, address, contact details)
- Confirm insurance information (the at-fault party's compulsory and voluntary insurance, your own insurance)
- Visit a medical facility promptly (to establish causation)
- Consult an attorney early
What Is Residual Disability?
For physical symptoms remaining after a traffic accident to be recognized as a "residual disability," certain conditions must be met. This section explains the basic framework.
Definition of Residual Disability
Residual disability refers to a permanent impairment that remains after continued treatment for injuries from a traffic accident, when no further improvement can be expected (determination of permanent symptoms). The treating physician makes this determination.
Once formally recognized as a residual disability, you can claim compensation for pain and suffering and lost earnings (loss of earning capacity) according to the recognized grade (Grades 1 through 14). For example, for Grade 12, the attorney-standard compensation for pain and suffering is 2.9 million yen, compared to 940,000 yen under the compulsory insurance (CALI) standard.
Key Requirements for Recognition
Simply stating that "pain remains" is not sufficient for disability recognition. Medical evidence such as MRI and CT imaging, neurological examinations, and a demonstrated causal relationship with the accident are required.
How the Grade Recognition System Works
Disability grade recognition is conducted by the General Insurance Rating Organization of Japan, a specialized agency. Grades are divided into "Schedule 1" (severe disabilities requiring nursing care) and "Schedule 2" (all other disabilities), ranging from Grade 1 to Grade 14. Lower numbers indicate more severe disabilities and higher compensation amounts.
Compulsory Automobile Liability Insurance (CALI) Limits
| Category | Maximum Amount |
|---|---|
| Injury portion | 1.2 million yen |
| Residual disability, Schedule 1, Grade 1 | 40 million yen |
| Residual disability, Schedule 1, Grade 2 | 30 million yen |
| Residual disability, Schedule 2, Grade 1 | 30 million yen |
| Residual disability, Schedule 2, Grade 14 | 750,000 yen |
| Death | 30 million yen |
Residual Disabilities by Body Part
| Body Part | Common Residual Disabilities |
|---|---|
| Arms (Upper Extremities) | Limited range of motion in shoulder, elbow, and wrist joints; post-fracture deformity; TFCC injury |
| Legs (Lower Extremities) | Limited range of motion in hip, knee, and ankle joints; ligament injuries; meniscus injuries |
| Spine | Compression fractures, spinal deformity, movement disorders |
| Eyes | Vision impairment, diplopia (double vision), accommodation disorders, visual field defects |
| Mouth / Jaw | Mastication dysfunction, limited mouth opening, speech dysfunction, dental injuries |
| Facial / Neck Scarring | Disfigurement (scarring of face, head, or neck) |
| Nervous System | Neurological symptoms, higher brain dysfunction, spinal cord injury |
| Ears / Nose | Hearing impairment, olfactory dysfunction |
The Recognition Process
This section explains the procedure for obtaining disability grade recognition. The difference between "pre-recognition (through insurer)" and "victim's direct claim" is a particularly important point.
Steps to Recognition
Determination of Permanent Symptoms
The doctor determines that no further recovery can be expected with continued treatment
Preparation of the Disability Diagnosis Certificate
Request your treating physician to prepare this document. Its contents are critical to the grade recognition outcome
Application for Grade Recognition
Apply using either the "pre-recognition (through insurer)" or "victim's direct claim" method
Review by the General Insurance Rating Organization
The organization determines the grade based on submitted materials
Notification of Recognition Results
If you disagree with the result, you can file an objection
Pre-Recognition vs. Victim's Direct Claim
There are two methods for applying for grade recognition. The choice between them can affect the outcome.
Pre-Recognition (Through Insurer)
The at-fault party's insurance company offers to handle the application on your behalf. While this saves you effort, the insurance company may not go out of its way to collect and submit evidence favorable to you. In some cases, an unfavorable medical opinion from the insurer's consulting physician may even be attached.
