Last updated: 12 June 2026. By Av. Serkan Kara, Istanbul Bar No. 53770.
Serka Law Firm represents claimants and defendants in compensation litigation under Turkish law, acting for individuals, businesses, and foreign nationals who have suffered loss through negligence, breach of contract, or wrongful acts. The firm handles each claim from initial assessment through trial, appeal, and enforcement, and coordinates cross-border claims where the injured party, the defendant, or the assets sit in different jurisdictions.
What is a compensation lawsuit under Turkish law?
A compensation lawsuit is a civil action to recover financial and non-financial loss caused by another party’s wrongful act, negligence, or breach of obligation. The right to compensation rests on the Turkish Code of Obligations No. 6098, which separates tortious liability from contractual liability and applies the principle of full compensation, restoring the injured party to the position they would have held had the wrong not occurred.
The Code of Obligations governs the substance of most claims. Tortious liability covers harm caused outside any contract, such as a traffic accident or a defamatory statement. Contractual liability covers loss flowing from a breached agreement. A single event can give rise to both, and a claimant may pursue whichever route produces the stronger remedy and the longer limitation period.
What types of damages can you claim?
Turkish compensation law recognises two categories of damages: pecuniary damages, which cover quantifiable financial loss, and non-pecuniary damages, which compensate pain, suffering, and emotional harm. A claimant may seek both in the same action, and in cases of death or grave injury close family members may claim non-pecuniary damages in their own right.
Pecuniary (material) damages
Pecuniary damages compensate measurable financial loss that flows directly from the wrongful act. They are proved with documents and expert calculation, not estimates. Recoverable heads include:
- Medical expenses: treatment, hospitalisation, medication, rehabilitation, and ongoing care made necessary by the injury.
- Loss of income: wages lost during recovery, plus diminished earning capacity where the injury causes permanent disability or reduced ability to work.
- Property damage: repair or replacement cost for property destroyed or damaged by the wrongful act.
- Loss of support: in fatal cases, dependants recover the financial support they have lost, calculated from the deceased’s income and life expectancy.
- Funeral and related costs: reasonable expenses incurred in wrongful death cases.
Non-pecuniary (moral) damages
Non-pecuniary damages compensate pain, suffering, emotional distress, and diminished quality of life. There is no fixed formula. The court fixes the amount at its discretion, weighing the severity of the harm, the degree of fault, the impact on the victim’s daily life, and the economic position of each party. Turkish awards for non-pecuniary harm are generally more conservative than awards in common-law jurisdictions.
What is the legal basis for each type of claim?
Each compensation claim rests on a specific statute that sets the standard of liability and the limitation period. The table below maps the most common claim types to their governing law, so a claimant can identify the framework that controls their case before filing.
| Claim type | Governing law | Liability standard |
|---|---|---|
| Workplace accident | Code of Obligations No. 6098; Labour Law No. 4857; Occupational Health and Safety Law No. 6331; Social Insurance Law No. 5510 | Heightened duty of care on the employer |
| Medical malpractice | Code of Obligations No. 6098; Consumer Protection Law No. 6502 (private care); administrative law (public hospitals) | Deviation from accepted standard of care |
| Traffic accident | Code of Obligations No. 6098; Highway Traffic Law No. 2918 | Strict liability of the keeper plus compulsory insurance |
| Contractual breach | Code of Obligations No. 6098 | Failure to perform the agreed obligation |
| Defamation and personal rights | Turkish Civil Code No. 4721; Code of Obligations No. 6098 | Unlawful infringement of personal rights |
| Defective product | Consumer Protection Law No. 6502; Code of Obligations No. 6098 | Liability of manufacturer, importer, or seller |
How does a workplace accident compensation claim work?
A workplace accident claim holds the employer responsible for harm suffered on the job where safety obligations were not met. Turkish courts apply a heightened duty of care under the Occupational Health and Safety Law No. 6331 and the Labour Law No. 4857, so an employer can be liable even after taking some precautions if those precautions fell short of the legal standard.
