Compensation Rights in Traffic Accidents: Injury and Death
Traffic accidents are important events that threaten the safety of life and property of individuals. Victims or their relatives may resort to legal remedies in order to compensate for the material and moral damages they have suffered. Especially in traffic accidents with injuries and fatalities, compensation lawsuits are of great importance for the victims and their relatives to protect their rights.
Right to Compensation in Traffic Accidents
The right to compensation in traffic accidents is the right of the victim or the relatives of the deceased to demand compensation for material and moral damages from the person or organization that caused the accident. This right is protected under the Turkish Code of Obligations and the Road Traffic Law. The right to compensation is determined by determining the party at fault and calculating the losses suffered by the injured party.
Accident victims can claim compensation for the following damages as a result of road traffic accidents:
Material damages: Medical expenses, loss of earning capacity, vehicle damage, maintenance costs.
Moral damages: Psychological breakdown, pain and distress caused by the accident.
Compensation for deprivation of support: Economic losses suffered by the relatives of the deceased in fatal accidents.
Compensation Claims in Injury Traffic Accidents
Damages suffered by the victim in traffic accidents with injuries can be compensated through legal remedies. The types of compensation that can be claimed in lawsuits filed as a result of injury accidents are as follows:
Temporary and Permanent Incapacity Compensation
As a result of a traffic accident, the victim may be temporarily or permanently incapacitated. If the victim is unable to work, he/she can claim compensation by taking into account the lost income. The rate of incapacity for work is determined by the reports of the Forensic Medicine Institute or official health institutions.
Treatment Expenses and Maintenance Costs
In case of injury accidents, all treatment costs of the victim, such as hospitalization, surgery fees, medication costs, etc. may be subject to a compensation claim. In addition, if the victim is in need of nursing care, compensation can also be claimed for ongoing care services.
Moral Compensation Claims
In personal injury accidents, the victim may claim non-pecuniary damages for the psychological effects of the accident. As a result of severe injuries, situations such as a decrease in the victim’s quality of life and aesthetic losses may be subject to a claim for non-pecuniary damages.
Compensation Claims in Fatal Traffic Accidents
Fatal traffic accidents mean a great loss for the victim’s family and relatives. In such accidents, the relatives of the victim can claim both financial and moral compensation.
Compensation for Deprivation of Support
The family and dependents of the deceased may claim compensation for deprivation of support. This compensation is calculated by taking into account the economic contributions that the deceased person would have made to his/her family had he/she survived.
Funeral and Burial Expenses
Funeral expenses of the person who died as a result of the accident can also be claimed from the other party. Funeral, burial and other expenses are considered within the scope of financial compensation.
Moral Compensation Claims
In fatal accidents, the relatives of the victim may sue for non-pecuniary damages, as they have suffered great pain and grief. The judge determines the amount of non-pecuniary damages according to the circumstances of the case and the situation of the parties.
The Process of Filing a Compensation Lawsuit and Legal Roadmap
The steps to be followed by victims who want to sue for compensation after a traffic accident are as follows:
Preparation of Accident Report
In order to claim compensation in a traffic accident, an accident report must first be kept and all evidence regarding the accident must be collected. The official report prepared by the police or gendarmerie is evidence in the lawsuit process.
Obtaining Health Reports
In injury accidents, the victim’s medical reports and documents indicating loss of earning capacity are of great importance. Documents such as forensic medicine reports and hospital epicrisis reports can be used as evidence in court proceedings.
Application to the Insurance Company
Within the scope of the compulsory traffic insurance of the vehicles involved in the accident, a certain amount of compensation can be obtained by applying to the insurance company. However, if the amount paid by the insurance company is insufficient, it may be necessary to file a lawsuit.
Filing a Compensation Lawsuit
If the insurance company or the person who caused the accident does not cover the damages, the victim or his or her relatives can file a claim for compensation in the civil courts. During the litigation process, the percentage of fault, the amount of damage and the victim’s economic losses are assessed in detail.
Compensation lawsuits are of great importance for victims of traffic accidents to claim their rights. It is one of the basic principles of law to compensate the victims of injury and fatal traffic accidents for their material and moral damages. Therefore, it is important that the victims or their relatives know the legal process well and get support from a specialized lawyer. Seeking rights through legal means will help victims minimize their material and moral losses.
