Compensation Lawyer

Compensation lawsuits cover legal processes and claims aimed at legally remedying the pecuniary or non-pecuniary damages suffered by an individual or a company. Different legal remedies may come into play to compensate for damages arising from a traffic accident, work accident, death or injury, tort, breach of contract, or another unlawful act.

A compensation lawyer, is an attorney who evaluates the legal nature of the damage incurred, determines liability, manages the legal process regarding the calculation of pecuniary and non-pecuniary damages, and pursues the necessary lawsuits or applications.

Based in Istanbul Beylikdüzü, As Batın Yılmaz Law Firm; Beylikdüzü, Esenyurt, Büyükçekmece, Avcılar, and Küçükçekmece We provide legal consultancy and advocacy services for disputes arising within the scope of compensation law in the regions and throughout Istanbul. We follow up the legal processes aimed at resolving pecuniary and non-pecuniary compensation claims arising from traffic accidents, compensation due to death and injury, compensation claims arising from work accidents, compensation for deprivation of support, and damages originating from other torts.

What Does a Compensation Lawyer Do?

In compensation lawsuits, it must first be determined which event caused the damage and who is legally required to cover it.

The duties of a compensation lawyer may vary depending on the nature of the specific case.

The primary legal services are as follows:

• Legal evaluation of pecuniary and non-pecuniary damages,
• Examination of liability and fault status,
• Determination of the legal basis for the compensation claim,
• Ascertainment of the scope of the damage,
• Monitoring of studies related to the calculation of pecuniary damages,
• Preparation of the non-pecuniary compensation claim,
• Pursuit of compensation claims arising from traffic accidents,
• Evaluation of compensation claims due to injury,
• Pursuit of compensation claims due to death,
• Evaluation of claims for compensation for deprivation of support,
• Pursuit of compensation lawsuits arising from work accidents,
• Legal evaluation of disability and incapacity for work,
• Evaluation of vehicle depreciation claims,
• Preparation of applications to insurance companies,
• Filing lawsuits when necessary,
• Review of expert reports and preparation of objections,
• Evaluation of fault reports,
• Following up on hearings,
• Preparation of appeals to the regional courts of appeal (İstinaf) and, when conditions are met, to the Court of Cassation (Temyiz),
• Managing the processes related to the collection of the compensation award through enforcement proceedings.

What is a Compensation Lawsuit?

Compensation lawsuit, is a lawsuit filed to remedy pecuniary or non-pecuniary damages arising from an unlawful event or conduct.

The same legal conditions are not required for each incident to give rise to compensation liability. Depending on the source of the damage, tort, breach of contract, work accident, traffic accident, or another legal relationship may be at issue.

Therefore, before filing a compensation lawsuit;

• how the damage occurred,
• who the liable party is,
• fault status,
• the amount of damage,
• existing evidence,
• statute of limitations,
• if any, the insurance relationship

such elements must be evaluated together.

Under What Circumstances Can Compensation Be Claimed?

Events that may give rise to a compensation claim are quite broad.

Depending on the specific circumstances of the case;

• traffic accidents,
• work accidents,
• death and injuries,
• torts,
• breach of contract,
• property damage,
• violations of personal rights,
• damages arising from healthcare services,
• consumer disputes,
• damages arising from lease or real estate relationships,
• damages arising from insurance relationships

and in many other cases, claims for compensation may arise.

However, the mere occurrence of an event does not automatically mean that a right to compensation arises in every case. The legal conditions of liability and the damages must be concretely established.

What is Pecuniary Damages?

Pecuniary compensation, is a type of compensation aimed at remedying the economic loss suffered by a person.

Pecuniary damage;

• medical expenses,
• loss of earning capacity,
• loss of earnings,
• vehicle or property damage,
• care expenses,
• impairment of economic future,
• loss of support in the event of death

may manifest in various forms.

Which items of damages may be claimed vary depending on the nature of the incident.

In the calculation of pecuniary damages, the injured party's age, income, employment status, disability rate, fault allocation, and other specific circumstances of the incident may be taken into account.

What is Non-Pecuniary Damages?

Non-pecuniary damagesis a legal claim aimed at remedying the non-pecuniary damage suffered by an individual due to an unlawful act directed against their personal values or bodily integrity.

