Liability Compensation Law and Indemnity Litigation
For a person to be liable for compensation, , first of all, he must be responsible for the action that gave rise to the compensation. Responsibility can be defined as “giving an account for a behavior that is contrary to a rule that must be followed, and putting up with the consequences”, or it can also be defined as “the state of being guilty of not obeying a judgment that must be followed, a rule or an order given by an authorized superior”. Compensation Law; is the branch of law that deals with the protection of the rights of the injured person and the regulation of compensation issues despite the material and moral damages that occur in cases where the legal order is not considered legitimate. Thanks to the compensation law, it is ensured that people are prevented from being harmed by committing unlawful acts, and that the victim is protected before the law by compensating the damage when the damage occurs.
The basis of the concept of liability is the obligation of compensation. In the event that the person or property of the person is damaged by a third party or by a person or something else under his responsibility, the person who caused the damage is liable to compensate the damage.
Liability may arise from different situations such as material liability and moral liability, contractual liability, non-contractual liability, cause and danger liability. Regardless of the cause of the liability, the person is obliged to compensate for the damage caused by the contract. Liability law regulates who will be compensated for the damage and how much compensation he will get. If compensation is a monetary value or act decided to be paid by the court, paid by the person who caused the damage in return for the pecuniary or non-pecuniary damage resulting from an unlawful act. Therefore, since the liability to compensate the damage will belong to the perpetrator, the determination and degree of the fault is also important in determining whether the liability arises and the amount of compensation. Considering that it has an important role in both the emergence of the liability and the determination of the scope of the compensation, fault is an important criterion in determining the liability and the amount of the compensation. In addition to faulty liability, in strict liability, the perpetrator is not required to be defective in order to be held responsible. It should be emphasized that fault alone is not sufficient for the liability of compensation to arise. In order for the indemnity obligation to arise, it is essential that the elements of unlawful act and damage specified in Article 49 of the Turkish Code of Obligations occur as well as the fault, and that there must be an appropriate causal link between this damage and the unlawful act.
Compensation law is very comprehensive, as compensation cases vary widely according to the damage incurred and the types of claims. There are many differences and types of compensation, even in the types of compensation that can be requested, and compensation can be demanded according to many branches of law. On the other hand, the determination of the actual damage suffered and the calculation of the compensation to be paid require different expertise. In this respect, a specialist in Compensation Law in the field of Compensation Law, in order not to lose time, to file compensation cases in accordance with the law, to follow up and to demand the compensation for the damage in the most appropriate way, to avoid loss of rights or to be faced with a situation that may be against them. As Güneş & Güneş Law Firm, we recommend getting help from a lawyer.
Güneş & Güneş Law Firm, with its 25 years of experience in the field of compensation law, with its Law Firm in Antalya and Kemer, and its expert lawyers in Antalya and Turkey, supports clients for the opening, execution and resolution of compensation cases to domestic and foreign clients in Antalya and Turkey. With the service, preventive legal consultancy services are provided in order to prevent future responsibilities regarding any branch of law.
Why Gunes & Gunes Law Firm?
20 Person Team
We are a family of 20 people, with our lawyers and assistant teammates who are experts in different fields of work.
Service in 6 Languages
Internationally, we provide native language-level legal advice in Turkish, English, German, Russian, Ukrainian and Dutch.
33 Different Practice Areas
We provide legal support to our clients in many different fields of work.
