It is possible for persons to suffer material, non-material or physical losses due to the unlawful acts of another person. The legal order stipulates that the damages of persons who have suffered such losses must be paid by the persons who caused the damage. The monetary amount ordered by the courts to be paid to the persons who have harmed others through wrongful acts is called compensation. In order to receive compensation, the injured person must file a lawsuit for compensation and follow and finalize the lawsuit correctly.

Compensation cases can have very different grounds. The types of compensation cases that have been successfully concluded in our office to date are as follows;

• Pecuniary and non-pecuniary compensation cases due to traffic accidents,
• Pecuniary and non-pecuniary compensation cases due to work accidents,
• Pecuniary and non-pecuniary compensation cases due to occupational disease,
• Claims for damages for breach of agreement,
• Suits for pecuniary and non-pecuniary damages due to tort,
• Compensation lawsuits filed due to attacks on personal rights such as defamation, slander, violation of privacy,
• Compensation cases due to unlawful or disproportionate execution of protection measures (unreasonable search, unjustified arrest, etc.),
• Compensation lawsuits against state legal entities, public administrations and municipal legal entities (full judgment lawsuits),
• Compensation lawsuits brought by the injured party against the State or the responsible public administration due to the unlawful act of a public official,
• Financial and non-pecuniary compensation cases due to divorce,
• Pecuniary and non-pecuniary damages for medical malpractice (injury, loss of organs or senses, disability, change in physical appearance, death)
• Pecuniary and non-pecuniary damages for unfair competition,
• Pecuniary and non-pecuniary damages for infringement of trademark rights (registered and unregistered trademark protection),
• Suits for pecuniary and non-pecuniary damages for infringement of patent rights,
• Compensation lawsuits due to the liability of the employer,
• Claims for damages arising from the liability of the owner of a building (the owner of a building or other works of construction is liable for damages arising from defects in its construction or deficiencies in its maintenance),
• Compensation lawsuits filed due to the liability of the owner of the immovable property,
• Compensation lawsuits for the liability of the animal keeper (liability to pay for the damage caused to others by the instinctive behavior of animals),
• Compensation lawsuits against the state in accordance with the principle of equality in the face of public burdens,
• Compensation lawsuits filed due to the liability of business owners for damages arising in businesses engaged in activities that pose a significant danger,
• Compensation lawsuits filed due to occupational risk.

It is important that compensation lawsuits are filed before the statute of limitations expires, before the competent and authorized courts. In actions for damages arising from tort, the person claiming compensation must prove that the action of the other party is unlawful, that the other party has acted negligently, that damage has occurred as a result of this action, and that there is an appropriate causal link between this damage and the unlawful act. In compensation cases arising from breach of agreement, the breach of agreement must be proved, and the plaintiff does not need to prove fault. The person who acts against the agreement must prove his/her fault.

Liability is a type of strict liability in compensation lawsuits filed due to the liability of the employer, the liability of the owner of the building, occupational risk, the principle of equality in the face of public burdens, the liability of the owner of the animal, the liability of the owner of the immovable property, and the liability of the operators of motor vehicles. In cases of faultless liability, it is not possible for the person who committed the act to get rid of paying compensation by proving that he/she is faultless. In order for the negligent responsible person to be relieved from liability and compensation, the evidence of salvation stipulated in the law must be revealed in the lawsuit. In some cases of strict liability, the person who is strictly liable is not allowed to bring evidence of salvation.

As briefly mentioned above, the rules of proof in compensation cases are specific legal issues. For success in compensation cases, the lawsuit must be filed in accordance with the procedural rules in the legislation and followed correctly. For your legal questions and problems related to compensation lawsuits, you can request legal services from Solmaz Law and Consultancy team’s expert legal staff.

Frequently asked questions within the scope of Compensation Law are as follows:

How are Pecuniary Damage and Compensation Determined?