A claim for non-pecuniary damages may particularly arise in cases of severe injury, death, attacks on personal rights, or incidents causing profound emotional consequences in a person's life.

When determining the amount of non-pecuniary damages, factors such as the nature of the harm, the gravity of the incident, the social and economic status of the parties, and other specific circumstances of the case may be taken into consideration.

Traffic Accident Compensation

Traffic accidents are among the most frequent occurrences giving rise to claims for pecuniary and non-pecuniary damages.

As a result of a traffic accident;

• vehicle damage,
• vehicle depreciation (loss of market value),
• medical expenses,
• loss of earning capacity,
• permanent or temporary disability,
• care expenses,
• pecuniary and non-pecuniary damages resulting from injury,
• loss of support in the event of death

and similar distinct categories of damages may arise.

In determining the right to compensation, numerous elements are evaluated, such as the manner in which the accident occurred, fault allocation rates, the nature of the injury, insurance policies, and the economic status of the injured party.

Vehicle Depreciation Loss in Traffic Accidents

The repair of a vehicle following a traffic accident may cause a difference between the vehicle's pre-accident market value and its post-accident value.

This difference, provided that the necessary conditions are met, can be claimed under vehicle depreciation (diminished value).

In determining the diminished value, factors such as the vehicle's age, mileage, make and model, nature of the damage, replaced or repaired parts, and the vehicle's past damage history may be significant.

Vehicle depreciation and other compensation items must be distinguished from one another, and each item of damage must be evaluated within its own legal requirements.

Compensation for Injury Caused by Traffic Accident

Economic and non-economic damages may arise during or after the treatment process of a person injured in a traffic accident.

Depending on the specific circumstances of the case;

• medical expenses,
• temporary incapacity,
• permanent incapacity,
• care expenses,
• loss of earning capacity,
• impairment of economic future,
• non-economic damage (moral damages)

and similar items may be brought into question.

The impact of the injury on the calculation of compensation is evaluated based on medical reports and other evidence.

Compensation for Death Caused by Traffic Accident

In the event that a traffic accident results in death, various compensation claims may arise for the relatives of the deceased.

Among these;

• compensation for deprivation of support,
• funeral and burial expenses,
• non-pecuniary damages when the conditions are met

such claims may be raised.

In claims for compensation for deprivation of support, the income and age of the deceased, the support relationship, the status of the beneficiaries, and other economic data may be of importance.

Compensation for Deprivation of Support

Compensation for deprivation of supportaims to compensate for the economic loss suffered by persons who are deprived of the financial support of an individual due to their death.

Various factors such as the income and age of the deceased, employment status, nature of the support relationship, status of the beneficiaries, and life expectancy may be taken into account in determining this compensation.

Compensation for deprivation of support is not evaluated solely based on the status of being an heir. What matters is whether there is a de facto or regular support relationship in the specific case and whether the legal conditions are met.

Compensation for Work-Related Accident

As a result of a work accident, compensation claims may arise due to the bodily harm suffered by employees or the damages suffered by their relatives in the event of death.

In work accident compensation;

• the fault of the employer,
• the employee's fault,
• the manner in which the accident occurred,
• the disability rate,
• the income status,
• loss of earning capacity,
• medical expenses,
• the dependency relationship in case of death

such elements are evaluated.

The investigation of a work accident by the SGK does not mean that all issues under tort and damages law are automatically resolved. The legal liability of the employer and other responsible parties must be evaluated separately.

Compensation Arising from Tort

In the event that a person causes harm to another through unlawful conduct, liability for tort may arise, provided that the conditions stipulated by law are met.

Due to tort;

• pecuniary damage,
• non-pecuniary damage,
• bodily harm,
• damage to property

different types of damages may arise, such as.

In tort liability, elements such as unlawfulness, damage, fault, and adequate causation must be evaluated based on the specific circumstances of the case.

Compensation Arising from Breach of Contract

If the opposing party suffers damage as a result of one of the parties failing to perform its contractual obligation entirely or properly, compensation may be claimed, provided that the legal conditions are met.

Elements such as the content of the contract, the obligations of the parties, the nature of the breach, the damage, and the fault of the parties may play an important role in evaluating liability for damages.

