Compensation is a payment made to compensate a person for material or moral damage suffered. This payment is made by the person responsible for the damage and is usually realized through court proceedings. In a large and dynamic city like Istanbul, compensation cases are among the most common legal processes. In cases such as traffic accidents, occupational accidents, torts and contractual violations, one can resort to the legal remedy to obtain compensation. At this point, Istanbul compensation lawyer comes into play. Compensation lawyers provide the necessary legal support to ensure that you do not lose your rights and get your rights in full.
What is a Compensation Lawsuit?
Compensation lawsuits are lawsuits filed to recover damages suffered by a person. The person or institution causing the damage is obliged to pay compensation. In compensation cases, the injured party applies to the court by determining the amount of the damage. The court determines the amount of compensation by taking into account the type and extent of the damage and the person responsible. Compensation cases are generally divided into two main groups: pecuniary and non-pecuniary.
Material Compensation
Material damages are lawsuits for compensation for tangible damages. Material damages relate to losses incurred in a person’s property. For example, damage to a vehicle in a traffic accident, payment of hospital expenses or lost income due to incapacity for work in a work accident fall within the scope of material damages.
Moral Compensation
Moral damages, on the other hand, are lawsuits filed to compensate for psychological or emotional damage suffered by a person as a result of the violation of personal rights. For example, cases such as unjustified insult, slander or violence fall within the scope of moral damages. In cases of moral damages, the damage cannot be measured materially, but the court determines a price according to the situation of the parties and the magnitude of the damage.
Under Which Circumstances Can I File a Compensation Lawsuit in Istanbul?
In a big city like Istanbul, compensation lawsuits are a common legal process. Some of the situations in which compensation lawsuits can be filed are as follows:
Traffic Accidents
Traffic accidents are among the most common compensation cases in Turkey. In a traffic accident, damage to vehicles, health care costs, loss of workforce during the treatment process and other negative effects lead to a claim for financial compensation. The other party involved in the accident is obliged to pay compensation.
Work Accidents
Occupational accidents are damages suffered by employees as a result of accidents occurring at work or in work-related activities. Employees who suffer physical or mental harm as a result of work accidents have the right to claim compensation. Compensation for accidents at work is usually the responsibility of the employer and occurs as a result of a lack of safety measures or negligence in the workplace.
Wrongful Acts
A tort refers to an action for damages brought as a result of a person or organization causing harm to another person. Tort lawsuits arise from situations such as violation of personal rights, damage to property, violence or insult. The claim for compensation is made to protect the rights of the injured person.
Contractual Breaches
Compensation can also be claimed for breach of contract. When the terms of a contract between the parties are not complied with, the aggrieved party has the right to sue for damages. For example, if a commercial contract, lease agreement or service contract is breached, the aggrieved party may claim damages.
Which Documents are Required for a Compensation Lawsuit?
Before filing a compensation claim, it is important to gather concrete evidence of your damages. Here are some of the documents you may need when filing a compensation claim:
Reports showing the details of the damage (traffic accident report, medical report, etc.)
Witness statements
Relevant contracts (employment contract, commercial contract, lease contract, etc.)
Inventory of the damaged property (car, building, goods, etc.)
Photographs and other documents
Expense and expense documents (hospital bills, treatment expenses, etc.)
Insurance policy and payment documents
These documents will help you build a strong case in court.
Statute of Limitations for Compensation
In compensation cases, legal proceedings must be initiated within a certain period of time. The statute of limitations for compensation cases in Turkey is regulated as follows:
The statute of limitations for traffic accident and work accident compensation cases is usually 10 years.
The statute of limitations for tort compensation cases is 2 years.
The statute of limitations for damages for breach of contract is 5 years.
Failure to meet these deadlines may result in the case being dismissed. It is therefore very important to file compensation cases on time.
Benefits of Working with a Compensation Lawyer
Compensation cases can involve complex and technical legal processes. Therefore, working with an indemnity lawyer ensures that the case is handled in a more sound manner. Given the legal knowledge and experience of the insurance companies and the defendant parties, it is important to seek the help of a professional lawyer to prevent loss of rights.
As a team specialized in compensation cases in Istanbul, we offer our clients effective remedies. We are at your side to resolve your claim safely and quickly.
Contact Us
You can contact us to receive compensation, protect your rights and carry out the legal process in a professional manner. We follow your compensation cases step by step and offer the fastest solution.
