It is possible for people to suffer financial losses, moral or physical damages due to someone else’s illegal actions. The legal order stipulates that the damages of those who suffered such losses will be paid by those who caused the damage. The monetary amount decided by the courts to be paid by the people who harm someone else through torts is called compensation. In order to receive compensation, the damaged person must open a lawsuit for compensation and follow up and conclude his/her case correctly.
Compensation cases can have very different justifications. The types of compensation cases that have been successfully concluded in our office are as follows;
- Material compensation and non-pecuniary damage cases due to traffic accident,
- Material compensation and non-pecuniary damage cases due to occupational accident,
- Material compensation and non-pecuniary damage cases due to occupational disease,
- Financial compensation claims for breach of contract,
- Material compensation and non-pecuniary damage cases due to tort,
- Claims for damages filed for defamation, slander, violation of the privacy of private life, as well as an attack on personal rights,
- Compensation cases due to unlawful or excessive fulfillment of protection measures (outrageous search, false imprisonment),
- Compensation cases against state legal entities, public administrations and municipal legal entities (full remedy actions),
- Compensation cases against the state or responsible public administration of the person who has been harmed by the unlawful act of a public official,
- Material compensation and non-pecuniary damage cases due to divorce,
- Material compensation and non-pecuniary damage cases due to doctor error (malpractice) (due to injury, loss of organs or senses, disability, change in physical appearance, death)
- Material compensation and non-pecuniary damage cases due to unfair competition,
- Material compensation and non-pecuniary damage cases to infringement of trademark rights (registered and unregistered trademark protection),
- Material compensation and non-pecuniary damage cases due to patent infringement,
- Material compensation and non-pecuniary damage cases due to the liability of the employee,
- Claims for damages filed due to the responsibility of the building owner (responsibility for paying damages arising from the owner of the building or other building works, defects in their construction or deficiencies in their maintenance),
- Claims for damages filed due to the liability of the real estate owner,
- Claims for damages filed due to the liability of the animal owner (responsibility for paying the damage caused to others by the instinctive behavior of animals),
- Compensation cases filed against the state in accordance with the principle of equality before public burdens,
- Compensation cases filed due to the liability of business owners for damage caused by businesses engaged in activities that are significantly dangerous,
- Claims for damages due to occupational hazard.
It is important that compensation cases are opened in the competent and authorized courts before the expiration date. In cases of compensation arising from a tort, the claimant must prove that the action of the opposite party is unlawful, that the opposite party has acted flawed, that harm has occurred from this action, and that there is an appropriate causal link between this damage and the unlawful action. In cases of damages arising from a breach of contract, the violation of the contract must be proven, the applicant also does not need to prove the defect. And a person who violates the contract must prove his/her faultlessness.
Employer liability, landlord’s liability, occupational hazard, principle of equal apportionment of public burdens, liability of animal keepers, responsibility of motor vehicle operators are kinds of absolute liability in cases of compensation filed due to liability. In cases of absolute liability, it is impossible for the person who has committed the act to avoid paying compensation by proving that it is without fault. In order for the absolute liability person to be free from liability and compensation, the evidence of release prescribed by law must be revealed in the case. In some cases of perfect responsibility, the absolute liable person was not given the opportunity to bring proof of salvation.
As mentioned briefly above, proof rules in compensation cases are legal issues that are special. For success in compensation cases, the case must be opened in accordance with the procedural rules in the legislation and followed correctly. For your legal questions and problems related to compensation cases, you can request legal service from the expert legal staff of Solmaz Law and Consultancy team.