What is a Compensation Lawsuit?
Compensation lawsuit is a lawsuit filed to compensate for the material or moral damage suffered by a person as a result of an unlawful act or a breach of contract. A lawsuit for compensation can be filed within the framework of the Turkish Code of Obligations and other relevant legislation. Compensation lawsuits may arise in many different situations such as torts, breach of contract, occupational accidents, traffic accidents, doctor errors (malpractice), moral damages in divorce cases. Such lawsuits are of great importance to ensure that the damages suffered by individuals are compensated and to resolve their victimization through legal means.
Types of Compensation Lawsuits
Compensation cases are divided into different categories according to the type of damage that has occurred:
- Material Compensation Lawsuit: It is filed to compensate for the material damages suffered by the person. For example, damages caused by damage to the vehicle in a traffic accident.
- Moral Compensation Lawsuit: It is filed for compensation for the moral damages suffered by the person. For example, the compensation requested in the event that a person is psychologically harmed due to an insult.
- Compensation Case Due to Work Accident: A lawsuit filed by the employee against the employer as a result of accidents suffered at work.
- Compensation Lawsuit Due to Doctor Error (Malpractice): A lawsuit filed due to faulty medical intervention by a physician or health institution.
- Compensation Lawsuit Due to Divorce: Material and moral compensation lawsuits filed by one spouse against the other during the divorce process.
- Compensation Lawsuit for Wrongful Arrest and Detention: A lawsuit filed when a person is wrongfully detained or arrested.
- Compensation Lawsuit for Consumer Rights: A lawsuit filed by consumers who have suffered damage due to defective goods or services.
Such lawsuits are an important legal avenue for injured parties to seek justice, and provide compensation for damages and redress for victimization.
The Process of Filing a Compensation Lawsuit
The main steps to follow in order to file a claim for compensation are as follows:
- Determination of the Legal Basis: First of all, the legal ground on which the lawsuit will be based should be determined. There must be a tort, breach of contract or other legal ground.
- Collection of Evidence: It is necessary to collect evidence (witness statements, documents, reports, reports, photographs, etc.) supporting the claim for compensation.
- Determination of the Amount of Compensation: The amount of compensation to be claimed should be determined by calculating the material and moral damages. Expert reports may also be effective during this calculation.
- Application to the Competent Court: The compensation case is filed by applying to the competent court such as the Civil Court of First Instance, Labor Court or Consumer Court, depending on the type of the case.
- Preparation of the Statement of Claim: The plaintiff should prepare a petition for compensation and submit it to the court. The petition should explain in detail how the damage occurred and how it should be compensated.
- Monitoring the Court Process: During the court process, the hearing of witnesses, examination of expert reports and evaluation of other evidence should be followed. The parties seek their rights by making their defense in court.
- Enforcement of the Judgment: When the court awards compensation, enforcement proceedings may be initiated if the defendant fails to pay.
Things to Consider When Filing a Compensation Lawsuit
The following points should be taken into consideration before filing a lawsuit for compensation:
- Statute of Limitations: There is a specific statute of limitations for each compensation case. For example, the statute of limitations is usually 2 years for compensation lawsuits filed due to tort. However, in some cases, this period may be extended.
- Completeness of Evidence and Documents: Before filing a lawsuit, the injured person must collect the documents proving his/her claim in full. Incomplete evidence may cause loss of rights in court.
- Seeking Legal Assistance: Since compensation cases require legal knowledge, getting support from a lawyer can positively affect the course of the case. A lawyer who is an expert in his/her field will ensure that the process proceeds smoothly and results are obtained faster.
- The Financial Position of the Other Party: Even if the court awards compensation, it should also be taken into account whether the other party has the ability to pay. If the defendant is unable to pay, the enforcement process may also be on the agenda.
Compensation lawsuits are lawsuits filed for the compensation of damages caused by tort, breach of contract or other legal reasons. In this process, it is of great importance to present legal evidence in full and to pay attention to the statute of limitations. If you are planning to file a lawsuit for compensation in Istanbul, it would be beneficial to consult an expert lawyer to manage the process in a healthier way.
How is the Amount of Compensation Determined in Compensation Cases?
The amount of compensation depends on the nature and magnitude of the damage. Material damages are usually based on actual losses, while non-pecuniary damages are determined by the degree of moral injury and victimization caused to the person. Courts consider the following factors when determining the amount of compensation:
- Amount and extent of damage
- Fault rates of the parties
- The material and moral victimization of the plaintiff
- Expert reports and witness statements
- Financial situation of the defendant
The amount of compensation varies in each case and is determined by the court based on objective criteria.
Compensation lawsuits are an important legal process for victims to seek their rights. Compensation for damages is of great importance in terms of eliminating victimization and ensuring legal justice. Getting professional legal support in this process ensures that the process proceeds faster and more accurately. If you are considering filing a lawsuit for compensation, you can protect your rights in the best way possible by contacting an expert lawyer.