Victim's Direct Claim
The victim (or their attorney) collects the materials and files the application directly. Although it requires more effort, this method allows you to select and submit favorable medical evidence, making it more likely that an appropriate grade will be recognized. If you hire an attorney, the attorney handles the document collection burden.
| Item | Pre-Recognition | Victim's Direct Claim |
|---|---|---|
| Who applies | The at-fault party's voluntary insurer | The victim (attorney can act as representative) |
| Document collection | Done by the insurance company | Done by the victim's side |
| Advantage | Minimal effort required | You can select and submit favorable evidence |
| Disadvantage | Unfavorable evidence may be submitted | Document collection is time-consuming |
| Effect on grade | Risk of a lower grade or non-recognition | More likely to receive an appropriate grade |
Why We Recommend the Victim's Direct Claim
While pre-recognition is convenient, the insurance company may not act in the victim's best interest. With a victim's direct claim, an attorney can analyze medical records and imaging findings to select and submit the most favorable medical evidence. This is especially important for symptoms where imaging findings matter, such as limited range of motion after fractures or spinal deformity.
Key Points in the Disability Diagnosis Certificate
- The most critical factor is that test results are accurately documented
- The consistency of subjective symptoms should be evident, with the clinical course documented from the initial visit
- Imaging findings and neurological examination results should be documented
- It is effective for the attorney to meet with the physician and request specific tests that are emphasized in the grade review process
Tests Required for Recognition
| Type of Test | Description |
|---|---|
| Diagnostic Imaging | MRI, CT, X-ray. These provide the basis for objective medical evidence |
| Neurological Tests | Spurling test, Jackson test, reflex tests, sensory tests |
| Electromyography (EMG) | Electrically tests for peripheral nerve damage |
| Range of Motion (ROM) Testing | Measures the range of joint movement in degrees. Critical for limited range of motion after fractures |
| Neuropsychological Testing | Evaluates cognitive function when higher brain dysfunction is suspected |
Filing an Objection
If you disagree with the recognition result, you can challenge it through the following methods.
Objection to CALI
Submit new medical evidence and request a re-examination. There is no limit on the number of objections, but the first objection is typically the most important.
Application to the Dispute Resolution Organization
A review by an impartial third-party organization. Only one application is allowed, and the review process takes at least six months.
Litigation
This is the last resort. The court independently determines the disability grade. Resolution may take over a year.
Cases Likely and Unlikely to Be Recognized
Factors Favoring Recognition
- Abnormal findings on MRI and neurological examinations
- Consistent and continuous medical treatment
- Documentation showing the severity of the accident impact
- Symptoms documented in medical records from the initial visit
Factors Against Recognition
- No abnormalities found on examination
- Treatment was discontinued by the patient's own decision
- Insufficient objective evidence
- Unclear causal relationship between the accident and symptoms
Explanation by Symptom
This section explains common residual disabilities from traffic accidents by symptom type, including recognition criteria and compensation amounts for joint dysfunction after fractures, spinal compression fractures, and vision impairment.
After fracturing an arm or leg in a traffic accident, the range of motion of the affected joint may not fully recover. Even after the fracture heals, if joint movement remains restricted, this can be recognized as a residual disability.
Affected Joints
Three Major Joints of the Upper Extremity
- Shoulder joint (humeral fractures, etc.)
- Elbow joint (olecranon fractures, radial head fractures, etc.)
- Wrist joint (distal radius fractures, etc.)
Three Major Joints of the Lower Extremity
- Hip joint (femoral neck fractures, etc.)
- Knee joint (tibial plateau fractures, etc.)
- Ankle joint (ankle malleolus fractures, etc.)
Grade Recognition Criteria (Range of Motion)
The grade is determined by comparing the range of motion between the uninjured side (healthy side) and the injured side (affected side).