Particularly regarding the compensation of damages arising from commercial contracts, the contractual provisions and relevant legislation must be evaluated together.

Compensation for Disability and Loss of Working Capacity

Economic loss may occur if a person's earning capacity is temporarily or permanently reduced as a result of an accident or another incident.

In cases of disability and incapacity for work;

• medical reports,
• the disability rate,
• the person's age,
• income,
• occupation,
• working capacity,
• fault rate

such elements may be significant in the calculation of compensation.

Therefore, rather than making an assessment solely based on the rate stated in the report, the legal and medical nature of the report must be examined in terms of the specific case.

Fault Rate in Compensation Lawsuits

The fault rate is a significant element, particularly in compensation disputes arising from events such as traffic accidents and work accidents.

If more than one person has an impact on the occurrence of the accident, the fault status of the parties may be evaluated separately.

The fault rate can be determined based on;

• accident report,
• expert report,
• expert examinations,
• witness statements,
• camera footage,
• other evidence of the incident.

üzerinden belirlenebilir.

Since an erroneous determination of the fault ratio can directly affect the compensation amount, it is important that fault reports are carefully examined from a legal perspective.

How is the Compensation Amount Determined?

The amount of compensation is not determined in the same manner in every file.

While items of pecuniary damage are evaluated individually in pecuniary compensation, elements such as the severity of the incident and the moral suffering experienced by the individual may be taken into account in non-pecuniary compensation.

Particularly in cases of bodily injury or death, the calculation of compensation may involve;

• age,
• income,
• fault ratio,
• the disability rate,
• working period,
• dependency relationship,
• life expectancy,
• economic conditions

many variables such as these.

Therefore, general compensation calculation tools or sample figures available on the internet should not be considered definitive results for a specific case.

Evidence in Compensation Lawsuits

The evidence that can be used in compensation lawsuits varies depending on the nature of the incident.

In the specific case;

• accident report forms,
• police or gendarmerie records,
• medical reports,
• hospital records,
• SGK records,
• income documents,
• workplace records,
• expert witness reports,
• witness statements,
• photograph and camera recordings,
• vehicle damage records,
• insurance policies,
• contracts,
• payment documents

such evidence may be of significance.

Timely collection of evidence and its submission to the case file in accordance with the law is one of the factors that can affect the outcome of a compensation lawsuit.

How to File a Compensation Lawsuit

Before filing a compensation lawsuit, the source of the damage and the legal basis of liability must first be determined.

Generally, the process proceeds as follows:

1. Legal evaluation of the incident

How the damage occurred and who is responsible are determined.

2. Determination of damages

The scope of pecuniary and non-pecuniary damages is evaluated.

3. Gathering of evidence

Medical records, documents, reports, contracts, and other evidence are examined.

4. Evaluation of insurance claims, if any

It is examined whether there is a mandatory application requirement to the insurance company or another preliminary application mechanism in the specific case.

5. Lawsuits or other legal applications

If the necessary conditions are met, a lawsuit is filed or the relevant legal process is initiated.

6. Expert witness and report process

An expert review may be required regarding fault, damages, or compensation calculations.

7. Judgment and legal remedies

An appeal may be filed against the court decision if the conditions are met, and further appeal to the Supreme Court may be pursued if legally permitted.

Which Court Has Jurisdiction in Compensation Lawsuits?

The court with jurisdiction in a compensation lawsuit varies depending on the origin of the dispute.

Certain compensation lawsuits arising from torts in Courts of First Instance, while certain compensation lawsuits arising from commercial disputes, pursuant to statutory requirements, in Commercial Courts of First Instance may be observed.

The court with jurisdiction in compensation lawsuits arising from work-related accidents may differ. Furthermore, different jurisdictional rules may apply to disputes arising from consumer transactions or special statutes.

Therefore, before filing a compensation lawsuit, the legal nature of the dispute must be determined, and the competent court must be identified accordingly.

The venue (court with territorial jurisdiction) can also be determined by taking into account the place where the incident occurred, the defendant's place of residence, and relevant special venue rules.

How Long Does a Compensation Lawsuit Take?

The duration of compensation lawsuits may vary significantly depending on the nature of the case file.