Pecuniary damage is the difference between the state of the property of the injured person as a result of the damaging act and the state before this act. For the existence of pecuniary damage, it is expected that there is a decrease in the materially available property. Damage can be explained as the pecuniary decrease in the assets and the profit deprived as a result of the damaging act. After the wrongful act; it is possible that an increase may also occur, in which case the benefit is calculated according to the principle of equalization by deducting the benefit from the damage incurred.  According to Article 51 of the Code of Obligations; the scope and payment method of compensation shall be calculated by taking into account the necessity of the situation and especially the gravity of the fault.  Compensation may be determined in kind or in cash. The lightness of the fault of the damages may be considered as a reason for reduction of the compensation. If the injured party consents to the damage, his/her liability for compensation shall be extinguished.

In terms of the scope of the damage; whether the goods are partially or completely destroyed, loss of value, deprived profit are the main factors that determine the amount of compensation.

What is covered by Damage to Body Integrity?

Expenses such as treatment expenses, examination, analysis, ambulance, transportation expenses, surgery, hospital, medicine, prosthesis, wheelchair, physical therapy and care necessary for the injured person to regain his/her health are within this scope.

What are the damages arising from the loss or diminution of earning capacity?

Partial or total loss of the injured person’s ability to work, loss of earnings, temporary incapacity to work are within this scope. The damage suffered by the person due to the inability to work during the period of damage can be compensated as economic loss or loss of income. The same economic loss may have occurred due to the mental damage caused by the physical damage. In addition, treatment costs due to this damage are also within the scope of compensation.

What are the Damages Caused by Death?

If death has occurred due to a wrongful act; in this case, the persons supported by the deceased will be deprived of the support of the deceased. These persons may claim damages as compensation for deprivation of support. In addition, due to death; funeral expenses, treatment expenses before death, damages arising from the decrease or loss of working power in the period before death, damages incurred by those deprived of the support of the deceased for this reason are among the damages suffered with death. When calculating compensation due to death; criteria such as the duration of active work, the duration of the need for care are taken into account.

The interest to be claimed for pecuniary damages is legal interest. If the damage occurred as a result of a tort related to commercial business, then there is a right to claim commercial interest.

Claims for compensation must specify the type of interest and the starting date.

What are the Factors Determining the Scope and Compensation of Non-pecuniary Damage?

Non-pecuniary damage is the type of damage that occurs when the tortious act is committed against personal rights, values such as life and body integrity, honor and dignity.  Tangible personality rights are the values that the person has due to being an individual, the values arising from the right to life, health and body integrity. In case of violation of pecuniary personality values, it is possible to claim both pecuniary and non-pecuniary compensation. Both pecuniary and non-pecuniary damages can be claimed in cases such as the killing or injury of a person.

The prestige, trust and reputation in social life due to one’s profession are among the intangible personal rights. Professional and commercial personal values include professional and trade secrets and are guaranteed by the Constitution.

Non-pecuniary personal value, on the other hand, is directly related to a person’s psyche and value in society. A person’s name, image, voice, picture, private life, honor and dignity are intangible personal values. Due to the attack on these values, it is possible for the person to file a lawsuit for compensation as well as preventive lawsuits.

Which Lawsuits Can Be Filed Due to Attack on Personal Rights?

Prevention action: In cases where the attack on personal rights has not yet begun or has not yet spread, the publication or repetition of the attack can be prevented with a preventive action.

Cease and desist lawsuit: In periodical publications, after the newspaper and magazine are published, the attack on the right of personality is considered to be over and a cease and desist lawsuit cannot be filed against it, but in terms of ongoing continuous publications; In cases of serial broadcasting such as radio and TV, a cease and desist lawsuit may be filed to stop the attack on the right of personality.

Determination action: Even if the publication containing the unfair attack has ceased or is ongoing, a declaratory action may be filed to determine this damage. The purpose of this lawsuit is to determine the illegality.

Right of rectification and reply: In the event of an unjustified attack on a person’s personal rights, the person has the right to publish his/her reply by exercising the right of rectification and reply. The Press Law reiterates the existence of the right of rectification and reply in cases of publishing untrue news and attacks against the honor and dignity of the person.

