Istanbul Compensation Lawyer

Istanbul compensation lawyer provides legal support in the process of resolving material and moral damages arising from reasons such as tort, contract violation, traffic accident, work accident, doctor's error, insult, injury or death. The purpose of compensation cases is to legally cover the loss suffered by the injured person.

Due to the population density, traffic, commercial relations, business life and intensive use of health services in Istanbul, compensation cases frequently come to the fore. Therefore, before filing a lawsuit, the type of damage, those responsible, the evidence and the statute of limitations should be carefully evaluated.

What is a Compensation Case?

A compensation lawsuit is a lawsuit filed to claim the material or moral damage suffered by a person from the responsible person. Damage; It may occur due to an accident, unlawful act, breach of contract or a criminal act.

In these cases, not only the existence of damage but also the connection between the event that caused the damage and the damage must be proven. For this reason, compensation cases must be prepared carefully in terms of evidence and calculations.

What Does an Istanbul Compensation Lawyer Do?

Istanbul compensation lawyer determines the legal nature of the incident, evaluates the evidence and determines the compensation items that can be requested. Pre-litigation warning, mediation, insurance application or direct litigation are planned according to the concrete incident.

During the litigation process, expert reports, fault rate, damage calculation, witness statements and opposing party defenses are followed. It is important to prepare the file correctly, as an incomplete request or incorrect calculation may result in loss of rights.

What is Financial Compensation?

Financial compensation is requested to compensate for the loss in the person's assets. Treatment expenses, vehicle damage, loss of earnings, incapacity damage, loss of support and maintenance expenses can be evaluated within the scope of financial compensation.

It is important to document the damage when calculating financial compensation. Invoices, hospital records, income statements, expert reports and expert calculations can affect the outcome of the case.

What is Non-Pecuniary Compensation?

Non-pecuniary damage is the compensation requested due to the pain, suffering, sadness, psychological wear or violation of personal rights experienced by a person. The purpose of non-pecuniary compensation is to compensate the non-pecuniary damage suffered by the injured party to some extent.

When determining the amount of non-pecuniary damages, the court takes into account the severity of the incident, the fault of the parties, the effect of the damage and the criteria of equity. For this reason, claims for non-pecuniary damages should be prepared according to the characteristics of the concrete case.

Difference Between Material and Non-Pecuniary Compensation

Material compensation and non-pecuniary damage may result from the same event; but their legal qualifications are different. Material compensation deals with economic losses, while non-pecuniary compensation deals with moral damage to personal values.

In what cases can a lawsuit for compensation be filed?

A compensation lawsuit can be filed in case of damage due to an illegal act or breach of contract. The type of damage and the source of liability also affect which court the case will be filed in.

Traffic accidents, work accidents, doctor's errors, torts, insults, injuries, contract violations, divorces, commercial disputes and property damages may be subject to compensation lawsuits.

Compensation Due to Traffic Accident

In traffic accidents, vehicle damage, loss of value, treatment expenses, disability damage and moral compensation may be claimed. In cases of fatal accidents, compensation for loss of support may also be on the agenda.

In these cases, the accident report, fault rate, insurance policy, hospital reports and expert examination are important. The application to the insurance company and the lawsuit process should be evaluated together.

Compensation Due to Work Accident

In compensation cases due to work accidents, it is examined whether the employer has taken occupational health and safety measures. If the worker suffers bodily harm or loses his life, material and moral compensation may be claimed.

SSI records, occupational safety documents, witness statements, hospital reports and defect reports are of great importance in work accident files. The employer's fault rate can directly affect the amount of compensation.

Compensation Due to Doctor's Error

A lawsuit for damages may be filed due to doctor's error or medical malpractice. In such files, claims of incorrect diagnosis, incorrect treatment, surgical error, incomplete information or negligence may be evaluated.

In medical compensation cases, the patient file, surgery notes, consent forms, expert reports and expert examination are decisive. Not every adverse medical outcome by itself gives rise to liability for compensation.

Compensation Due to Insult and Violation of Personal Rights

Insult, slander, violation of private life, attack on personal values ​​or humiliating posts on social media may be subject to a claim for non-pecuniary damages. In this case, the criminal investigation and the compensation case may proceed as separate processes.

It is important to preserve evidence quickly, especially in social media content. Share, screenshot, URL, date and user information can be considered as evidence in a compensation case.

Compensation for Breach of Contract

If one of the parties does not fulfill its contractual obligations, the other party may suffer losses. Damages arising from sales, rental, services, works, commercial contracts or consultancy agreements may be subject to a compensation lawsuit.

In such cases, the contract text, payment records, correspondence, notices and performance documents are important. The breach of contract and the damage must be clearly demonstrated.

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 agenda if 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 often made with an expert report.

Permanent Work Disability Compensation

If the person partially or completely loses his ability to work due to an accident or tort, permanent disability compensation may be claimed. This damage relates to the individual's loss of future earnings.

Disability rate, income status, age, profession and fault rate are important in calculating compensation. Medical board reports and actuarial calculations play a decisive role in these cases.

Vehicle Value Loss Compensation

Even if the vehicle is repaired after a traffic accident, its second-hand market value may decrease. This damage can be claimed as vehicle value loss compensation.

When calculating vehicle value loss, the vehicle's age, mileage, damage history, accident fault rate and repair records are taken into account. Insurance application and litigation process should be planned according to the characteristics of the file.

What Evidence is Used in a Compensation Case?

