I am sending this e-mail to ask some questions.
First of all, I will explain about the accident which happened in Malaysia and the present situation now.
The accident happened on July 20, 2015. There were 3 people at the scene of the accident.
A: Lee Joungsik (Victim of the accident), B: Companion 1 with A (Me),
C: Companion 2 with A (My son)
We were walking along the shoulder of the road in Johor Bahru (Jalan Jim Quee) and suddenly the speeding bus hit A’s back (Lee Joungsik) from the behind.
We sent A immediately to the hospital emergency room and C informed the Korean Embassy in Kuala Lumpur about the accident.
The Korean consul sent us his civilian coworker and C went to the police station with the civil coworker and reported the details of the accident with coworker’s help.
The hospital in Malaysia diagnosed A as a minor injury and discharged him from the hospital after one night observation.
A took one day rest in our lodging and was sent back to Korea immediately for complete medical check-up and follow-up measures.
In Korean hospital, A was diagnosed as serious multiple injuries (the shoulder bladebone, the pelvic bone, 3 ribs was broken and the rotator cuff muscle was torn)
and it would take about 12 weeks to heal. So he is being under treatment in his home with private caregiver after discharging frome the hospital(hospitalized from 23 July 2015 to 8 August 2015). He started to feel another pain around knee of his right leg.
However, B and C continued to carry out the remaining itinerary for 9 days. After returning home, B sent an e-mail to the Accident & Insurance Claim Officer of the bus company which was involved in the accident.
The e-mail contained some documents and photos related to the accident which the Accident & Insurance Claim Officer requested.
The Accident & Insurance Claim Officer sent a reply e-mail that said B had to contact their(the bus company's) insurance company in Kuala Lumpur.
The bus company's insurance company in Kuala Lumpur contacted the Korean consul's coworker in Malaysia to tell him about the required documents.
Then the Korean consul's coworker forwarded this to B.
So B sent the documents (the statement of claim, police report, the medical certificate, etc) and photos to the person in charge at the insurance company 2 times(first on 20 August 2015, second on 28 August 2015).
But he hasn’t replied back to the e-mail and hasn’t answered the phone for 14 days.
The following are the questions that I want to ask you.
1. I want to know how you usually deal with the problems similar to above if the victim is a Malaysian.
(what are the general procedures, who is compensable, what is the amount of the compensation and the amount of the settlement money for the serious injuries that would take 12 weeks to heal)
2. These are the questions about when the victim and the insurance company fail to reach an agreement.
a. How much is the attorney’s fee when the victim hires an attorney to help him/her to reach an agreement with the insurance company ?
b. If the victim and the insurance company fail to reach an agreement and start a civil lawsuit, how much will be the attorney’s fee? Could you tell me in detail (How many times? When? How much? Decision standards, etc)
c. In case of a and b (above), is there a retainer? How much is it generally?
d. In Korea, the expense incurred in civil lawsuit is paid by the person or the company who loses the civil lawsuit. How about in Malaysia?
How much does a lawyer in a given location? Ask others!