In particular;

• fault assessment,
• medical reports,
• disability evaluation,
• actuarial calculation,
• expert witness reports,
• hearing of witnesses,
• joinder of insurance companies to the case,
• objections of the parties,
• appeal or cassation applications

may affect the duration of the lawsuit.

Therefore, it is not possible to provide a definitive timeframe for every compensation lawsuit.

Statute of Limitations in Compensation Lawsuits

In compensation claims, statute of limitations periods, may vary depending on the source of the damage and the legal nature of the incident.

Different provisions regarding the statute of limitations may apply, particularly in terms of damages arising from traffic accidents, work accidents, torts, breach of contract, and death or injury.

In certain cases, the effect of longer statute of limitations periods under criminal law on the civil lawsuit must also be evaluated separately.

Therefore, it is important for individuals entitled to compensation to evaluate their legal status before the statute of limitations expires.

Can Compensation Be Claimed from the Insurance Company?

If certain damages are covered by insurance, claims for compensation against the insurance company may be raised directly or within the framework of relevant legal conditions.

Particularly in traffic accidents, the liability of the insurance company may arise within the scope of compulsory motor third-party liability insurance.

However, the scope of the insurance company's liability depends on:

• the type of policy,
• the scope of coverage,
• the date of the accident,
• the type of damage,
• fault status,
• policy limit,
• relevant legislation

is determined based on such factors.

Therefore, it must be additionally evaluated whether the payment made or the offer presented by the insurance company covers the entire damage.

Is It Mandatory to Hire a Compensation Lawyer?

Generally, it is not mandatory to retain a lawyer to file a compensation lawsuit or to be a party to the lawsuit.

However, in compensation lawsuits, technical issues such as fault, damage, disability, actuarial calculation, statute of limitations, and evidence may need to be evaluated collectively.

Especially in high-amount compensation claims or complex cases such as death, severe injury, work accidents, and traffic accidents, obtaining legal support can help mitigate the risk of loss of rights.

How Much is the Compensation Lawyer Fee?

There is no single fixed fee for a compensation lawyer.

When determining the fee;

• the amount of the compensation claim,
• the nature of the dispute,
• the scope of the case,
• the state of the evidence,
• expert witness and report procedures,
• estimated workload of the litigation process,
• other legal procedures that need to be followed

such elements may be taken into consideration.

In determining the attorney's fee, the currently effective Union of Turkish Bar Associations Minimum Wage Tariff and relevant legislation are also taken into consideration.

Therefore, it is not accurate to determine a compensation lawyer's fee based on a single figure without reviewing the specific case file.

For the current Minimum Wage Tariff, the relevant page of the Union of Turkish Bar Associations can be reviewed.

What to Consider When Choosing a Compensation Lawyer?

Compensation lawsuits may involve different areas of law and technical calculations.

Therefore, when choosing a lawyer;

• experience in compensation law,
• command of traffic and work accident files,
• ability to evaluate fault and disability reports,
• ability to legally examine actuarial calculations,
• ensuring the accurate collection of evidence,
• ability to monitor insurance processes,
• ability to manage litigation and expert witness proceedings,
• providing regular updates to the client

such elements may be of significance.

It is important not only to claim a high compensation amount, but also to accurately determine the heads of damage that are legally recoverable and supported by evidence.

Legal Consultancy with a Compensation Lawyer

Making the correct legal assessment at the initial stage following an accident or loss may be crucial in preventing potential loss of rights in the future.

In particular;

"What types of compensation can I claim in a traffic accident?"

"Does my fault percentage in the accident affect my compensation?"

"Can I receive compensation due to an injury?"

"What types of compensation can the relatives of a person who lost their life in a traffic accident claim?"

"How is compensation for deprivation of support calculated?"

"Can I claim compensation from the employer in a work-related accident?"

"Can compensation be recovered for vehicle depreciation?"

"Should I accept the amount offered by the insurance company?"

"What is the statute of limitations for a compensation lawsuit?"

vary depending on the specific circumstances of the incident.

Therefore, it is important to preserve existing documents immediately after the incident, obtain medical records, and evaluate the legal timeline.

Frequently Asked Questions

What is a compensation lawsuit?

