Traffic accidents are a major problem affecting the lives of millions of people every year. Compensating the material and moral damages caused by these accidents is an important step for victims to obtain their rights. Traffic accident compensation lawsuits are lawsuits filed by the parties involved in the accident in order to compensate for the losses they have suffered. In big cities such as Istanbul, traffic accidents occur frequently due to heavy traffic and large vehicle parks, and compensation claims increase as a result of these accidents.
What is a Traffic Accident Compensation Lawsuit?
A traffic accident compensation case is the process by which a person who has suffered material or moral damage in a traffic accident claims compensation from the other party in order to compensate for his/her damages. These compensations are determined according to the responsibility between the parties to the accident and can be paid with guarantees from insurance companies. The traffic accident compensation lawsuit ensures the protection of the rights of the injured person and helps to eliminate victimization.
Which Damages Can Be Covered in Traffic Accident Compensation?
Damages arising from traffic accidents can be analyzed under two main headings: pecuniary and non-pecuniary:
Material Damages
Material damages cover the tangible value lost as a result of the accident. These damages may include:
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Vehicle damage: Repair or value of the vehicle damaged in the accident.
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Treatment costs: Hospital expenses, medication costs, etc. incurred during the treatment process of the person injured in the accident.
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Loss of earning capacity: The inability to work due to an accident. Loss of earning capacity due to an accident results in a loss of income, which can be compensated through compensation.
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Compensation for temporary or permanent disability: Compensation can be claimed in case of permanent effects of the accident, such as disability or loss of earning capacity.
Moral Damages
Moral damages are damages resulting from the psychological and emotional effects of the accident. These damages may include:
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Physical pain and suffering: The physical pain of the accident and its emotional impact.
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Psychological traumas: Mental problems such as fear, depression, anxiety disorders following an accident.
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Negative impact on family and social life: Psychological effects of the accident on family members.
Rather than a direct economic loss, moral compensation is a price paid to compensate for the mental and psychological damage suffered by the person.
Who Can Be a Party in a Traffic Accident Compensation Case?
The parties that can apply in traffic accident compensation cases are the following:
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The person who suffered an accident (victim): A person who has suffered material and moral damage in an accident can directly claim compensation.
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Injured persons and their relatives: Relatives of the person injured in the accident and, in the event of death, the heirs of the deceased can claim compensation.
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Insurance companies: Parties with a traffic insurance policy can claim damages from insurance companies.
Which Documents are Required in a Traffic Accident Compensation Case?
When filing a traffic accident compensation lawsuit, certain documents proving damages are required. These documents help to make the case legally strong and ensure that the amount of compensation is determined correctly. The required documents are as follows:
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Traffic accident report: A police report of an accident.
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Health reports Documents showing the extent of injuries and the course of treatment.
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Insurance policy and payment documents: Insurance information and payments of the parties involved in the accident.
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Photos and videos: Photographs showing snapshots of the accident, videos documenting the condition of the vehicles and the circumstances of the accident.
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Witness statements: Written or oral statements of people who saw the accident.
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Documentation of loss of earning capacity: Workplace documents or loss of income reports showing that the accident caused loss of earning capacity.
Statute of Limitations for Traffic Accident Compensation
In traffic accident compensation cases, there is a certain statute of limitations. This period starts from the date the injured person learns about the accident. The general statute of limitations for traffic accident compensation cases is 10 years. However, this period may vary depending on the nature of the accident and the type of damages. It is very important not to miss the deadline for filing a lawsuit in order to avoid the statute of limitations.
What Should Be Considered When Filing a Traffic Accident Compensation Lawsuit?
There are some important points to consider before filing a traffic accident compensation claim:
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Detailed reporting of the accident: Accurate reporting of all details of the traffic accident is critical to the successful outcome of the case.
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Insurance status: The insurance information of the vehicles involved in the accident and the payment terms of the insurance companies should be checked correctly.
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Beware of statute of limitations: The time limit for filing a lawsuit must be followed correctly to avoid the statute of limitations.
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Evidence collection: The right evidence must be collected to prove the damages caused by the accident.
The Role of the Lawyer in a Traffic Accident Compensation Case
Traffic accident compensation cases can be legally and technically complex. Working with a professional compensation lawyer in such cases helps to manage the process correctly. The lawyer guides his/her client through all stages of the case, from the correct calculation of the amount of compensation to the collection of evidence. He also defends legal rights and ensures the collection of compensation in the event that insurance companies refuse to pay claims.
As a team specialized in traffic accident compensation cases in Istanbul, we offer legal support to our clients at every stage. You can contact us for compensation for the damages you have suffered as a result of a traffic accident.
Contact Us
You can safely open your material and moral compensation claims as a result of a traffic accident. By contacting us, you can protect your right to compensation and start the process in a professional manner.
