Supreme Court: "Additional Compensation Claims Must Be Filed Within 3 Years If Survival Exceeds Expected Lifespan"

Supreme Court, Seocho-gu, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that when a victim paralyzed in all limbs after a traffic accident survives beyond the previously predicted life expectancy period, additional claims for damages must be filed within three years from the point exceeding the expected life expectancy.

On the 23rd, the Supreme Court's 3rd Division (Presiding Justice Kim Jaehyung) announced that it overturned the lower court's partial ruling in favor of the plaintiff in the appeal case where traffic accident victim Mr. A and his spouse filed a damage claim lawsuit against insurance company B, and remanded the case to the Seoul Central District Court.

Previously, Mr. A was paralyzed in all limbs after colliding with a village bus that crossed the center line while he was driving in Seoul in 2002. He received a physical appraisal result stating "permanent disability is expected, with an anticipated life expectancy of about 5 years," and in 2004, he received approximately 330 million won from insurance company B, which insured the village bus driver.

However, Mr. A survived well beyond the initially expected life expectancy, and in 2012, Mr. A and his spouse filed a damage claim lawsuit against company B seeking about 590 million won. On the other hand, company B argued that the statute of limitations for Mr. A's damage claim expired three years after the day following the end of the initially expected life expectancy.

The first trial court dismissed Mr. A's claim, stating, "It is clear that the three-year statute of limitations had passed at the time of filing the lawsuit." However, the second trial court partially ruled in favor of the plaintiff. The second trial court stated, "Mr. A had no choice but to rely on the previous appraisal results and could not have specifically anticipated surviving a significant period beyond the expected life expectancy," and ordered company B to pay about 230 million won.

However, the Supreme Court ordered a retrial and reconsideration of the case. The bench pointed out, "Mr. A could have foreseen the damages newly occurring after the expected life expectancy had passed," and "the claim for compensation for those damages should be considered to have a statute of limitations period starting no later than when the previously predicted life expectancy period ended."

It added, "The lower court erred in its legal interpretation regarding the starting point of the statute of limitations period, which affected the judgment."

This content was produced with the assistance of AI translation services.