Compensation law is about making good the loss suffered by someone harmed through an unlawful act. We act in traffic accidents, workplace accidents, medical errors and loss-of-support claims.
Compensation law governs the right of a person who has suffered loss through an unlawful act or a breach of contract to have that loss made good. The tort provisions of the Turkish Code of Obligations provide the basic foundation. The success of a claim depends largely on calculating the loss correctly and gathering the evidence in time; taking legal advice immediately after the event prevents the irreversible loss of evidence.
Types of Compensation
Pecuniary Damages
Aimed at making good the reduction in a person\'s assets. It covers items such as treatment costs, loss of earnings, the reduction in income caused by loss of working capacity, the diminished value of a vehicle and the cost of a replacement vehicle.
Non-pecuniary Damages
Where bodily integrity has been violated, or there has been severe distress or an attack on personality rights, this aims to make good, so far as money can, a loss that cannot be measured in money. The judge weighs the gravity of the fault, the financial position of the parties and the particular features of the event.
Principal Types of Claim
Traffic Accident Claims
Claims that may be directed against the driver, the vehicle operator and the insurer in accidents causing injury or death. For bodily injury, permanent incapacity compensation calculated on the rate of loss of working capacity and the losses relating to the period of temporary incapacity are assessed separately. Diminished value and loss-of-use (replacement vehicle) claims also fall within this scope.
Loss of Support
Compensation that may be claimed, in fatal cases, by the relatives who have lost the support of the deceased. Entitlement is not limited to statutory heirs and may extend to those who were in fact supported.
Workplace Accidents and Occupational Disease
Compensation for loss arising from the employer\'s breach of occupational health and safety obligations. Loss not covered by the social security institution is claimed in proceedings against the employer.
Medical Negligence
Compensation for bodily injury arising from a breach of the duties of diagnosis, treatment or informed consent. Expert evidence is decisive in these files.
How Is Compensation Calculated?
For bodily injury the calculation uses the victim\'s age and income, the established rate of permanent incapacity, the allocation of fault and current life-table data. In fatal cases the duration of support and the shares of support are taken as the basis. Any payment made by the insurer is set off against the calculated loss, which is why it is important to have a calculation carried out before accepting the insurer\'s first offer.
You can use the free calculators on this site to get an initial idea; they produce approximate figures and do not replace a legal assessment of your own file.