Compensation Law

In our work in this field, the provisions of the relevant special statutes, foremost among them the Turkish Code of Obligations No. 6098, the insurance legislation, and current judicial practice are taken into account. Each compensation claim is assessed in terms of the loss, fault, causal link, type of liability, statute of limitations period, and the heads of compensation that may be claimed, according to the specific circumstances of the concrete case.

Within the scope of compensation law, the assessment of claims for pecuniary and non-pecuniary compensation arising from tort, the conduct of pre-litigation application procedures, and, where necessary, the filing of an action are among our services. The type and extent of the loss, the connection between the event causing the loss and the loss itself, and the legal position of those responsible form the foundation of this process.

In disputes arising from traffic accidents, claims such as bodily injury, temporary and permanent incapacity to work, loss of financial support, vehicle diminished value, loss of use of the vehicle, and treatment expenses may be assessed. In these proceedings, accident report records, fault ratios, medical reports, disability reports, insurance policies, and payment records are examined together.

In compensation claims connected to occupational accidents and occupational diseases, the manner in which the event occurred, the employer's occupational health and safety obligations, the state of fault, the disability ratio, and the extent of the loss are of importance. In such files, in addition to pecuniary compensation, claims for non-pecuniary compensation may also arise depending on the nature of the event.

In compensation claims arising from allegations of medical malpractice, the nature of the medical intervention, the informed consent process, treatment records, the distinction between complication and fault, and the connection of the loss to the medical intervention are carefully assessed.

Claims for pecuniary and non-pecuniary compensation asserted on grounds such as losses arising from breach of contract, violation of personal rights, wrongful complaint, wrongful attachment, wrongful interim injunction, and harm to commercial reputation are also within our field of practice.

Among the most frequently encountered disputes in compensation law are bodily injuries arising from traffic accidents, vehicle diminished value, compensation for loss of financial support, claims for pecuniary and non-pecuniary compensation connected to occupational accidents, and applications made against insurance companies.

In files relating to traffic accidents, the fault ratio, the disability ratio, the age, income, and employment status of the injured party, the support relationship, and the insurance coverage limits play a determinative role in the calculation of compensation. For this reason, the file must be assessed not solely on the basis of the accident report, but together with medical documents, income records, expert witness reports, and insurance documentation.

In compensation for loss of financial support, the situation of the persons who benefited from the support of the deceased, the duration of the support, the income situation, and the manner in which the event occurred are examined. In bodily injury cases, heads such as temporary incapacity to work, permanent incapacity to work, caregiver expenses, treatment expenses, and the impairment of one's economic future may be assessed within the scope of the concrete file.

In claims for non-pecuniary compensation, the gravity of the event, the state of fault of the parties, the effect the loss has had on the person, and the criteria of equity are taken into account. The purpose of non-pecuniary compensation is to contribute to redressing, to a certain extent, the grief and sorrow experienced by the person who has suffered the loss.

In compensation disputes, the correct determination of the statute of limitations periods, the start date of interest, the competent court, and the available avenues of application is of great importance for the prevention of loss of rights.

The compensation law process begins, first of all, with the examination of the event causing the loss and the documents at hand. The legal situation is determined by assessing accident reports, medical reports, discharge records, disability reports, insurance policies, payment documents, photographs, witness information, workplace records, and other relevant evidence.

At the initial assessment stage, the heads of compensation that may be claimed, the responsible persons or institutions, the scope of insurance coverage, the application requirements, the statute of limitations periods, and the legal risks that may be encountered in the event an action is filed are conveyed to the client.

Prior to litigation, where necessary, an application is made to the insurance company, the responsible party, the relevant institution, or the administration. In traffic accidents and certain disputes within the scope of insurance, an application to the insurance company and, where appropriate, the process before the Insurance Arbitration Commission may be assessed.

In situations where a result cannot be obtained through application or where filing an action directly is necessary, a compensation action is filed before the competent and authorized court. During the proceedings, fault reports, disability reports, actuarial calculations, expert witness examinations, and the statements of the parties are carefully followed.

In each file, the aim is to establish the extent of the loss through concrete evidence, to correctly determine the heads of compensation that may be claimed, and to conduct the process in such a way that the client does not suffer a loss of rights. The client is regularly informed about the application, negotiation, litigation, and collection stages.