| Grade | Recognition Criteria | Attorney-Standard Compensation | Loss of Earning Capacity |
|---|---|---|---|
| Grade 8-6 (Upper) Grade 8-7 (Lower) | Loss of function of the joint Range of motion is approx. 10% or less of the healthy side | 8.3 million yen | 45% |
| Grade 10-10 (Upper) Grade 10-11 (Lower) | Significant functional impairment Range of motion is 1/2 or less of the healthy side | 5.5 million yen | 27% |
| Grade 12-6 (Upper) Grade 12-7 (Lower) | Functional impairment Range of motion is 3/4 or less of the healthy side | 2.9 million yen | 14% |
Key Points for Recognition
- Range of motion (ROM) testing is the most critical factor. Ask your doctor to perform accurate measurements
- Measurements are taken using a goniometer, and the determination is generally based on passive values (angles measured by the doctor moving the joint)
- The causal relationship between the fracture site and the range of motion restriction must be supported by imaging
- It is essential that the disability diagnosis certificate accurately records the angles for both the healthy and affected sides
In a traffic accident, the impact may cause a compression fracture of a vertebral body in the spine. These are relatively common in rear-end and head-on collisions. If the vertebral body remains deformed even after the fracture heals, it can be recognized as a residual disability.
Grades for Spinal Deformity
| Grade | Recognition Criteria | Attorney-Standard Compensation | Loss of Earning Capacity |
|---|---|---|---|
| Grade 6-5 | Significant spinal deformity remaining | 11.8 million yen | 67% |
| Grade 8 equivalent | Moderate spinal deformity remaining | 8.3 million yen | 45% |
| Grade 11-7 | Spinal deformity remaining e.g., anterior vertebral height reduced to approx. 4/5 or less of posterior height due to compression fracture | 4.2 million yen | 20% |
Key Points for Recognition
- The deformity must be objectively confirmed on X-ray and CT images
- MRI images taken immediately after the accident should confirm a fresh fracture (to distinguish from old fractures)
- Compression fractures can sometimes be discovered late, so thorough examination immediately after the accident is important
When the head or face is struck in a traffic accident, permanent vision loss may result. This includes damage to the eyeball or optic nerve, as well as diplopia (double vision) associated with orbital floor fractures.
Vision Impairment Grades (Major Categories)
| Grade | Recognition Criteria | Attorney-Standard Compensation | Loss of Earning Capacity |
|---|---|---|---|
| Grade 8-1 | Loss of vision in one eye, or vision of 0.02 or less in one eye | 8.3 million yen | 45% |
| Grade 9-1 | Vision of 0.6 or less in both eyes | 6.9 million yen | 35% |
| Grade 10-1 | Vision of 0.1 or less in one eye | 5.5 million yen | 27% |
| Grade 13-1 | Vision of 0.6 or less in one eye | 1.8 million yen | 9% |
*Vision is measured with corrected vision using the Universal Test Chart.
Key Points for Recognition
- Visit an ophthalmologist promptly after the accident and maintain a record of vision changes
- Diplopia is objectively demonstrated using a Hess screen test
- In cases of orbital floor fracture, the fracture should be confirmed on CT imaging
In traffic accidents, striking the face can result in jaw fractures or temporomandibular joint damage. Residual disabilities may include difficulty opening the mouth or chewing food.
Mastication Dysfunction Grades
| Grade | Recognition Criteria | Attorney-Standard Compensation | Loss of Earning Capacity |
|---|---|---|---|
| Grade 9-6 | Impairment of both mastication and speech function | 6.9 million yen | 35% |
| Grade 10-3 | Impairment of either mastication or speech function | 5.5 million yen | 27% |
Dental Injuries
| Grade | Recognition Criteria | Attorney-Standard Compensation |
|---|---|---|
| Grade 10-4 | Dental prostheses applied to 14 or more teeth | 5.5 million yen |
| Grade 11-4 | Dental prostheses applied to 10 or more teeth | 4.2 million yen |
| Grade 12-3 | Dental prostheses applied to 7 or more teeth | 2.9 million yen |
| Grade 14-2 | Dental prostheses applied to 3 or more teeth | 1.1 million yen |
Scars remaining on the face, neck, or other visible areas after a traffic accident may be recognized as a residual disability if they are conspicuous enough to be noticeable.
