Compensation Law
Legal consultancy and case management in claims for pecuniary and non-pecuniary compensation and claims arising from traffic accidents and torts.
Compensation law governs the rules on remedying loss that a person suffers due to an unlawful act or a breach of contract. This field addresses the compensation of both material (pecuniary) and non-material (moral) damages arising from traffic accidents, occupational accidents, torts, and contractual relationships. The information below is general in nature and intended for informational purposes; each case must be assessed according to its own circumstances.
Scope of the Field
Compensation law aims to remedy the reduction in the injured party's assets (material compensation) and the violation of their personal rights (moral compensation). The tort provisions of the Turkish Code of Obligations form the foundation of this field. Commonly encountered matters include:
- Material and moral compensation claims arising from traffic accidents
- Loss-of-earning-capacity compensation due to occupational accidents and diseases
- Bodily injuries resulting from tortious acts
- Compensation for loss of support (deprivation of financial support)
- Remedying losses arising from breach of contract
How the Process Generally Works
Compensation claims, as a rule, begin with identifying the damage, the act, and the responsible party. The case is examined in terms of fault, causal link, and the amount of the loss. In traffic accidents, an application to the insurer, recourse to the Insurance Arbitration Commission where appropriate, and litigation may come into play. Depending on the subject of the dispute, alternative dispute resolution methods such as mediation may also be pursued. Expert examinations and actuarial reports are significant in calculating the loss.
Points to Pay Attention To
Limitation periods are decisive in compensation claims; missing these periods may result in loss of rights. It is important to gather evidence such as the accident report, medical reports, invoices and expense documents, and witness information in an orderly manner from the outset. Keeping a record of correspondence conducted with insurance companies and having any settlement offers evaluated from a legal standpoint is advisable. Since every situation is unique, an assessment specific to the concrete case is required.
How the Firm Assists
Our firm provides legal advisory and litigation services in the field of compensation law, including disputes arising from material and moral compensation, traffic accidents, and torts. The work is carried out within the framework of the legislation and judicial precedents, taking into account the particular circumstances of each file. Care is taken to keep clients informed at every stage of the process. You may contact our firm to have your legal situation assessed.
Frequently Asked Questions
What compensation may be claimed in a traffic accident?
Depending on the specific case, pecuniary losses (e.g., treatment expenses, loss of earnings) and, where the conditions are met, non-pecuniary compensation may be claimed. Claims are assessed according to the evidence and the degree of fault.
Is there a statute of limitations in a compensation case?
The limitation periods prescribed by law apply to claims arising from torts. Since the commencement and length of the period may vary depending on the case, it is important not to lose time.
Would you like to discuss a legal matter?
You can get in touch with us to have your case evaluated and to receive general information about the process.