Lawsuit for pecuniary and non-pecuniary damages: Persons who believe that their personal rights have been unfairly attacked by the publication have the right to claim pecuniary and non-pecuniary damages for this attack.

Liability for Unjust Enrichment and Scope of Compensation

In order to be able to talk about the liability arising from unjust enrichment within the scope of the Law of Obligations; enrichment must have occurred through the assets or labor of another person without a justified reason. Art. 77 et seq. of the Code of Obligations No. 6098 regulates that this asset must be returned. Depending on whether the enriched person is in good faith or not, the issue of the return of the acquired asset is regulated separately.

According to Article 79 of the Code of Obligations; the unjustly enriched person is obliged to return the enrichment, except for the part that he proves to have been disposed of during the recovery of the enrichment. If the enricher has disposed of the enrichment without good faith, or if he should have taken into account that he may have to return it in the future, he is obliged to return the entire enrichment.

In addition, it is not possible to return what has been given due to the commission of an unlawful or immaterial act. It is only possible to order that this asset be restituted to the state. A statute of limitations is prescribed for lawful claims, for the restitution of labor given without just cause, or for the restitution of wealth-induced gains, and the right to claim restitution is time-barred after a period of two years from the date of discovery, and in any case after a period of ten years from the realization of the enrichment.

In terms of determining the amount to be returned, the Court of Cassation has applied the principle of distributive justice and ruled for the calculation of the compensation amount. Within the scope of this principle, the economic situation and conditions of the country are also taken into consideration.  In terms of interest; the debtor must be in default within the scope of general provisions. This is possible through means such as written notification and warning.

Within the scope of unjust enrichment; compensation and restitution can be claimed for various reasons such as overpayment paid to personnel, revolving fund payment, incentive premium, salary paid due to canceled administrative action, payments made based on an invalid sales agreement, payment of vehicle price based on an invalid agreement, wedding jewelry withheld for no reason, payments made to the person who was accepted to work with a forged document.

Liability on the Grounds of Negligent Liability

The Code of Obligations regulates the causes of strict liability according to the principle of equity, the principle of care and diligence and the principle of danger. The cases of strict liability are evaluated within the scope of tort. Pecuniary and non-pecuniary damages can be requested from cases of strict liability.

According to the responsibility of the employer the employer is responsible for the compensation of the damages caused by the employee during the performance of the work. In this context, the employer must have taken the necessary care to prevent the occurrence of damage while instructing, supervising and inspecting. If the existence of this care can be proved, the employer is not liable; otherwise he has the obligation to compensate for the damage caused. If someone else suffered damage due to the personal fault of the employee; there is the possibility of recourse from the employee only in proportion to the fault.

In cases where the employee acts outside the instructions given to him/her and interprets them differently, the employer is still responsible for the damage caused by the connection between the task and the work. During the performance of the work, the employer is expected to supervise whether the employee acts in accordance with the orders and instructions and to take necessary measures.

In terms of the responsibility of the animal keeper; the person who undertakes the care and management of an animal permanently or temporarily is responsible for the compensation of the damages caused by the animal. In case the animal is provoked, provoked, in other words, if the damage is deliberately and knowingly caused, it is possible to recourse the damage from this person. In the event that the animal is rented or used, it is the responsibility of the animal keeper to report the animal’s bad temper and the risk of damage.

In terms of the responsibility of the owner of the building; the owner of a building or other works of construction is obliged to eliminate its deficiencies and defects. This responsibility also includes the completion of the work and making it suitable for its purpose. In order for the liability to arise, the owner of the building must cause this with a fault. Damage caused by the neighbor’s power line installation, falling of an overhanging ice mass on the head of a third party, damages arising from the unrepaired area are considered within this scope.

In terms of hazard liability; in the event of damage arising from the activity of an enterprise that poses a significant danger, the owner of the enterprise will be liable for the damage together with the operator. Dangerous business activities such as flammable, explosive, cutting, piercing activities are within this scope.

