If you suffer financial or non-pecuniary damages as a result of any illegal action or transaction, you commence an action against the person or institution. This lawsuit can be structured in two different frameworks:
- Immaterial Compensation: The other person or institution may have caused you to experience a certain amount of financial loss due to an illegal transaction or behavior.
- Non-Pecuniary Damages: The other person or institution may have caused you to experience deep sorrow, grief, and sadness because of the illegal action.
In both of the above situations, you can commence an action for compensation. If you think that the same incident harmed you both emotionally and financially, you can request compensation both for your financial loss and non-pecuniary damages for the same action. The place where compensation cases are filed has been determined as Civil Courts of First Instance. Regardless of the amount of indemnity you request, all of the lawsuits related to compensation begins there.
For What Reasons Can I File A Claim For Damages?
Any damage you experience due to injustice or unlawful act by any person or institution may be the subject of a compensation lawsuit. In general, the following situations are the most frequently preferred situations in the compensation litigation process:
- Compensation lawsuits filed for breach of contract,
- Compensation cases brought by the employee to the employer due to work accident,
- Compensation lawsuits filed due to doctors’ mistakes,
- Compensation lawsuits filed in relation to divorce proceedings,
- Compensation lawsuits filed due to copyright infringement,
- Compensation lawsuits filed due to the posts on social media platforms or other written and verbal media tools that include an attack on personal rights
What is Full Remedy Action?
If you think that the damage you are facing is due to the fault of the state or an employee of any government agency, the type of compensation case you file will change. In this case, the case to be filed is called full remedy action. The places where full remedy actions are performed are Tax Courts or Administrative Courts.
What are the Conditions of Compensation Case in Turkey?
Certain conditions are sought in the continuation of the lawsuits to be filed for non-Pecuniary damages and immaterial compensation cases. These conditions are clearly stated through legal regulations.
- The fault of the defendant regarding the act or result shown as faulty must be proven. If a physician’s wrong treatment is mentioned, it must be proven that there is a connection between the physician’s action and the harmful result encountered.
- In dismissal cases, the unfair dismissal of the employee is not considered as non-pecuniary damage. At the time of dismissal, if the employer acted as insulting, abusive, or insulting, then this is considered non-pecuniary damage and can be sued.
- The statute of limitations of the traffic injury compensation cases has been determined as 2 years.
- The statute of limitations is 1 year in compensation lawsuits for divorce cases.
- The statute of limitations is 10 years for compensation lawsuits filed for breach of contract.