The scope, nature or how to determine the Financial Compensation for Tort is an important issue. Compensation is the price paid in return for material or moral damage caused as a result of an unlawful act (tort), damage compensation.
Ankara Compensation Lawyer – Compensation is a monetary value or act that is paid by the responsible party to the injured party or decided to be paid by the court in order to remedy the damages.
Compensation is divided into two as material and non-pecuniary. Financial compensation; It is the compensation for the decrease in the property of the person who is exposed to the unlawful behavior. Moral compensation; It is the eyebrow of the pain, suffering and mental breakdown of the person whose personal rights are violated by illegal behavior.
What is Material Damage? How is Financial Compensation Determined?
Material damage is the difference between the situation that occurred as a result of the damaging action in the property of the person who was subjected to the damaging action and the situation that existed before this action. This decrease in assets must be due to the wrongful act and be real.
Material damage is of two types:
Actual loss (active decrease in assets),
Deprived profit
If the damage is tangible and identifiable, the plaintiff’s job is easy. It may be difficult to determine the deprived profit. In cases where the actual amount of the damage cannot be determined, the burden of proof of the plaintiff is lightened and the determination of the damage is left to the judge. The judge evaluates the amount of damage fairly, taking into account the normal course of events, the economic and social situation of the injured person, and the measures taken.
According to which dates is material loss calculated?
In practice, as a rule, it is calculated according to the date of the damaging event. The loss that occurs between the date of the loss and the date of the decision is covered with interest.
What are the Benefits to be Deducted from the Loss?
It is also possible that an increase in the assets of the person who has been damaged as a result of the tortious act may occur. In this case, in order to find the net loss, the amount of increase in the assets as a result of the wrongful act must be deducted from the gross loss amount. For example, if the vehicle worth 20,000 TL is completely damaged as a result of a traffic accident and its scrap is sold for 5000 TL, the actual loss is found as 15,000 TL by deducting the scrap value from the loss.
In the case of tortious acts, first the damage (including the discount reasons) is calculated and then the compensation. For example, after deducting the other party’s fault from the amount of damage, and then the payment made by the insurance, it is decided to collect the remainder.
Determination of Financial Compensation
After the damage is determined, it will be necessary to determine the compensation by evaluating the characteristics of the event. According to Article 51 of the Turkish Code of Obligations, it is stated that the judge will determine the scope of the compensation and the form of payment, taking into account the necessity of the situation and especially the gravity of the fault. In Article 52 of the Turkish Code of Obligations, the reasons for deduction from compensation are regulated. Financial compensation will be determined by taking these matters into account.
What are the Reasons for Discount from Financial Compensation?
The lightness or additional fault of the offender’s fault
consent of the injured party
the injured party’s fault
Worsening of the financial situation of the injured person due to compensation
Causes arising from the characteristics of the event
a) Unexpected events
b) The inherent ability of the injured person
c) Weak causal link
d) Carrying a memory
Persons who have been harmed due to tortious acts may file a claim for compensation against the person who caused the damage in order to compensate for these losses. Those who wonder how and why compensation lawsuits can be filed should first know what type of compensation lawsuit they will file. While those whose personal rights have been attacked can sue for non-pecuniary damage, in case of material loss, they have the right to file a lawsuit for pecuniary damage. In compensation cases, it would be appropriate to seek professional legal assistance, as the grounds of action, evidence and, if necessary, expert examinations will determine the outcome of the case.
