Compensation law concerns the redress of pecuniary and non-pecuniary damage suffered as a result of an unlawful act. As a rule, liability requires an unlawful act, damage, fault and a causal link to exist together; in certain cases provided for by law, fault is not required. Our firm acts in Ankara in compensation cases arising from traffic accidents, workplace accidents, medical malpractice and violations of personality rights.
Traffic accidents are the most common source of compensation disputes. The injured party's claims are not limited to material damage to the vehicle but also cover bodily injury and, in the event of death, compensation for loss of support. In actions against an insurance company, applying to the insurer before filing the action and awaiting the outcome is a mandatory precondition.
The second-hand market value of a vehicle damaged in an accident and repaired falls, however well the repair is carried out. This loss is calculated as the difference between the vehicle's undamaged value before the accident and its value after repair, and may be claimed from the party at fault or from the insurer. Compensation for diminished vehicle value is recognised in case law.
In accidents involving injury, the injured party may claim pecuniary compensation for medical expenses, loss of earnings and losses resulting from reduced capacity to work. The degree of permanent incapacity is determined by hospital reports, and compensation is calculated according to this rate. Non-pecuniary compensation may also be claimed for the pain and suffering endured.
In fatal incidents, persons who actually received support from the deceased may claim compensation for the loss of that support. In the case of the spouse, children and parents, the existence of support is presumed; other persons must prove that they received support. The calculation takes into account the deceased's income, age and remaining life expectancy.
Non-pecuniary compensation aims to redress harm to personal values. In determining the amount, the economic and social circumstances of the parties, the degree of fault and the seriousness of the incident are taken into account. The aim is not to enrich the claimant but to provide moral satisfaction.
Damage resulting from medical treatment not being carried out properly gives rise to liability for compensation. In these cases, compliance with medical standards, whether informed consent was obtained, and the distinction between a complication and fault are assessed through examination by a court-appointed expert.
Compensation claims arising from tort are subject to a short limitation period running from when the injured party learns of the damage and the person responsible, and a long limitation period running from the date of the act. If the act also constitutes a criminal offence, the criminal limitation period applies.
The employer is obliged to take all necessary measures to protect the employee's health. In accidents resulting from a breach of this obligation, the employee or their relatives may claim pecuniary and non-pecuniary compensation. Payments made by the Social Security Institution are deducted from the calculated compensation according to specific principles.
For claims covered by compulsory motor insurance, a written application must be made to the insurance company and the period prescribed by law must be awaited before filing an action. If the application is unsuccessful, the claimant may go to court or apply to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu). Arbitration is generally quicker, but the options for challenging the decision are limited.
If the injured party's own fault contributed to the occurrence or increase of the damage, the compensation awarded is reduced. Situations such as not wearing a seat belt or getting into a vehicle driven by an intoxicated driver are assessed in this context. A reduction may also be applied for persons carried free of charge as a courtesy.
A person whose personality rights have been harmed by publications in the press or on social media may request that the attack be stopped, that its unlawfulness be established and that non-pecuniary compensation be paid. The balance between freedom of expression and personality rights is struck using criteria such as whether the publication serves the public interest and whether it is current.
In cases of bodily injury, compensation is determined by a court-appointed expert according to current life tables and technical calculation principles. The calculation takes into account the injured party's income, degree of permanent incapacity, age and remaining life expectancy. Failure to object to the report within the time limit may result in an incorrect calculation becoming final.
The type of interest applicable to compensation claims and the date from which it runs vary depending on the source of the claim. Stating the interest claim clearly and with the correct start date in the statement of claim prevents losses that are difficult to remedy later.
