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In Japan there is no separate law labelled "wrongful death." Claims for compensation after a death caused by another person arise under the general tort provisions of the Civil Code and relevant statutes. Under the tort rules - most notably Civil Code Article 709 - a person who causes damage by unlawful act or negligence is liable to compensate the injured party. When the injury is death, close relatives and other persons who suffered a measurable loss may bring civil claims seeking funeral expenses, loss of support, and compensation for mental suffering.
Wrongful-death situations in Shizuoka are handled through local criminal and civil procedures. Criminal prosecution may follow if the death was the result of a willful crime or criminal negligence. A criminal case is separate from a civil compensation claim, and the injured family can pursue both paths. In many cases families also negotiate with insurers - for example auto liability insurers or employer insurance in workplace accidents - before filing a lawsuit.
A lawyer is often necessary in wrongful-death matters because these cases can involve complex factual, legal, and procedural issues. Common situations where legal help is important include:
- Traffic deaths where the other driver denies fault or their insurer minimizes compensation.
- Workplace fatalities that raise questions about employer negligence, subcontractor responsibilities, or workers compensation coverage.
- Medical deaths that may involve proving malpractice against a hospital, clinic, or medical professional.
- Product liability deaths that require technical expert evidence about design or manufacturing defects.
- Cases with multiple potential defendants, unclear liability, or overlapping criminal investigations.
- Disputes over who is entitled to claim compensation - for example contested relationships, dependency, or inheritance issues under the koseki family register system.
- When you need to preserve evidence, obtain police and medical records, or use court-ordered measures such as expert reports and depositions.
A lawyer experienced in wrongful-death and personal-injury law in Shizuoka can evaluate your case, preserve critical deadlines, communicate with insurers and prosecutors, negotiate settlements, and litigate if necessary.
Key legal and procedural aspects relevant in Shizuoka include:
- Civil liability - Claims are brought under general tort law requiring proof of wrongful act or negligence, causation, and damages. Damages commonly awarded include funeral and burial costs, compensation for loss of financial support, and consolation damages for bereavement.
- Criminal proceedings - If a crime or criminal negligence is suspected, the police and public prosecutor will investigate and may bring charges. A criminal conviction can help a civil claim, but civil liability is determined separately.
- Statutes of limitation - Time limits apply to civil claims. Typically families should act promptly because a claim can be barred if not brought within the applicable limitation period. Consult a lawyer quickly to confirm deadlines for your specific case.
- Courts and dispute resolution - Civil claims are heard in district courts or summary courts depending on the value and complexity of the claim. Mediation and court-ordered conciliation are commonly used to resolve wrongful-death disputes. Shizuoka has district court branches that handle civil litigation and mediation procedures.
- Insurance and administrative remedies - Traffic deaths are often covered by automobile liability insurance and compulsory automobile liability insurance. Workplace deaths may qualify for workers insurance compensation through the Labor Standards Inspection Office, which is separate from a civil claim against an employer.
- Local procedures - Practical matters in Shizuoka include obtaining police reports from the local police station, death certificates and registration at municipal offices, and accessing records from local hospitals or medical examiners. The local bar association can help locate lawyers who handle wrongful-death claims in the prefecture.
A wrongful-death claim is a civil action seeking compensation when someone dies as a result of another person or entity's unlawful act or negligence. Compensation aims to cover funeral costs, financial losses suffered by survivors, and damages for mental suffering. The claim is based on tort law rather than a separate wrongful-death statute.
Typically close relatives such as a spouse, children, and parents bring claims. Other persons who can prove they suffered a direct economic or non-economic loss because of the death - for example dependents or those who provided financial support - may also have viable claims. Establishing the relationship and any economic dependency is essential, and documents like the koseki family register help prove status.
Survivors commonly seek reimbursement for funeral and burial expenses, loss of the deceased's expected earnings (loss of support), and consolation damages for emotional suffering. In some cases you may also claim for medical or ambulance expenses incurred before death, and interest on delayed payments.
A criminal prosecution and a civil claim are separate. A criminal conviction can strengthen a civil case because it establishes unlawful conduct, but civil damages are determined independently and require proof of causation and loss. You may pursue both criminal complaints and a civil claim concurrently.
Time limits apply to civil claims, and these can vary depending on the type of claim and the circumstances. Because deadlines can prevent you from recovering compensation, contact a lawyer promptly to confirm the relevant limitation period for your case.
Important items include the death certificate, police report, medical records and autopsy report if available, evidence of the deceased's earnings and employment, receipts for funeral and related expenses, family register documents to show relationship, and any photos or witness statements about the incident. A lawyer can help gather and preserve this evidence.
Many wrongful-death claims are handled through the at-fault party’s insurer - for example automobile liability insurance or employer liability insurance. Insurers will investigate and often negotiate a settlement. Insurers may offer lower amounts at first, so legal advice is important to evaluate offers and negotiate effectively.
If the responsible person has insufficient assets or no insurance, recovery can be difficult. You may still pursue a civil judgment to establish liability and potentially collect through asset seizure, but practical recovery depends on the defendant’s financial situation. In workplace deaths, statutory workers compensation may provide benefits regardless of employer assets.
Lawyer fees vary by firm and case. Fees can be based on hourly rates, fixed amounts, or contingency arrangements depending on the lawyer and the case type. Japanese lawyers will typically explain fee structures at an initial consultation. If funds are limited, you can ask about legal aid options that may be available through national or local support services.
Duration depends on the case complexity, whether parties settle, and the need for expert evidence. Many cases settle through negotiation or mediation in months, while contested cases that go to trial can take a year or more. Criminal proceedings can also run on a separate timeline. A lawyer can give a realistic estimate after reviewing your case details.
Useful organizations and authorities to contact when dealing with a wrongful-death matter in Shizuoka include:
- Shizuoka Prefectural Police and the local police station where the incident occurred - for criminal reports and investigation records.
- Municipal office where the death occurred - for death certificates and procedures to register the death in the family register (koseki).
- Labor Standards Inspection Office - for workplace deaths and workers compensation matters.
- Shizuoka Bar Association - to find lawyers who practice wrongful-death and personal-injury law in the prefecture.
- Japan Legal Support Center (Houterasu) - for information on legal aid, lawyer referrals, and consultation support.
- District courts and summary courts in Shizuoka - for information on civil procedures, mediation, and filing a claim.
- Victim support organizations and counseling services - for emotional and practical support after a traumatic death.
If you are facing a wrongful-death situation in Shizuoka, consider the following practical steps:
- Ensure immediate safety and report the incident to the police if not already done. Obtain a copy of the police report or record the case number and investigating officer’s contact details.
- Obtain the official death certificate from the medical facility or municipal office, and register the death at the appropriate city or ward office to update the koseki family register.
- Preserve evidence - keep any photographs, messages, receipts, employment records, and contact details of witnesses. Ask your lawyer to request medical records, autopsy reports, and any relevant official documents.
- Notify potential insurers - the deceased’s and the at-fault party’s insurers - and keep records of all communications and offers.
- Seek legal consultation quickly - arrange to meet a lawyer experienced in wrongful-death claims in Shizuoka to assess liability, possible compensation, and deadlines. Ask about fees, likely timelines, and whether legal aid is available.
- Consider alternative remedies - if the death occurred at work, explore statutory workers compensation benefits in parallel with any civil claim.
- Plan for emotional and practical support - contact victim support services and family counseling, and keep family members informed about legal and administrative steps.
Every wrongful-death matter is different. Consulting a local lawyer as early as possible will help protect your rights, meet procedural requirements, and maximize the chance of a fair outcome.
