Tort and no-fault liability actions
- Redress of damage to a person or property arising from an unlawful act
- Disputes concerning the liability of an employer, an animal keeper, a building owner and hazardous business operations
- Liability of more than one person, joint liability and recourse relationships among the liable parties
- Assessment of the injured person’s fault, the act of a third party, force majeure and causes that break the causal link
- Defenses of fault, damage, causal link and statute of limitations against a compensation claim
International and cross-border compensation disputes
- Determining the applicable law and jurisdiction where the loss or the event giving rise to liability is connected with different countries
- Compensation claims in Türkiye by foreign individuals and companies
- Documenting the economic effects on persons living abroad of damage that occurred in Türkiye
- Recognition, enforcement (tenfiz) and execution of foreign court or arbitral decisions
- Planning the translation, certification and usability of evidence and health, income and company records located abroad
No-Fault Liability and Multiple Liable Parties
In some situations, liability does not rest on personal fault alone. In cases regulated by law, such as the liability of an employer, an animal keeper, a building owner, the operator of a motor vehicle or an enterprise that presents a significant degree of danger, special liability conditions may apply.
Where more than one person is liable for the same loss, the claims of the injured person and the recourse relationship among the liable parties themselves are not the same thing. Which person is liable, on what legal ground, to what extent and within which insurance cover must be determined separately.
Legal Review of Settlements, Releases and Payment Protocols
A payment made after a loss does not always mean that all claims have come to an end; on the other hand, a broad release or settlement document may affect rights that could be asserted later. The date of the document, its parties, the amount paid, which items of loss it covers, unknown or future losses, insurance and recourse rights, and claims of defect of consent should be assessed together.
Signing a final release at a stage when the permanent health condition has not yet been determined, treatment is continuing or the loss of income cannot be fully calculated may create a significant risk. In settlement negotiations, the payment schedule, security, the scope of waiver, confidentiality and the conditions for ending the dispute should be clearly regulated.
Defense Against a Compensation Claim and Risk Management
The liability compensation service is not limited to making a claim on behalf of the injured person. The file is also examined in all its aspects for an individual, company, employer, professional or insured person who faces an unfounded or disproportionate compensation claim.
The following matters are assessed in particular in the defense:
- Whether a legal obligation and the conditions of liability have arisen
- The unlawfulness of the act and the fault situation
- The adequate causal link between the loss and the act
- Whether the loss has actually occurred and whether it has been calculated correctly
- The injured person’s fault and duty to mitigate the loss
- The act of a third party, force majeure, or the effect of prior illness and damage
- Insurance notification, policy coverage and defense costs
- Statute of limitations, subject-matter and territorial jurisdiction, proper respondent and pre-litigation application conditions
- Joint liability, set-off and recourse possibilities
Early notification, preservation of evidence and coordination with the insurance company are important for protecting the rights of defense.
When a Claim Arrives, Check the Records and Time Limits First
Keep the notification document, the claim letter, the contracts and the policy. Do not delay the notice that must be given to the insurer. Deleting evidence or later altering the records of the event may weaken the defense. The time limits for a response and an objection are determined according to the nature of the document sent.
Do not treat a release as a payment receipt
It must be clear which item of loss has come to an end, and with respect to which person and which period. Texts that cover future losses while treatment is ongoing, and the waiver and recourse provisions, are examined in particular. Whether a signed document is valid or invalid is not decided by looking at its title alone.
Foreign element and collection plan
The applicable law, jurisdiction, certification of foreign documents, translation and the country in which the decision will be enforced are assessed together. Obtaining a decision in Türkiye does not mean it can be enforced directly in a foreign country. Procedures in the foreign country are, where necessary, coordinated with legal professionals who are authorized there.