Compensation Law
Compensation law is a field of law that aims to compensate for the damage suffered by a person due to an unlawful act, breach of contract, accident, negligence, faulty behavior or violation of personal rights. The main purpose of compensation cases is to compensate the material or moral loss of the injured person through legal means.
In Istanbul, compensation cases due to traffic accidents, work accidents, doctor's errors, contract violations, insult, tort, rent disputes and commercial relations come to the fore frequently. Therefore, before claiming compensation, the type of damage, those responsible, the evidence and the statute of limitations should be carefully evaluated.
What is Compensation Law?
Compensation law is the field of law that allows the injured person to claim the loss he suffered from the person who caused the damage or the responsible party. This damage may be material or moral in nature.
Compensation law is not limited to torts only. Many events such as breach of contract, traffic accident, work accident, doctor's error, divorce, loss of rent, insurance dispute and violation of personal rights may be subject to a compensation lawsuit.
What is a Compensation Case?
A compensation lawsuit is a lawsuit filed by the injured person to compensate for the damage suffered. This lawsuit may include claims for material compensation, non-pecuniary damage or both, depending on the nature of the damage.
When evaluating the claim for compensation, the court examines factors such as damage, fault, unlawfulness and causality. If these elements are missing, the claim for compensation may be rejected.
Basic Conditions of Compensation Law
In order for liability for compensation to arise, some basic conditions must be present. Not every damage automatically gives rise to a right to compensation.
| Condition | Explanation |
|---|---|
| Damage | There must be a material or moral loss. |
| unlawful act | The damage must result from unlawful conduct. |
| Mistake | There may be faulty behavior of the person causing the damage. |
| causal link | There must be a cause-effect relationship between the act and the damage. |
| Proof | The injured person must present his damage and claim with evidence. |
What is Financial Compensation?
Financial compensation is the compensation requested to compensate for the decrease in a person's assets. Medical expenses, loss of earnings, vehicle damage, loss of value, incapacity damage and loss of support may be examples of financial compensation.
When requesting financial compensation, it is important to prove the damage with documents. Invoices, bank records, income documents, medical reports, expert reports and expert calculations are frequently used in these cases.
What is Non-Pecuniary Compensation?
Non-pecuniary compensation is the compensation requested due to the pain, suffering, sadness, psychological wear, violation of personal rights or decrease in the quality of life experienced by a person. Non-pecuniary compensation aims to compensate the damage to some extent, not to completely eliminate it with money.
When determining the amount of non-pecuniary damages, the court takes into account the severity of the incident, the fault of the parties, the impact experienced by the injured party and the criteria of equity. For this reason, the amount of non-pecuniary compensation is determined differently in each case.
Difference Between Material and Non-Pecuniary Compensation
Material and moral compensation may arise from the same event; but their legal qualifications are different. Material compensation deals with economic losses, while non-pecuniary compensation deals with the damage to the person's spiritual world and personality values.
| Compensation Type | Explanation |
|---|---|
| financial compensation | It covers economic damages that can be measured in money. |
| moral compensation | It is about pain, sadness and violation of personal rights. |
| Proof | Documentation and calculation are important in case of material damage. |
| Discretion | The judge's discretion in non-pecuniary damages is wider. |
| request together | Two types of compensation may be requested together in the same case. |
Compensation Due to Tort
A tort is when a person causes harm to another person through his/her unlawful and faulty behavior. This may include traffic accident, injury, damage to property, insult, violation of privacy or unjust occupation.
Article 49 of the Turkish Code of Obligations is one of the basic bases of tort liability. The injured person must reveal his damage and the fault of the person who caused the damage with evidence.
Compensation for Breach of Contract
If one of the parties does not fulfill its contractual obligations or fulfills them incompletely, the other party may claim compensation. Sales, rental, service, work, consultancy, dealership, supply and commercial contracts can be evaluated within this scope.
Contract provisions, payment records, delivery documents, notices and correspondence are important in a compensation lawsuit due to breach of contract. It should be clearly stated which contract violation caused the damage.