Grades and Recognition Criteria
| Grade | Category | Criteria | Attorney-Standard Compensation |
|---|---|---|---|
| Grade 7-12 | Severe disfigurement | Head: scar the size of a palm or larger Face: scar the size of a hen's egg or larger, or tissue depression the size of a 10-yen coin or larger Neck: scar the size of a palm or larger | 10 million yen |
| Grade 9-16 | Considerable disfigurement | Linear scar on the face of 5 cm or longer | 6.9 million yen |
| Grade 12-14 | Disfigurement | Head: scar the size of a hen's egg or larger Face: scar the size of a 10-yen coin or larger, or linear scar of 3 cm or longer Neck: scar the size of a hen's egg or larger | 2.9 million yen |
Regarding Lost Earnings
Since disfigurement does not directly impair bodily function, insurance companies tend to deny lost earnings claims. However, courts have recognized lost earnings in some cases depending on the victim's occupation and the severity of the scarring.
Knee Ligament Injuries (ACL Injuries, etc.)
When knee ligaments are damaged, joint instability (looseness) may remain. Grades 8 through 12 are recognized depending on the severity and impact on daily life.
| Grade | Recognition Criteria |
|---|---|
| Grade 8 | Constant need for a rigid brace |
| Grade 10 | Occasional need for a rigid brace |
| Grade 12 | Some difficulty with work activities |
Meniscus Injuries
Meniscus damage in the knee can result in pain, catching sensation, and limited range of motion. When accompanied by limited range of motion, Grade 12 may apply; when recognized as a neurological symptom, Grade 12-13 or Grade 14-9 may apply.
TFCC Injuries (Wrist Disability)
Triangular fibrocartilage complex (TFCC) injuries primarily cause pain on the ulnar (little finger) side of the wrist. These are difficult to detect on X-ray and require MRI examination.
| Grade | Condition |
|---|---|
| Grade 10-10 | Significant joint dysfunction (ROM 1/2 or less of healthy side) |
| Grade 12-6 | Joint dysfunction (ROM 3/4 or less of healthy side) |
| Grade 12-13 | Persistent neurological symptoms (imaging findings present) |
| Grade 14-9 | Neurological symptoms (medically explainable) |
Traffic accidents can result in severe residual disabilities due to head trauma or spinal injuries. Because the calculation of compensation for severe disabilities is complex, we recommend consulting an attorney as early as possible.
| Condition | Description | Typical Grades |
|---|---|---|
| Higher brain dysfunction | Impairment of cognitive functions such as memory and judgment due to brain injury | Grades 1-9 |
| Spinal cord injury | Damage to the spinal cord within the spine, resulting in permanent paralysis such as quadriplegia | Schedule 1, Grades 1-12 |
| Persistent vegetative state | So-called vegetative state requiring constant nursing care | Schedule 1, Grade 1 |
| CRPS | Complex regional pain syndrome. Severe pain persists after injury healing | Grades 7-12 |
In severe disability cases, in addition to compensation for pain and suffering, multiple damage categories arise including lost earnings, future nursing care costs, and family member consolation money. Specialized medical knowledge and damage calculation expertise are required.
How Compensation Works
This section explains how traffic accident compensation is calculated, including the differences among the three calculation standards and hospitalization/outpatient compensation tables.
We offer a tool that provides a rough estimate of your compensation amount. Enter whatever information you have available to get an estimate.
Compensation Calculator Tool →Three Calculation Standards
There are three different calculation standards for traffic accident compensation in Japan. The standard used makes a significant difference in the amount.
| Standard | Calculated By | Characteristics & Amount Level |
|---|---|---|
| CALI Standard | Based on law | Minimum compensation for victim relief. The lowest of the three standards |
| Voluntary Insurance Standard | Each insurance company's own criteria | Set internally by insurers. Slightly higher than CALI, but not publicly disclosed |
| Attorney (Court) Standard | Based on court precedents | Based on accumulated court decisions. The highest of the three, with strong legal backing |
Amounts offered by insurance companies are often based on the CALI or voluntary insurance standard. Hiring an attorney experienced in traffic accident cases allows claims to be made using the attorney (court) standard, potentially resulting in a higher compensation amount. Our office uses this standard for traffic accident cases throughout the Saga Prefecture area and beyond.
Hospitalization & Outpatient Compensation (Injury Compensation)
Hospitalization and outpatient compensation is the compensation for pain and suffering caused by being hospitalized or requiring outpatient visits due to accident injuries. It is calculated based on the duration of hospitalization and outpatient treatment.