In terms of the liability of the operator of the place of accommodation; the operators of hotels and similar places of accommodation are liable for the damage, destruction or theft of the belongings of the guests. However, if the operator can prove that this damage is directly caused by the fault of the host, force majeure or damage caused by the nature of the goods, then he may be released from liability. The host must immediately notify the operator of the damage; otherwise he/she loses his/her right to claim.  

What is the liability of the owner of the immovable property for compensation?

According to Article 730 of the Civil Code, “Any person who suffers damage or faces the danger of damage as a result of an immovable property owner’s use of his property right in violation of the legal restrictions of this right may sue for the restoration of the situation and the elimination of the danger and the damage suffered. The judge may decide to compensate the damages arising from local customary and unavoidable excesses with an appropriate price.”

In the event that others are harmed due to unlawful additions, overflowing structures and the damage caused by them; there is the right to demand the removal of this danger, restoration and compensation. Precautionary measures may be requested to eliminate the danger. Subsequently, restitution may be requested. In the construction agreement in return for flats, the damage caused by the excavation of the foundation of the construction to the adjacent building or construction can be evaluated within this scope.

Compensation for Wrongful Arrest and Protection Measures

In cases arising from the Criminal Procedure Code, where a person has been wrongfully arrested or detained during the investigation or prosecution phase, or has not been brought before a judge in due time, a claim for compensation can be filed within three months and in any case within one year from the date of finalization of the decision or judgment.

What is the Motor Vehicle Operator’s Liability for Damages?

The Road Traffic Law provides that operators of motor vehicles and organizers of races are held strictly liable for damages caused to third parties. The operator of the vehicle has strict liability for damages caused by traffic accidents.

What is the Scope of Compensation for Damage Caused by Traffic Accidents?

Since the liability arising from traffic accidents is considered among the types of hazardous liability; the vehicle operator, the owner of the vehicle operator undertaking; is liable for damages caused by the fault of the vehicle driver or his assistant as if it were his own fault. In other words; the owner of the vehicle, the operator of the vehicle, transporters, long-term lessees of the vehicle, those who borrow or pledge the motor vehicle, race organizers, those engaged in professional activities related to the motor vehicle are liable according to the definition in the law.

Causes of liability can be listed as; the fault of the driver and the helper, the defects of the company, the damage suffered by those who help after the accident, the damage caused by the passenger to another passenger, the damage caused by the employee of the operator to another employee.

What are the subjects of lawsuits arising from traffic accidents?

Compensation lawsuits for death or injury, compensation lawsuits for mental trauma, compensation lawsuits for damage to the vehicle, compensation lawsuits brought by the passenger against the carrier, compensation lawsuits for damage to buildings or structures and recourse lawsuits are among the lawsuits filed as a result of traffic accidents.

Who are the plaintiffs and defendants in cases arising from traffic accidents?

Those who are deprived of the support of the deceased, those who have suffered bodily harm, and those whose vehicles have been damaged, owners of buildings, structures or facilities, and holders of the right of recourse may qualify as plaintiffs.

Vehicle owners and operators, drivers and their assistants, insurers, and in case of passenger transportation; the carrier, the driver and his/her assistant, and insurers may be defendants.

Compensation Claims in Fatal Traffic Accidents

In the event of death as a result of a traffic accident; those who are deprived of support due to death may file a lawsuit for compensation. When calculating this type of compensation; the periods of deprivation of support are calculated and compensation figures are determined according to the support shares of the persons.

Compensation Cases in Traffic Accidents with Injury and Bodily Damage

In order to calculate the bodily injury caused by such traffic accidents and the compensation to be paid in return, it is necessary to determine the current and future causes of damage such as temporary or total incapacity (disability) of the person, lifelong care expenses, losses arising from the shaking of the economic future, treatment expenses. Compensation will be calculated according to the scope of these damages.

Compensation Cases Due to Vehicle Damage

Due to the damage to the vehicle, compensation can be claimed for loss of value, loss of earnings and deprivation of vehicle.