Traffic Accident Compensation
Vehicle damage, loss of vehicle value, treatment expenses, temporary incapacity, permanent incapacity, loss of support and non-pecuniary compensation may be claimed due to a traffic accident. The compensation to be claimed varies depending on whether the accident causes injury, death or material damage.
Fault rate, accident report, insurance policy, health reports, expert report and expert calculation are important in traffic accidents. The application process to the insurance company should also be evaluated separately.
Vehicle Value Loss Compensation
Vehicle value loss is the decrease in the second-hand market value of a vehicle that was repaired after a traffic accident. Even if the vehicle has been repaired, its market value may decrease due to its accident record.
When calculating the loss of value, the vehicle's age, mileage, damage history, repaired parts and defect rate are taken into account. If the insurance company makes underpayment, a lawsuit or arbitration process may arise.
Work Accident Compensation
If physical damage or death occurs due to a work accident, material and moral compensation may be claimed. Whether the employer takes occupational health and safety measures is the main evaluation issue in these cases.
In work accident cases, SSI records, hospital reports, occupational safety documents, witness statements, defect report and disability report are important. Fault rate and incapacity directly affect the compensation calculation.
Medical Malpractice Compensation
Medical malpractice is when the patient suffers harm due to the doctor or healthcare institution acting contrary to medical standards. Incorrect diagnosis, late diagnosis, incorrect treatment, surgical error or incomplete information may be subject to a compensation claim.
In these cases, the patient file, epicrisis report, surgery notes, consent forms, examination results and expert reports are important. The legal path to be followed may be different between public and private hospitals.
Compensation Due to Divorce
In divorce cases, material and moral compensation may be requested. The spouse who is at fault or less at fault in the events that led to the divorce may request compensation from the other spouse, if the conditions are met.
Deception, violence, insult, economic pressure, behavior that violates trust or violation of personal rights may be important in compensation claims. The court evaluates the fault of the parties and the gravity of the events.
Compensation Based on Rent and Real Estate
If the tenant damages the property, unfair occupation of the property, late eviction, loss of rental income or damage occurs due to neighboring construction, compensation may be requested. In such cases, the condition of the property and the extent of the damage are important.
Photographs, videos, delivery minutes, rental agreements, damage assessment reports, invoices and expert examinations are frequently used in these files. Due to the high real estate values in Istanbul, rental and real estate-related compensation claims may reach significant levels.
Compensation Against the Insurance Company
If the insurance company does not pay or underpays the damage covered by the policy, a claim for compensation may arise. Traffic insurance, automobile insurance, home insurance, workplace insurance and professional liability insurance can be evaluated within this scope.
In insurance disputes, the policy, coverage limit, damage file, expert report, application documents and insurance company response are important. In some cases, the Insurance Arbitration Commission may be preferred instead of litigation.
Compensation Due to Violation of Personal Rights
Insult, slander, violation of privacy, derogatory sharing on social media or unlawful sharing of personal data may be subject to a claim for non-pecuniary damages.
In such cases, the content of the post, its distribution area, its impact on the person's reputation and the severity of the violation are evaluated. Screenshot, URL, date-time information, witness statement and notary identification can be used as evidence.
Compensation for Loss of Support
Compensation for loss of support is a type of financial compensation that can be requested by people who lose their support due to death. It may come to the fore when death occurs as a result of a traffic accident, work accident, doctor's error or tort.
In this compensation calculation, the deceased's income, age, supported persons, support period and fault rate are taken into account. The calculation is usually made by expert or actuarial review.
Permanent Work Disability Compensation
Permanent disability compensation is requested if the person permanently loses his ability to work due to an accident, work accident, doctor's error or tort. This loss relates to loss of future earnings.
Disability rate, age, occupation, income level and fault rate are important in calculating. The medical board report and actuarial calculation play a decisive role in these files.
Temporary Disability Compensation
Temporary disability compensation is intended to cover the loss of income a person suffers due to his or her inability to work during the recovery period. This damage is calculated according to the treatment and rest period.
