A lawsuit for compensation for damages can be filed by any national in the Turkish courts for various reasons, although in practise, most lawsuits are filed for tortious acts or for breach of contract. In civil law, a tort is an act that harms someone and infringes on his/her rights. Turkish Law recognizes two types of compensation claim in Turkey: for material and for non-material damages.
According to article 49 in Turkish Code of Obligations,
“A person who causes harm to another by a tortious and unlawful act is obliged to recompense the damage inflicted.”
In each case involving compensation in Turkey, four issues are examined: the wrongful act, the damage inflicted, the defect that caused the damage and the link between the damage and the defect. All four elements must be established before a plaintiff can claim for compensation.
Articles 54 and 56 of the Turkish Code of Obligations regulate compensation for material and non-material damages respectively. Persuant to article 54, in case of an accident, compensation for all material damages can be claimed. Also, examples of such damages are provided, such as treatment costs, loss of earnings and loss of working capability. Article 56 regulates the requirements for non-material damages, such as disfigurement, suffering and pain, or even the loss of future wages. Compensation is provided as restitution proportionate to the damages inflicted.
Apart from these guiding principles, each case is evaluated by the Turkish courts according to the specific conditions of the accident in order to decide if there are grounds for compensation, and then its appropriate amount.
If you have sustained damages in an accident in Turkey and would like to file for compensation, we can advise you on your case and we can support you through the pre-litigation and the litigation process, with our team of Turkish lawyers in London and Turkey.