Compensation claims arising from death and bodily injury
- Claims relating to treatment and recovery costs, temporary loss of earnings, reduction or loss of working capacity and impairment of the economic future
- Assessment of caregiver or care costs, prostheses and assistive devices, rehabilitation and costs that may arise in the future
- In the event of death, funeral costs and claims for loss of support
- Review of the conditions for non-pecuniary damages in favor of the injured person or their relatives
- Legal review of disability, fault and actuarial reports
Compensation and insurance disputes arising from traffic accidents
- Claims for pecuniary and non-pecuniary damages in traffic accidents involving injury or death
- Calculations of temporary or permanent incapacity for work, caregiver costs and loss of support
- Claims for vehicle damage, diminished value, loss of use or earnings and deprivation of the vehicle
- Review of compulsory liability insurance, comprehensive (casco) insurance, voluntary liability insurance and personal accident policies
- Application to the insurance company, the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) and litigation procedures
- Case-specific assessment of the Guarantee Account (Güvence Hesabı) and accidents involving foreign-plated vehicles
Compensation actions arising from work accidents and occupational diseases
- Review of the legal liability of the employer, the subcontractor and third parties who bear responsibility for the event
- Claims for permanent or temporary loss of working capacity, treatment and care costs, loss of support and non-pecuniary damages
- Review of occupational health and safety documents, training records, risk assessment, work equipment and accident reports
- Social Security Institution (SGK) review, the effect of income and payments on the compensation calculation, and assessment of recourse relationships
- Preparing defenses on fault, causal link and damage calculation on behalf of the employer or other liable parties
The social security rights arising from a work accident and the SGK recourse and receivable actions are explained separately on our Social Security Law page.
Losses That May Be Assessed as Pecuniary Damages
The purpose of pecuniary damages is to bring the injured person, as far as possible, to the economic position they would have been in had the event not occurred. The items of loss that can be claimed vary with the nature of the event and the legal basis.
Bodily injury losses
- Treatment, medication, rehabilitation, prosthesis and assistive device costs
- Temporary incapacity for work or loss of earnings
- Permanent loss of working capacity or of earning capacity in one’s profession
- Losses arising from impairment of the economic future
- Temporary or permanent caregiver and care costs
- Transportation, special diet and other necessary expenses connected with the specific event
Losses in the event of death
- Treatment and care costs before death
- Funeral and burial costs
- Economic loss of persons deprived of the deceased’s support
- Other documentable property losses, depending on the specific case
A claim for loss of support does not rest on heir status alone. The relationship in which the deceased actually and regularly provided support during their lifetime, or would very probably have provided it in the future, is assessed together with the evidence.
Property losses
- Cost of repair, renewal or restoration to the previous condition
- Diminished value and reduction of economic life
- Loss of use or deprivation of the vehicle
- Loss of rental or business income
- Business interruption and lost profit
- Reasonable expenses incurred to establish the damage and limit the loss
In calculating the loss, factors such as the actual loss, economic life, prior damage, depreciation, market value and the effect of repair on value may be examined together.
Expert, Disability, Fault and Actuarial Review
In compensation files, technical, medical and financial questions may require a court-appointed expert review. However, every report should be examined not only for its conclusion but also for the data, method, legislation, assumptions and calculation links it uses.
- Whether the disability or loss of working capacity report conforms to the date of the event and the applicable legislation
- Whether the fault report discusses the evidence of the event and the obligations of the parties
- In the actuarial calculation, age, income, life expectancy, support shares, working period and deduction factors
- Whether social security and insurance payments are to be set off
- The medical basis of future treatment and care needs
- In property loss, market value, repair, prior damage and the method for diminished value
Technical and legal objections are prepared against reports that are incomplete, contradictory or unsuitable for review; where necessary, an additional review is requested from other fields of expertise.
What Does the Compensation Calculation Depend On?
Age, documentable income, loss of working capacity, care needs, fault and the support relationship are examined according to the file. An approximate calculator on the internet is not a substitute for a person-specific report or a legal assessment. A gross calculation and the claim remaining after earlier payments are not the same amount.
Is being an heir required for a claim for loss of support?
Being an heir alone is neither a sufficient nor a mandatory criterion. The support relationship, whether actual or expected to arise in the future, is investigated. The claims of more than one rightful claimant and their own conditions are assessed separately.
The mediation exception in work accidents
Under Article 3/3 of Law No. 7036, pecuniary and non-pecuniary damages arising from a work accident or occupational disease, together with related actions for determination, objection and recourse, fall outside the general rule of mandatory mediation. The same exception does not apply to all employment receivables.
Not every loss is covered by insurance
The type of policy, the coverage, the limit, the date of the event and the exclusions must be examined. A payment by the insurance company may not mean that all claims against other liable parties have come to an end. The same loss cannot be recovered twice.