A compensation lawsuit is a legal action aimed at covering the pecuniary or non-pecuniary damages suffered by an individual or company from the liable party or relevant institutions, provided that the legal conditions are met.

In what situations is a compensation lawsuit filed?

A compensation lawsuit may arise as a result of traffic accidents, work accidents, death, injury, torts, breach of contract, and various unlawful acts.

Can both pecuniary and non-pecuniary compensation be claimed in a compensation lawsuit?

Provided that the circumstances of the specific case and statutory conditions are met, claims for both pecuniary and non-pecuniary compensation may be asserted together.

Can a person injured in a traffic accident receive compensation?

Depending on the nature of the injury, fault status, resulting pecuniary loss, and other legal conditions, it may be possible to claim compensation.

Can the relatives of a person who died in a traffic accident receive compensation?

If the statutory conditions are met, claims such as compensation for deprivation of support and non-pecuniary damages may be asserted by the relatives of the deceased.

What is compensation for deprivation of support?

Compensation for deprivation of support is a type of compensation aimed at remedying the economic loss suffered by persons deprived of the financial support of the deceased.

Can compensation be obtained for a work accident?

Depending on the circumstances of the work accident, the liability of the employer and other parties, the fault status, and the damage incurred, claims for pecuniary and non-pecuniary damages may arise.

What is vehicle depreciation compensation?

The difference arising between the pre-accident value and the post-accident market value of a repaired vehicle as a result of a traffic accident, subject to statutory conditions, is referred to as vehicle depreciation compensation.

How is the amount of compensation calculated?

The calculation of compensation varies according to the type of damage. In cases of bodily injury and death, age, income, fault, disability, dependency relationship, and other economic data may be taken into account.

How long does a compensation lawsuit take?

The duration of a compensation lawsuit varies depending on the nature of the case, expert and medical reports, fault assessment, objections of the parties, and the court's workload.

Is it mandatory to hire a lawyer in a compensation lawsuit?

No. However, since compensation lawsuits require the simultaneous evaluation of many legal and technical issues, legal assistance can be beneficial, especially in complex and high-value cases.

Is there a statute of limitations for a compensation lawsuit?

Yes. There are limitation periods for compensation claims. The applicable period may vary depending on the source of the damage and the legal nature of the incident.

Can compensation be collected from an insurance company?

Provided that the relevant insurance coverage exists in the specific case and other legal conditions are met, compensation may be claimed from the insurance company.

Is the compensation amount offered by the insurance company final?

No. Whether the payment made or the offer presented by the insurance company covers the total damage can be evaluated separately.

How is the compensation lawyer's fee determined?

Attorney's fees may be determined based on the scope of the case, the amount claimed, the legal proceedings to be carried out, and other conditions. The current Minimum Wage Tariff of the Union of Turkish Bar Associations is also taken into account.

Should I consult a lawyer before filing a compensation lawsuit?

Especially in cases involving traffic accidents, workplace accidents, death, severe injury, or high amounts of pecuniary loss, it is important to obtain a legal evaluation before filing a lawsuit or application.

Legal Support in the Field of Compensation Law

In compensation disputes, merely establishing the occurrence of the incident is not sufficient. Determining the scope of the damage, establishing liability and fault, gathering evidence, evaluating statute of limitations periods, and accurately determining the categories of compensation that can be claimed .

Particularly regarding compensation for traffic accidents, workplace accidents, death, and injury, loss of support, vehicle depreciation, and other damages arising from torts, each may require distinct legal evaluations.

Batın Yılmaz Law Firm, based in Beylikdüzü, Istanbul Within the scope of compensation law, we provide consultancy and advocacy services in legal processes aimed at pecuniary and non-pecuniary compensation claims arising from traffic accidents, compensation due to injury and death, compensation for loss of support, compensation claims arising from workplace accidents, vehicle depreciation, and the redress of other damages stemming from torts.

You may contact us to have your compensation rights and legal standing evaluated.

Legal Disclaimer: The information on this page has been prepared for general informational purposes. The legal remedy, statute of limitations, liability status, and compensation amount applicable in compensation law may vary depending on the specific circumstances of the case, current legislation, and available evidence. General information found on the internet does not substitute for concrete legal advice or attorney services.