Lawsuit for Pecuniary and Non-Pecuniary Damages
An action for material compensation is a type of legal action aimed at remedying the reduction in assets, namely material damages, caused by an unlawful act or transaction, whereas an action for non-material compensation aims to remedy the non-material damages caused by the sorrow, grief and distress experienced by an individual due to the same actions or transactions.
Lawsuits for pecuniary and non-pecuniary damages may be filed together as well as separately. All non-commercial compensation claims are filed in the civil courts of first instance, regardless of the amount of compensation claimed.
A compensation lawsuit filed by those who have suffered loss due to the actions and operations of the state, namely the administration, is called a “full remedy action”. The jurisdiction to hear a full remedy action is exercised by administrative judiciary bodies, which are tax courts or administrative courts.
On What Grounds Can a Lawsuit for Pecuniary and Non-Pecuniary Compensation Be Filed?
A claim for pecuniary and non-pecuniary compensation may be brought for the purpose of remedying any pecuniary or non-pecuniary loss suffered for any reason. Although compensation claims are generally brought on the grounds of a tort or breach of contract, they are brought on the basis of many different legal grounds. In general, the most frequently filed compensation claims are as follows:
- Claim for compensation for material and moral damages arising from a work accident
- Claim for material and moral compensation due to a traffic accident
- Claim for material and moral compensation due to breach of contract
- Compensation lawsuit for material and moral damages arising from the commission of a crime
- compensation claim arising from medical malpractice, that is, due to clinical negligence
- Action for pecuniary and non-pecuniary damages filed alongside the divorce case
- Action for material and moral compensation for copyright infringement
- Claim for damages for non-pecuniary loss due to an attack on personal rights via print or visual media or social media
Time Limit and Limitation Period for Filing a Compensation Lawsuit for Pecuniary and Non-Pecuniary Damages
The time limit for filing a claim for pecuniary and non-pecuniary damages varies depending on the cause of the compensation. The legal ground upon which the compensation claim is based also determines the time limit for filing the lawsuit.
- If the act forming the basis of the compensation lawsuit constitutes a crime (for example, death or injury resulting from a work accident, medical negligence, or a traffic accident), whatever limitation period is stipulated in the criminal code for that offence shall also be the limitation period for filing a pecuniary and non-pecuniary compensation lawsuit, even if a shorter limitation period is prescribed by law for that act.
- The limitation period for filing a lawsuit regarding torts is 2 years from the date on which the wrongful act and the perpetrator are discovered, and in any case 10 years even if the act and the perpetrator are discovered at a later date (Article 72/1 of the Code of Obligations).
- The time limit for filing a lawsuit for material and moral compensation as a result of a divorce case is 1 year from the finalisation of the divorce (Civil Code art. 178).
- In claims for damages to be filed due to breach of contract, the general limitation period is 10 years (Code of Obligations art. 146).
- The limitation period for pecuniary and non-pecuniary compensation lawsuits filed due to a traffic accident is 2 years from the date of the traffic accident and the identification of the person committing the act, and even if the act and the offender are learned later, it shall in any case be time-barred within 10 years (Article 109 of the Highway Traffic Law).
Who can file a lawsuit for pecuniary and non-pecuniary damages?
Regardless of the subject matter giving rise to the compensation claim, the person subjected to the act or transaction may file a lawsuit for material and moral compensation. For example, a victim injured in a traffic or work accident, a patient whose bodily integrity has been harmed due to medical malpractice, or spouses in a divorce case may file lawsuits for material and moral compensation.
If the reason for compensation is the death of a person due to an unlawful act, the relatives supported by the deceased may also file a pecuniary compensation lawsuit. The compensation awarded in pecuniary compensation lawsuits filed due to death is called “compensation for deprivation of support”.
Against Whom is a Claim for Pecuniary and Non-Pecuniary Damages Filed?
The pecuniary and non-pecuniary compensation lawsuit is filed against real or legal persons who have carried out the action or transaction causing death, injury or other material damage.
How and Where is a Case for Material and Moral Compensation Filed?
A claim for pecuniary and non-pecuniary damages can be brought in the Court of First Instance located at the place of residence of the defendant, which is the competent jurisdiction for all lawsuits, or, if the defendant is a legal entity (company, foundation, association, university, etc.), at the place where the headquarters of the legal entity is located.
What Are the Conditions for Claiming Non-Pecuniary Damages?
Damages for non-pecuniary loss are a type of compensation that only the person whose personal values have been attacked can claim. The personal rights that may be the subject of damages for non-pecuniary loss are as follows:
- A person's life
- The person's health
- The bodily integrity of the individual
- A person's psychological integrity
- Other physical, emotional and social personality values that cause a person to feel sadness or grief when interfered with
How is non-pecuniary damages calculated?
Under the law, there is no method that provides for the technical calculation of the amount of non-pecuniary damages. The amount of non-pecuniary damages is substantiated by evaluating certain criteria. The criteria that determine the amount of non-pecuniary damages are as follows (Code of Obligations art. 47):
- Characteristics of the concrete situation
- Financial positions of the parties
- The weight of the parties' faults in the incident
- The magnitude of the non-material damage caused
- The purchasing power of the money as of the date of the event
How is non-pecuniary damages calculated?
Compensation for pecuniary loss is determined through mathematical calculations based on certain criteria. The main elements determining the scope of compensation for pecuniary loss are as follows:
- Direct financial loss
- Apportionment of liability between the parties
- If there is a disability, the disability rate
How Long Does a Lawsuit for Material and Moral Compensation Take?
Compensation lawsuits consist of stages such as the submission of the parties' claims, the hearing of witnesses, the determination of the disability rate, the determination of fault, and the calculation of material damage. The court handling the compensation lawsuit evaluates the objections of the parties after making the necessary determinations at each stage. All these procedures and whether or not objections are raised to these procedures determine the duration of the compensation lawsuit. Compensation lawsuits are concluded in an average period of 1.5 to 2 years.