Compensation lawsuits are an important legal avenue provided to remedy the loss of rights and compensate for grievances. As Azel Law and Consultancy, with our experienced team in the field of compensation law at our Ankara office, we provide professional consultancy and effective representation services for your pecuniary and non-pecuniary compensation claims.
Our Legal Consultancy Services in Compensation Lawsuits
What is compensation law?
Compensation law is a branch of law that covers regulations concerning the reparation of damage between individuals and legal entities. This branch of law determines how the damage arising as a result of a tort, breach of contract or other unlawful acts will be compensated.
Compensation law is divided into two main categories:
- Financial Compensation: This is the type of compensation requested to cover losses incurred in assets. For example, the damage you suffered due to your car being damaged in a traffic accident.
- Compensation for Non-Material Damages: It is compensation requested to cover the psychological, emotional or social damage suffered by a person. For example, compensation claimed in the event of damage to your reputation due to slander.
Whilst unlawful acts committed by individuals form the basis of the claim, the subject matter of compensation for material damages is a person’s physical integrity, whereas the subject matter of compensation for non-material damages is a person’s mental integrity.
What is a Compensation Claim?
Compensation claim, are legal proceedings brought by an individual or an organisation against another party, seeking compensation for material or non-material damage caused to the victim. These proceedings generally arise from torts, breaches of contract or unlawful acts.
Claims for damages, Turkish Code of Obligations’and other related legal regulations. In such cases, the injured party must prove their damage and establish that the party causing the damage is at fault.
In which circumstances can a compensation lawsuit be filed?
Circumstances in which a claim for damages may be brought can generally be categorised as follows:
- Tort: An act by which one person causes harm to another, either intentionally or through negligence. For example, cases of physical violence or damage to property.
- Breach of contract: Damage arising as a result of a breach of contract between the parties. For example, a tenant causing significant damage to a rented property.
- Workplace Accidents: Accidents caused by a failure to take necessary safety measures in a workplace. For example, a worker being injured due to unsafe equipment.
- Road Accidents: Claims for compensation by people who have suffered harm in accidents caused by a negligent driver.
- Damage to Reputation: Defamation of a person's character by making false statements.
Our Services for Bringing Compensation Claims and Providing Legal Advice in Ankara
Azel Law and Consultancy, provides legal assistance through its lawyers registered with the Ankara Bar Association in managing the legal process, which involves determining the extent of the damage incurred, proving the liability of the party responsible, carrying out an actuarial calculation of the resulting loss, and accurately calculating the amount of material or non-material compensation to be claimed. The circumstances in which individuals have the right to claim compensation can be summarised under the following headings:
Claim for Material and Non-Material Damages Arising from a Road Traffic Accident
Property damage resulting from a road traffic accident vehicle depreciation, medical expenses, loss of earnings) and non-pecuniary damages (pain, suffering, emotional distress). The aim of such a claim is to compensate the victim for the harm suffered and to ensure justice is done. Both drivers and passengers have the right to bring such compensation claims.
Claim for Pecuniary and Non-Pecuniary Damages Arising from a Work Accident
Workplace accident This is a claim brought to seek compensation for the physical and psychological harm suffered by employees. Whilst compensation for material damages covers economic losses such as medical expenses, loss of earnings and disability, compensation for non-material damages aims to compensate for the pain, suffering and psychological effects caused by the accident. This claim may be brought on the grounds of a breach of health and safety regulations where the employer is at fault.
Medical Malpractice Cases (Compensation Claim Arising from Faulty Medical Practices)
Medical negligence claims are brought when patients suffer physical or psychological harm as a result of the wrongful or negligent conduct of healthcare professionals. In such cases, the patient has the right to claim financial compensation (medical expenses, loss of earnings) and non-pecuniary damages (pain and suffering, psychological effects) from the healthcare provider. The aim is to remedy the patient’s harm and to emphasise the duty of care in the provision of healthcare services.
Financial and Moral Compensation Lawsuits Filed Together with a Divorce Case
During the divorce process, one spouse can claim financial and non-pecuniary compensation against the other. Financial compensation covers economic losses suffered due to the divorce (for example, a decrease in income or losses arising from the termination of the property regime), while non-pecuniary compensation aims to compensate for the psychological damage caused by the events that led to the end of the marital union (for example, infidelity, humiliating behaviour). These claims are usually divorce proceedings is submitted to the court together with it.