Hospital records, sickness reports, income documents and SSI records are important in a temporary disability request. The income loss of a worker or freelancer can be calculated using different methods.
Caregiver Expense Compensation
If the person injured physically needs temporary or permanent care, caregiver expenses may be claimed. This harm occurs when the person cannot sustain his daily life alone.
Health reports, documents showing the need for care and expert evaluation are important for caregiver expenses. Even if family members provide care, caregiver expenses may be claimed in some cases.
Fault in Compensation Case
Fault is an important element in determining liability for damages. Intentional or negligent behavior of the person causing the damage may be considered a fault.
In some cases, the injured person may also be at fault. If the injured party is at fault, the compensation amount can be reduced.
What is the Causal Link?
Causation is the cause-effect relationship between the damage and the unlawful act. In order for a person to be held responsible, the damage must have occurred due to his or her act.
If a connection cannot be established between the damage and the act, liability for compensation may not arise. For this reason, the way the incident occurred and the source of the damage should be clearly stated in the case file.
Proof in Compensation Case
In a compensation case, the injured person is obliged to prove his damage and claims. According to Article 50 of the Turkish Code of Obligations, the injured party is under the burden of proving the damage and the fault of the person causing the damage.
Written documents, witness statements, camera recordings, medical reports, invoices, expert reports, expert examinations and digital evidence can be used for proof. Evidence must be obtained lawfully.
Evidence in Compensation Cases
In compensation cases, evidence is used to reveal the existence, amount and liability of damage. The complete collection of evidence directly affects the outcome of the case.
| Type of Evidence | Area of Use |
|---|---|
| Invoice and receipt | It is used to prove material damages. |
| hospital reports | It shows the physical damage and the treatment process. |
| Accident report | Provides fault assessment in traffic accidents. |
| Witness statements | It can explain how the event occurred. |
| camera recordings | It can help prove the accident or incident. |
| expert report | It is important in the calculation of defects and damages. |
| Expert report | It is used for vehicle, real estate or insurance damages. |
| Bank records | Payment is important in income and loss accounts. |
| Social media records | It can be used in violations of personal rights. |
| Contracts and correspondence | It is important in cases of breach of contract. |
Expert Report in Compensation Case
In compensation cases, an expert report may be obtained for damage calculation, fault rate or technical evaluation. Expert reports are frequently used in traffic accidents, work accidents, loss of value, malpractice, loss of rent and commercial damage files.
If the expert report is prepared incorrectly or incompletely, the report must be objected within the time limit. The documents on which the report is based and whether the calculation has been made correctly should be carefully examined.
Mediation in Compensation Case
In some compensation cases, it may be mandatory to consult a mediator before filing a lawsuit. Employee-employer disputes, commercial compensation claims, consumer disputes and some claims arising from the rental relationship may be within the scope of mediation.
However, mediation is not mandatory in every compensation case. For example, mediation is not a requirement for material and moral compensation cases arising from work accidents and occupational diseases.
In which court is the compensation case filed?
The court where the compensation lawsuit will be filed varies depending on the source of the damage. Claims arising from tort, contract, work accident, traffic accident, consumer transaction, commercial dispute or family law may be heard in different courts.
Civil court of first instance, labor court, family court, consumer court, commercial court of first instance or administrative court may have jurisdiction depending on the concrete case. Filing a lawsuit in the wrong court may cause the process to take longer.
How Long Does a Compensation Case Take?
The duration of the compensation case varies depending on the intensity of the court, collection of evidence, expert reports, hearing of witnesses and the technical nature of the file. Simple files can be completed in less time.
The process may be longer in cases that require calculations, such as traffic accidents, work accidents, doctor's errors and lack of support. Court density in Istanbul may also affect the duration of the case.
Statute of Limitations in Compensation Case
The statute of limitations in compensation cases varies depending on the basis of the claim. Different periods may apply for claims arising from tort, contract, traffic accident, work accident, divorce or administrative liability.