In compensation cases, evidence is of great importance in terms of proving damage and liability. Evidence varies depending on the type of incident.

What Should Be Done Before Filing a Compensation Case?

Before filing a lawsuit, the scope of the damage, those responsible and the evidence must be determined. Cases filed with missing documents may cause the process to be prolonged or the request to be rejected.

In some disputes, pre-litigation insurance application, notice or mediation may be mandatory. Therefore, the legal remedy should be chosen according to the nature of the concrete incident.

Is Mediation Mandatory in a Compensation Case?

Mediation is not mandatory in all compensation cases. However, in some areas such as employee-employer disputes, commercial cases, rent and consumer disputes, it may be necessary to consult a mediator before filing a lawsuit.

If a lawsuit is filed directly on an issue that requires mediation, the case may be rejected due to procedural reasons. For this reason, the type of dispute must be determined correctly before litigation.

In which court is the compensation case filed?

The court where the compensation lawsuit will be filed varies depending on the source of the dispute. Tort, contract, work accident, consumer transaction or commercial dispute may be subject to different jurisdictions.

Case in Istanbul; It can be opened in different courthouses depending on the scene of the incident, the defendant's residence, the place of execution of the contract or special jurisdiction rules. For this reason, it is important to determine the jurisdiction and competent court correctly.

Compensation Cases in Istanbul

Compensation cases in Istanbul; It can be heard at the Istanbul Courthouse, Anatolian Courthouse, Bakırköy Courthouse or other authorized jurisdictions. Which courthouse the file will be opened in depends on the nature of the incident and the situation of the parties.

Due to the city's dense traffic, trade, business and health services structure, the variety of evidence in compensation cases is high. For this reason, the process of compensation files in Istanbul must be planned correctly from the beginning.

How Long Does a Compensation Case Take?

Duration of the compensation case; It varies depending on the court's workload, expert reports, collection of evidence, whether witnesses will be heard, and the technical nature of the file. While simple files may take less time, files requiring experts and reports may take longer.

Calculation and fault reports affect the process, especially in cases of work accidents, traffic accidents, doctor's errors and lack of support. For this reason, the duration of the case should be evaluated differently in each file.

Statute of Limitations in Compensation Case

The statute of limitations in compensation cases varies depending on the source of the damage. Different periods may apply for acts that are the subject of tort, breach of contract, traffic accident, work accident or criminal case.

When the statute of limitations is missed, collection through litigation may become difficult, even if there is a justified demand. For this reason, when the damage is learned, a legal evaluation should be made without delay.

How is the Amount of Compensation Determined?

The amount of compensation is calculated based on the type of damage. Documents, income status, fault rate, treatment expenses and account reports are important in financial compensation.

In non-pecuniary damages, the gravity of the incident, the fault of the parties, the effect of the damage and the criteria of equity are taken into account. The court evaluates the requested amount according to the characteristics of the file.

Fault Rate in Compensation Case

The fault rate is one of the main factors that directly affects the amount of compensation. If the injured person is also at fault in the incident, the compensation amount may be reduced.

In traffic accident, work accident and tort files, the fault report is often prepared by an expert. Whether to object to this report should be evaluated on a case-by-case basis.

Legal Support from Attorney Mehmet Emin Kurşun

In compensation cases, it is of great importance to choose the right legal method, calculate the damage completely and present the evidence in a timely manner. Incomplete request, wrong court or statute of limitations error may lead to loss of rights.

Attorney Mehmet Emin Kurşun provides legal support in financial compensation, non-pecuniary damage, traffic accident, work accident, doctor's error, loss of support, loss of vehicle value and tort cases in Istanbul.

Things to Know Before Starting the Legal Process

Before filing a compensation lawsuit, the legal basis of the incident, those responsible, evidence, damage items and the statute of limitations should be evaluated together. Not every damage is subject to the same type of lawsuit.

For people who are considering filing a compensation lawsuit in Istanbul, receiving professional legal support at the beginning of the process reduces the risk of loss of rights. A properly prepared lawsuit helps claim damages more effectively.

Frequently Asked Questions

What does an Istanbul compensation lawyer do?

Istanbul compensation lawyer evaluates the evidence in material and moral compensation claims, carries out the litigation process and supports the claim of damages in accordance with the law.

What is a compensation case?

A compensation lawsuit is a lawsuit filed to claim the material or moral damage suffered by a person from the responsible person.

What is financial compensation?

Financial compensation aims to compensate for the economic loss incurred in the person's assets. Examples of these include medical expenses, loss of earnings, vehicle damage and loss of support.

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.

In which court is the compensation case filed?

The competent court varies depending on the type of dispute. Tort, work accident, consumer transaction, commercial dispute or breach of contract may be heard in different courts.

How long does a compensation case take?

The duration of the case varies depending on the intensity of the court, collection of evidence, expert reports and the nature of the file.

Is mediation mandatory in a compensation case?

Mediation is not mandatory in every compensation case. However, in business, commercial, consumer or rental disputes, mediation may be a requirement for litigation.

What compensation can be claimed in a traffic accident?

Vehicle damage, loss of value, treatment expenses, temporary or permanent disability damage, loss of support compensation and moral compensation may be claimed.

Can moral compensation be claimed in a work accident?

Yes. If physical damage or death occurs due to a work accident, non-pecuniary compensation may be claimed when the conditions are met.

What is the statute of limitations in a compensation case?

The statute of limitations varies depending on the type of incident. Different periods may apply for acts subject to tort, contract, traffic accident, work accident or criminal case.