CALI Standard Formula
4,300 yen × number of treatment days = hospitalization/outpatient compensation
*Number of treatment days = the lesser of "actual treatment period" or "actual outpatient days × 2"
Attorney-Standard Compensation Table for Hospitalization & Outpatient Treatment
Under the attorney (court) standard, compensation is calculated using the following tables. Table I is for serious injuries such as fractures, while Table II is for relatively minor injuries.
Table I (Serious Injuries) Unit: 10,000 yen
| Outpatient \ Inpatient | 0 mo. | 1 mo. | 2 mo. | 3 mo. | 4 mo. | 5 mo. | 6 mo. |
|---|---|---|---|---|---|---|---|
| 0 mo. | 0 | 53 | 101 | 145 | 184 | 217 | 244 |
| 1 mo. | 28 | 77 | 122 | 162 | 199 | 228 | 252 |
| 2 mo. | 52 | 98 | 139 | 177 | 210 | 236 | 260 |
| 3 mo. | 73 | 115 | 154 | 188 | 218 | 244 | 267 |
| 4 mo. | 90 | 130 | 165 | 196 | 226 | 251 | 273 |
| 5 mo. | 105 | 141 | 173 | 204 | 233 | 257 | 278 |
| 6 mo. | 116 | 149 | 181 | 211 | 239 | 262 | 282 |
Table II (Minor Injuries) Unit: 10,000 yen
| Outpatient \ Inpatient | 0 mo. | 1 mo. | 2 mo. | 3 mo. | 4 mo. | 5 mo. | 6 mo. |
|---|---|---|---|---|---|---|---|
| 0 mo. | 0 | 35 | 66 | 92 | 116 | 135 | 152 |
| 1 mo. | 19 | 52 | 83 | 106 | 128 | 145 | 160 |
| 2 mo. | 36 | 69 | 97 | 118 | 138 | 153 | 166 |
| 3 mo. | 53 | 83 | 109 | 128 | 146 | 159 | 172 |
| 4 mo. | 67 | 95 | 119 | 136 | 152 | 165 | 176 |
| 5 mo. | 79 | 105 | 127 | 142 | 158 | 169 | 180 |
| 6 mo. | 89 | 113 | 133 | 148 | 162 | 173 | 182 |
*The above amounts are based on the attorney (court) standard compensation tables. Actual amounts vary depending on individual circumstances.
View detailed tables (calculator reference materials) →
Lost Income (Work Absence Damages)
Base Income (daily rate) × Days of Work Absence = Lost Income
Under the CALI standard, 6,100 yen per day (up to 19,000 yen per day with supporting documentation).
Lost Earnings Calculation
Lost earnings represent the future income loss caused by the residual disability. It is calculated using the following formula.
Base Income × Loss of Earning Capacity Rate × Leibniz Coefficient = Lost Earnings
How Base Income Is Determined
| Victim's Category | How Base Income Is Determined |
|---|---|
| Salaried employee | Actual income before the accident |
| Self-employed | Income from the previous year's tax return |
| Homemaker | Average wage for all female workers (national wage census) |
| Students / Minors | Average wage by gender (national wage census) |
The working years are generally calculated from the date of permanent symptoms determination to age 67, and the Leibniz coefficient is calculated at the statutory interest rate of 3%.
Calculation Example
Annual income 5 million yen, Grade 4 disability, 37 years remaining
5,000,000 yen × 92% (Grade 4 loss rate) × 22.167 (Leibniz coefficient for 37 years)
= Approx. 101.97 million yen
Future Nursing Care Costs
When a Grade 1 (constant nursing care) or Grade 2 (occasional nursing care) disability is recognized, the costs of future nursing care can be claimed as part of the compensation. The standard rates are 8,000 yen per day for family caregivers and actual costs for professional caregivers. The younger the victim, the longer the care period and the higher the amount.
Death Case Compensation
Under the attorney (court) standard, the compensation amount for fatal accidents varies by the victim's role within the family. For the primary breadwinner: approximately 28 million yen; for a mother or spouse: approximately 25 million yen; for others (children, elderly, etc.): approximately 20-25 million yen. Under the CALI standard, the amount consists of a base 4 million yen for the deceased plus additional amounts for surviving family members.