With Over 23 Years of Experience, Competent and Expert Lawyer in the Field of Liability, Compensation Law and Indemnity Litigation, we provide the following services in the Field of Liability, Compensation Law and Compensation Litigation to Domestic and Foreign Clients in Antalya and Turkey-wide:
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Litigation for Pecuniary or Moral Indemnity Caused by Mortal or Injurious Traffic Accidents,
- Lawsuits to be Filed Against the Responsible Insurance Company and Persons for the Maximum Level of Disability Compensation Due to a Traffic Accident in the Shortest Time; In Lawsuits to be Filed Against the Responsible Insurance Company and Persons for the Relatives of the Deceased in order to receive Compensation for Deprivation of Support due to a Traffic Accident; Disability Compensation Due to Traffic Accident (Temporary and Permanent Incapacity) Compensation In addition to the Invalidity Rate and Disability Status Responsible Sig In Lawsuits to be Filed for Maintenance Costs and Expenses against the Intermediate Company; Compensation Lawyer Service as a Compensation Lawyer in Compensation Lawsuits,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Recourse Compensation Lawsuits Related to Motor Vehicle Insurance and Compensation Lawsuits Filed by the Insured Against His Own Motor Vehicle Insurance,
- Compensation Litigation Advocacy Service as an Expert Compensation Lawyer in Claims and Compensation Lawsuits arising from Life Insurance, Compulsory Highway Liability Insurance, Land Vehicles Insurance (Casco), Life and Property Insurance and Professional Liability Insurance,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits Related to Product Damage Claims,
- Compensation Litigation Advocacy Service as a Compensation Attorney in Deprivation of Support Compensation Lawsuits,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Permanent (Continuous) Loss of Workforce (Disability-Disability) Cases in Compensation Cases for Temporary Loss of Workforce Losses,
- Compensation Litigation Advocacy Service as Compensation Lawyer in Compensation Lawsuits in Compensation Lawsuits for Treatment Expenses, Burial and Funeral Expenses,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits for Damages Given to Property and Damages Given to and Caused by the Building,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits Filed or Opened Against Hospitals, Doctors and Other Healthcare Professionals,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits Caused by Damage and Depreciation of the Vehicle as a result of a Traffic Accident,
- Due to a Traffic Accident; Indemnity for Deprivation of Support, Funeral Expenses, Treatment Expenses, Temporary Incapacity Compensation, Workforce Loss Compensation, Vehicle Property Damage Repair Fee, Vehicle Value Loss Compensation, Vehicle Scrap Fee and Vehicle Pert Fee, and Financial Loss as a result of Traffic Accidents Indemnity Lawyer Attorney Service as a Compensation Dealing with cases with a Claim for Collection by Filing a Lawsuit for the Assurance Account as the Insurer of the Defective Party,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Material and Moral Compensation Cases Resulting from Reckless Or Intentional Injury and Negligent Or Intentional Murder,
- Compensation Lawyer in Compensation Lawsuits Resulting from Infringement of Personal Rights and Compensation Lawsuits Resulting from Attacks on Personal Rights such as defamation, slander, defamation, violation of privacy, and in compensation lawsuits to be filed in the event of an Attack on Personal Rights through Social Media or the Press,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits Arising from Damages to Movable/Immovable Property Due to Tort,
- In Cases of Material and Moral Compensation Caused by Work Accident or Occupational Disease; Compensation for Permanent and Temporary Incapacity Compensation and Lack of Support Against the Employer and SSI due to Work Accidents, Compensation Litigation Advocacy Service as a Compensation Lawyer in Voluntary Compensation Cases,
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Litigation for Pecuniary and Moral Compensation Arising from Torts,
- Compensation Litigation Advocacy Service as a Claims and Compensation Lawyer in Claims and Compensation Lawsuits Arising from Contracts,
- Malpractice Lawsuits that come to the agenda in the field of health, especially in the case of the doctor’s misdiagnosis and failure to fulfill his duties in accordance with the laws and professional ethics and rules, professional errors and omissions, and such behaviors and negligence or intentional actions of the health personnel. Compensation Litigation Advocacy Service as Malpractice Compensation Lawyer in Compensation Lawsuits filed or to be filed against Health Institutions and Organizations and Physicians and Health Workers in the Field (Due to Injury, Organ or Sense Loss, Disability, Change in Physical Appearance, Death),
- Compensation Litigation Advocacy Service as an Expert Compensation Lawyer in Material and Moral Compensation Lawsuits Opened Together with Divorce Lawsuits,
- Compensation Litigation Advocacy Service as an Expert Compensation Lawyer in Compensation Lawsuits Arising from Unjust Detention and Unjust Detentions, and Compensation Lawsuits to be Filed Due to Unlawful or Inordinate Fulfillment of Protection Measures,
- Compensation Actions (Full Justice Actions) Filed Against State Legal Entities, Public Administrations and Municipal Legal Entities, and State Victims of the Damaged Due to the Unlawful Action of a Public Official Compensation Litigation Advocacy Service as an Expert Compensation Lawyer in Compensation Lawsuits Filed Against the Responsible Public Administration, Full Judgment Lawsuits to be Filed Against the Administration Due to Administrative Action and Damage Due to Action, and Material and Moral Compensation Lawsuits Arising from the Administration’s Fault of Service,
- Compensation Lawyer as an Expert Compensation Lawyer in Material and Moral Compensation Lawsuits Due to Unfair Competition, Pecuniary and Moral Compensation Lawsuits Due to Infringement of Trademark Rights (Registered and Unregistered Trademark Protection), Pecuniary and Moral Compensation Lawsuits Due to Infringement of Patent Rights,
- Compensation Litigation Advocacy Service in Compensation Lawsuits to be Filed Due to Practices such as Mobbing (Psychological Harassment),
- Compensation Litigation Advocacy Service as a Compensation Lawyer in Compensation Lawsuits Arising from Work, Construction and Floor Easement Agreements,
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