Claims for Material and Non-Material Damages Arising from Torts
These are compensation lawsuits filed when a person causes harm to another as a result of an unlawful act (tort). While material compensation covers economic losses arising from the tort (for example, property damage, medical expenses, loss of income), moral compensation aims to compensate for the psychological damage caused by the act and the effects of the attack on personal rights. Such lawsuits are an important legal remedy for compensating the victim's losses and ensuring justice.
Lawsuits for Claims and Compensation Arising from Contracts
These are claims arising from a breach of a contract between the parties or a failure to comply with the terms of the contract. Claims for payment relate to rights arising from a contract (for example: wages, rent, delivery of goods, agent’s guarantee) whereas compensation claims aim to provide redress for material and non-material damages arising from a breach of contract. These claims emphasise the parties’ obligation to honour the contract and form the basis of contract law.
Claims for Debt and Damages Arising from Intellectual and Industrial Property Rights
These are lawsuits filed in the event of the infringement of intellectual and industrial property rights such as copyright, patents, trademarks, and designs. Debt claims aim to demand the right holder's financial losses or due fees (such as licence fees) resulting from the infringement. Compensation lawsuits, on the other hand, are filed to make amends for the damage caused to the right holder's reputation or moral rights, alongside the financial damages caused by the infringement. These lawsuits ensure the protection of intellectual property rights and the prevention of unlawful use.
Initiation of pecuniary and non-pecuniary compensation lawsuits arising from the violation of personal rights of real and legal persons, filing of criminal cases, and tracking and concluding the litigation process
Violations of personal rights (for example, damage to reputation, invasion of privacy, defamation or unfounded claims) can cause material and non-material damage to real and legal persons. In this case, victims may file a lawsuit for the compensation of their material damages (loss of income, economic losses) and non-material damages (psychological impacts, loss of reputation). Furthermore, in the event that the act also constitutes a crime criminal case can be filed. It is of great importance to monitor the process of such lawsuits to ensure justice and to bring violations to an end.
Filing a Lawsuit for Pecuniary and Non-Pecuniary Compensation on the Basis of Unjust Enrichment and Following Up and Concluding the Litigation Process
Unjust enrichment occurs when a person benefits from another person's assets without a justifiable reason. In such cases, the injured party can file a civil claim for damages to demand their economic loss. Furthermore, if the act of enrichment also harms the victim on a non-pecuniary level, a claim for non-pecuniary damages may also arise. These lawsuits aim to protect the rights of the parties and prevent unjust enrichment. Following and concluding the litigation process is important in terms of remedying the victim's loss.
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Frequently Asked Questions in Compensation Law
- Choice of Lawyer: Getting support from a lawyer specialising in compensation law is of critical importance for the successful conduct of the case.
- Preparing a Petition: A statement of claim including your claim for compensation and details of the damage is prepared.
- Application to the Court: An application is made to the competent court regarding the prepared petition.
- Submission of Evidence: Documents and witness statements supporting your loss and the cause of the loss are submitted to the court.
- Litigation Process: The court reaches a decision after examining the evidence presented and the defences put forward.
- Time Out: There is a specific limitation period for compensation claims. For torts, it is generally 2 years; if the incident constitutes a crime, it may be longer. In the case of a breach of contract, it is 10 years.
- Fault Percentage: The court determines the degree of fault of the parties, and the amount of compensation is calculated accordingly.
- Evidence Gathering: It is important to gather all necessary paperwork and evidence to document your loss.
In a claim for compensation, the burden of proof lies with the claimant. The claimant is obliged to prove that they have suffered loss and damage and that this loss and damage was caused by the defendant.
When calculating financial compensation, the following factors are generally taken into account:
- The nature and amount of the damage.
- Loss of earnings.
- Medical expenses.
- Degree of disablement (if any).
The duration of the lawsuit depends on the complexity of the case and the workload of the court. Generally 1-3 years can result in between.
In compensation law cases, solicitor's fees are influenced by many factors such as the type and scope of the case, and the solicitor's experience and area of expertise. You can contact us for legal services tailored to your needs and detailed pricing information.
You can get in touch with us for all your questions and needs regarding compensation law. Our expert solicitors will manage the process swiftly and effectively to prevent you from losing your rights.