Residual Disability Compensation
Below is a summary of compensation amounts and loss of earning capacity rates for each disability grade. Grades range from 1 to 14, with lower numbers indicating more severe disabilities and higher compensation amounts.
| Grade | CALI Standard | Attorney (Court) Standard | Loss of Earning Capacity | CALI Limit |
|---|---|---|---|---|
| Sch. 1, Grade 1 | 16.5 million yen | 28 million yen | 100% | 40 million yen |
| Sch. 1, Grade 2 | 12.03 million yen | 23.7 million yen | 100% | 30 million yen |
| Sch. 2, Grade 1 | 11.5 million yen | 28 million yen | 100% | 30 million yen |
| Sch. 2, Grade 2 | 9.98 million yen | 23.7 million yen | 100% | — |
| Sch. 2, Grade 3 | 8.61 million yen | 19.9 million yen | 100% | — |
| Grade 4 | 7.37 million yen | 16.7 million yen | 92% | — |
| Grade 5 | 6.18 million yen | 14 million yen | 79% | — |
| Grade 6 | 5.12 million yen | 11.8 million yen | 67% | — |
| Grade 7 | 4.19 million yen | 10 million yen | 56% | — |
| Grade 8 | 3.31 million yen | 8.3 million yen | 45% | — |
| Grade 9 | 2.49 million yen | 6.9 million yen | 35% | — |
| Grade 10 | 1.9 million yen | 5.5 million yen | 27% | — |
| Grade 11 | 1.36 million yen | 4.2 million yen | 20% | — |
| Grade 12 | 940,000 yen | 2.9 million yen | 14% | — |
| Grade 13 | 570,000 yen | 1.8 million yen | 9% | — |
| Grade 14 | 320,000 yen | 1.1 million yen | 5% | — |
CALI Standard vs. Attorney Standard: Amount Comparison
Even for the same grade, the standard used creates a significant difference in the compensation amount.
Why Does Such a Large Gap Exist?
The CALI standard is designed to provide minimum compensation to all victims. In contrast, the attorney (court) standard is based on accumulated court precedents and reflects the actual damages suffered by victims more appropriately. Hiring an attorney to negotiate allows you to claim compensation based on the attorney standard.
Other Damage Categories
In addition to hospitalization/outpatient compensation, residual disability compensation, and lost earnings, various other costs can be claimed as damages.
| Item | Standard Amount |
|---|---|
| Attendant care costs (family member) | 6,500 yen / day |
| Attendant care costs (professional caregiver) | Actual costs |
| Hospitalization sundries | 1,500 yen / day |
| Transportation costs for outpatient visits | Actual costs |
| Prosthetic devices | Actual costs for prostheses, glasses, etc. |
| Home modification costs | Actual costs |
| Medical certificate preparation fees | Actual costs |
You can estimate your approximate compensation amount using our Compensation Calculator Tool.
Attorney Fees & Insurance
This section explains how attorney fee coverage works and the risk of fees exceeding the benefit.
What Is Attorney Fee Coverage?
Attorney fee coverage is a rider on your automobile insurance (voluntary insurance) policy that covers the costs of consulting and hiring an attorney for a traffic accident case. Most policies cover up to 100,000 yen in consultation fees and up to 3,000,000 yen in attorney fees. With this coverage, you can hire an attorney at no out-of-pocket cost.
How Attorney Fee Coverage Works
No out-of-pocket cost
Handles negotiations & procedures
Covers attorney fees
Coverage Limits
| Category | Maximum Amount |
|---|---|
| Attorney fees | Up to 3,000,000 yen (per accident) |
| Legal consultation fees | Up to 100,000 yen |
Cases Where Coverage Cannot Be Used
- Accidents that occurred before the coverage was added to the policy
- Willful misconduct or gross negligence by the victim (unlicensed driving, drunk driving, etc.)
- Accidents between family members or household members
No Impact on Your Insurance Premium or Rating
Using attorney fee coverage typically does not lower your insurance rating or increase your premium. Please check your insurance policy documents and take advantage of this benefit.