The Social Security Institution pays immediate benefits to an injured worker, including temporary incapacity allowances during recovery and a permanent disability pension where the accident leaves lasting impairment. The worker may then bring a separate civil claim against the employer for pecuniary and non-pecuniary damages that exceed social security coverage. Where the employer breached safety rules, the Social Security Institution may also pursue a recourse action against the employer to recover the benefits it paid out.
How do you prove a medical malpractice claim?
A medical malpractice claim succeeds where the claimant proves three things: that the provider deviated from the accepted standard of care, that the deviation caused the harm, and that measurable damage resulted. Turkish courts almost always commission forensic medical expert reports, typically from the Council of Forensic Medicine or a university medical faculty, to assess whether the standard was breached.
Failure to obtain proper informed consent before a procedure can ground a malpractice claim on its own, even where the procedure itself was performed correctly. The forum depends on the provider. Claims against public hospitals proceed as administrative actions before the administrative courts, with the state bearing initial liability and a possible recourse against the practitioner. Claims against private hospitals proceed through the civil courts, where both the hospital and the treating physician may be liable.
How are traffic accident and product liability claims handled?
Traffic accident claims draw on compulsory motor insurance as the first layer of recovery, then proceed against the at-fault driver or vehicle keeper for loss beyond the policy limits. Where the responsible vehicle is uninsured or unidentified, the statutory guarantee fund compensates the victim, so a hit-and-run does not leave the claimant without a remedy.
Product liability claims fall under the Consumer Protection Law No. 6502, which allows the injured party to pursue the manufacturer, importer, or seller for harm caused by a defective product. The claimant must prove the defect, the damage, and the causal link between them, although certain statutory presumptions can ease that burden in defined situations.
What is the process for filing a compensation claim?
A compensation claim moves through three stages: evidence gathering, mandatory mediation where it applies, and litigation before the competent court. Building the evidence file first is decisive, because Turkish courts decide damages on documentary proof and court-appointed expert reports rather than narrative.
- Evidence collection: assemble medical reports, accident and police reports, contracts, witness statements, photographs, and financial records showing the loss. Preserve electronic evidence such as messages and CCTV footage where it was obtained lawfully.
- Mandatory mediation: for labour, commercial, and consumer disputes, mediation must be attempted before a lawsuit is filed. A mediator facilitates negotiation, and many claims settle at this stage. A settlement reached in mediation carries the force of a court judgment.
- Filing and litigation: civil courts of first instance hear most claims, labour courts hear workplace accident cases, and administrative courts hear claims against public institutions. The court typically appoints independent experts to assess damages, medical causation, and the allocation of fault.
- Interim protection: the court may grant provisional attachment over the defendant’s assets to secure the eventual judgment while the case proceeds.
What is the time limit to file a compensation claim?
Turkish law sets short limitation periods for compensation, and missing them can bar an otherwise strong claim permanently. For tort claims, the standard period runs from the date the injured party learns of both the damage and the responsible party, subject to a longer absolute cut-off measured from the date of the wrongful act itself. Contractual claims run from the date the obligation fell due.
Two important extensions apply. Where the wrongful act also constitutes a crime, the longer criminal limitation period governs the civil claim. Limitation can also be interrupted by filing suit, applying for mediation, or an acknowledgement of the debt, which resets the clock. Because the applicable period depends on how the claim is characterised, the limitation analysis should be confirmed with counsel before relying on any single date.
How is the compensation amount calculated?
The court calculates compensation through expert reports rather than a fixed tariff, applying the principle of full compensation to pecuniary loss and judicial discretion to non-pecuniary loss. For lost income and loss of support, experts apply actuarial annuity methods that account for the victim’s age, income, life expectancy, and applicable discount rates.
Two factors commonly reduce or adjust the award. Comparative fault reduces compensation in proportion to the injured party’s own contribution to the harm, so a claimant assessed at part-fault recovers a reduced share. Legal interest, by contrast, increases recovery: for tort claims it generally accrues from the date of the wrongful act, and courts may also account for inflation when valuing long-term losses.
Can foreign nationals file compensation claims in Turkey?
Yes. Foreign nationals can bring compensation claims before Turkish courts for harm arising in Turkey. Jurisdiction usually follows the defendant’s domicile or the place where the wrongful act occurred, and conflict-of-law questions are resolved under the Private International Law and Procedure Code No. 5718. For cross-border torts, the law of the place where the act occurred typically governs the substance of the claim.