Article 72 of the Turkish Code of Obligations contains the general statute of limitations for compensation claims arising from tort. However, since there are different periods in some special laws, a separate evaluation should be made for each file.
How is the Amount of Compensation Determined?
The amount of compensation is determined by the type and extent of damage. In material compensation, documents, account reports, income status, fault rate and loss items are taken into consideration.
In non-pecuniary compensation, the severity of the incident, the fault of the parties, the impact experienced by the injured party and the criteria of equity are important. The requested amount must be compatible with the concrete incident.
Compensation Cases in Istanbul
Compensation cases in Istanbul; It is frequently seen due to traffic accidents, work accidents, health services, commercial disputes, rental relations, real estate damages and personal rights violations. The dense structure of the city makes rapid collection of evidence more important.
The courthouse and court where the lawsuit will be filed may vary depending on the type of incident, the address of the parties and the legal relationship. Istanbul Courthouse, Istanbul Anatolian Courthouse and Bakırköy Courthouse are the most common jurisdictions in compensation cases.
The Importance of Working with a Compensation Lawyer
Compensation cases are cases that need to be prepared carefully in terms of damage calculation and proof. Missing documents, wrong case type, incorrect amount or statute of limitations error may lead to loss of rights.
Lawyer support is important in terms of accurate calculation of damage, collection of evidence, evaluation of mediation and case conditions, objection to expert reports and carrying out the post-decision collection process.
Legal Support from Attorney Mehmet Emin Kurşun
Compensation law is a broad field covering different types of cases and technical calculations. Traffic accident, work accident, doctor's error, insurance dispute, personal rights violation, loss of rent and commercial damage files should be evaluated separately.
Attorney Mehmet Emin Kurşun provides legal support in financial compensation, non-pecuniary compensation, traffic accident compensation, work accident compensation, medical malpractice, insurance compensation, loss of support, loss of value and tort cases in Istanbul.
Things to Know Before Starting the Legal Process
Before claiming compensation, the type of damage, those responsible, the evidence, the statute of limitations and the competent court must be determined. Some cases may contain prerequisites before filing a lawsuit, such as mediation or applying to the insurance company.
For people who are considering filing a compensation lawsuit in Istanbul, receiving a legal evaluation at the beginning of the process reduces the risk of loss of rights. Properly prepared litigation strategy helps claim damages more effectively.
Frequently Asked Questions
What is compensation law?
Compensation law is the field of law that regulates the compensation of damages caused by unlawful acts, breach of contract, accident, negligence or violation of personal rights.
What is a compensation case?
A compensation lawsuit is a lawsuit filed to claim the material or moral damage suffered by the injured person from the responsible person.
What is financial compensation?
Financial compensation aims to compensate for the economic loss incurred in the person's assets. Medical expenses, loss of earnings, vehicle damage and incapacity damage are examples of this.
What is moral compensation?
Non-pecuniary damage is the compensation requested due to the pain, sadness, psychological wear or violation of personal rights experienced by a person.
Is damage necessary to file a compensation lawsuit?
Yes. To claim compensation, there must be material or moral damage. If damage cannot be proven, the claim may be denied.
Is fault important in a compensation case?
Yes. In many compensation cases, the fault of the person causing the damage is important. However, in some special cases of liability, fault may not be sought.
What evidence is used in a compensation case?
Invoices, hospital reports, accident reports, witnesses, camera records, expert reports, contracts, bank records and digital evidence can be used.
Is mediation mandatory in a compensation case?
It is not mandatory in every compensation case. Mediation may be a condition of litigation in some business, commercial, consumer or rental-related compensation claims.
How long does a compensation case take?
The duration of the case varies depending on the intensity of the court, evidence, expert reports and the nature of the file. Each file is evaluated separately.
Why is compensation law lawyer support important in Istanbul?
Compensation files in Istanbul may involve intense court processes and technical evidence. Legal support helps to calculate the damage correctly and reduce the risk of loss of rights.