Risk of Fees Exceeding the Benefit
Cases where attorney fees exceed the increase in compensation ("negative return") are more likely in property-damage-only accidents, minor injury cases, or cases where the at-fault party is uninsured. If you have attorney fee coverage, there is generally no risk of negative return.
Benefits of Hiring an Attorney
Hiring an attorney enables claims based on the court standard, reduces the burden of negotiating with insurance companies, and provides support for appropriate disability recognition.
How Compensation Increases
- An attorney calculates and claims compensation based on the "attorney (court) standard." Insurance company offers are often based on the CALI or voluntary insurance standard, creating a gap between their offer and the court standard
- With an attorney as your representative, negotiations can be conducted for the proper amount based on legal precedent
For example, the residual disability compensation for Grade 14 alone ranges from 320,000 yen under the CALI standard to 1.1 million yen under the attorney standard — a significant difference based solely on the calculation standard used.
*The above figures represent standard compensation amounts by grade. Actual total compensation varies depending on individual circumstances. Results are not guaranteed to be the same in every case.
Benefits of Delegating Insurance Company Negotiations
Negotiating Against Treatment Cutoffs
When the insurance company unilaterally attempts to cut off treatment payment, your attorney negotiates for continuation on legal grounds.
Reviewing Settlement Terms
Prevents omission of damage categories and ensures all claimable items are included.
Claiming the Proper Amount Based on Legal Precedent
Calculates and asserts the appropriate compensation amount based on court decisions and legal standards.
Reducing Emotional Burden
Your attorney handles all communications with the insurance company, allowing you to focus on your treatment and recovery.
Disability Recognition Support Services
- Obtaining and analyzing medical records and imaging findings
- Reviewing the disability diagnosis certificate and suggesting corrections for deficiencies
- Verifying accurate documentation of range of motion (ROM) measurements
- Organizing imaging materials that support post-fracture deformity and range of motion restrictions
- Advising on the timing of tests during treatment
- Collecting and submitting documents required for the victim's direct claim
- Providing consultation from immediately after the accident (hospital selection, necessary test recommendations)
What Our Office Can Do
Aoyama Law Office in Saga City accepts consultations regarding residual disabilities from traffic accidents. We serve clients throughout the Kyushu region, including Saga, Fukuoka, Nagasaki, and Kumamoto Prefectures.
Our Strengths
Direct Attorney Handling
Unlike large firms, Attorney Takanori Aoyama personally handles your case from the initial consultation through to resolution. Your representative will never change midway through the case.
Medical Analysis Expertise from Malpractice Litigation
Experience in medical malpractice litigation has honed our ability to analyze medical records and imaging findings, which we apply to traffic accident disability recognition. We have particular strength in interpreting medical records, imaging, and coordinating with physicians.
No Out-of-Pocket Costs with Attorney Fee Coverage
If you have attorney fee coverage on your automobile insurance policy, you can retain our services at no personal cost. Please check your insurance policy documents.
Office Information
| Address | 840-0801 Ekimae Chuo 1-9-38, Saga Shimbun Saga Ekimae Bldg. 7F, Saga City, Saga Prefecture, Japan |
| Phone | 0952-97-8177 |
| FAX | 0952-97-8178 |
| Business Hours | Weekdays 10:00 - 17:30 |
| Service Area | Kyushu region, centered on Saga Prefecture |
| Bar Membership | Saga Bar Association |
Compensation Estimate
Our Traffic Accident Compensation Calculator is also available.
Traffic Accident Compensation Calculator →
Important Notice
Please note: We only represent injured victims (plaintiffs). We do not handle property-damage-only cases or represent at-fault parties.
Consultation Information
We accept consultations regarding residual disabilities from traffic accidents. Please feel free to contact us.
No out-of-pocket cost if you have attorney fee coverage
Please check your automobile insurance policy documents
Online Consultation Form
Available 24 hours. We will respond within 3 business days.
Open Consultation FormDocuments That Will Help Your Consultation
- Traffic Accident Certificate
- Medical diagnosis certificates and itemized medical bills
- Documents/offers from the insurance company
- Your own automobile insurance policy documents (to verify attorney fee coverage)