A foreign claimant may be required to post a litigation security deposit in some circumstances, although that requirement is waived for nationals of countries that have a relevant bilateral agreement with Turkey. Legal aid is available to qualifying claimants who cannot meet court costs. For clients based abroad, Serka Law manages the claim through power of attorney, so personal attendance in Turkey is rarely necessary.
Do you need a lawyer for a compensation claim?
A compensation claim turns on evidence, accurate damage calculation, and strict deadlines, which is where experienced counsel changes the outcome. A lawyer tests claim viability, preserves evidence, calculates the realistic value of pecuniary and non-pecuniary heads, files in the correct forum, manages mandatory mediation, and instructs private experts to answer court-appointed reports.
Counsel also protects the claim procedurally. Missing a limitation period or a procedural deadline can permanently end a claim, and an under-pleaded damages figure can cap recovery below the true loss. Serka Law’s litigation team works with medical experts, actuaries, and forensic accountants to document every head of loss, secures provisional attachment to protect assets, and carries the claim through appeal and enforcement.
Frequently asked questions
What types of compensation can I claim?
You can claim two categories of damages. Pecuniary (material) damages cover financial loss such as medical expenses, lost income, diminished earning capacity, property damage, and loss of support. Non-pecuniary (moral) damages compensate pain, suffering, and emotional distress. In cases of death or severe injury, close family members may claim non-pecuniary damages in their own right.
How long does a compensation lawsuit take?
First-instance proceedings usually run 12 to 24 months for straightforward claims. Complex cases that require multiple expert reports, such as medical malpractice or construction defects, can take longer. Appellate review at the regional court of appeal and, where escalated, the Court of Cassation adds further time, so a fully contested claim can span several years. Interim measures such as asset freezes can be obtained within days to protect the claimant while the case proceeds.
Is mediation mandatory before filing?
It depends on the claim. Mandatory mediation applies to commercial, labour, and consumer disputes and must be completed before a lawsuit is filed. For general tort claims between individuals, such as personal injury from an accident, mediation is voluntary but encouraged. If mandatory mediation fails, the non-settlement report is a prerequisite for filing the lawsuit, and any agreement reached in mediation carries the force of a court judgment.
How does comparative fault affect my compensation?
Comparative fault reduces compensation in proportion to the injured party’s own contribution to the harm. If a court finds the claimant partly responsible, it allocates a fault percentage and reduces the award accordingly, applying the reduction to both pecuniary and non-pecuniary damages. Court-appointed experts typically assess the fault split. In workplace accidents, an employer’s liability is rarely eliminated entirely even where the employee was partly negligent, because of the heightened duty of care.
What evidence do I need for a compensation claim?
You need four elements: proof of the wrongful act or breach, such as police reports, contracts, or witness statements; proof of the damage, such as medical reports, invoices, and financial records; proof of causation linking the act to the loss; and proof of fault for tort claims. Documentary evidence carries significant weight, and courts rely heavily on court-appointed expert reports for technical assessments. Lawfully obtained electronic evidence is admissible.
Can I claim compensation for a workplace accident on top of social security benefits?
Yes. Social security benefits and a civil compensation claim are separate. The Social Security Institution pays statutory benefits first, including incapacity allowances and any disability pension. You may then bring a civil claim against the employer for pecuniary and non-pecuniary damages that exceed those benefits. Where the employer breached safety rules, the institution may also recover its outlay from the employer through a recourse action.
Request a confidential case assessment
Serka Law Firm reviews compensation claims for clients in Turkey and abroad, assesses limitation deadlines, and values each head of loss before you commit to litigation. Request a confidential case assessment to discuss the merits, the likely timeline, and the realistic recovery in your matter.
Related services: employment and labour law, criminal cases and jurisdiction, business disputes, international commercial litigation, and debt collection and enforcement.
This page is general information, not legal advice. It does not create an attorney-client relationship, which is formed only by a signed engagement. Limitation periods and procedural requirements are time-sensitive and fact-specific; obtain advice on your own circumstances before acting.