What is the Material and Moral Compensation Case?

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Compensation disputes arising from tort or any other reason are examined within the framework of Compensation Law.

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Generally;

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• Material Indemnity Case

• There is a Moral Compensation Case.

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In cases of pecuniary and non-pecuniary damages; Within the scope of the Law of Obligations, it covers many different legally important cases such as breach of contract, injury or death after work accident, injury or death after traffic accident, divorce case.

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The lawyers who deal with the compensation lawsuits filed are often referred to as compensation lawyers among the public. Lawsuits for pecuniary and non-pecuniary damages can be filed simultaneously or individually.

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What is the Material and Moral Compensation Case?

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​​In Compensation Law; As a result of unlawful actions or transactions, a lawsuit for pecuniary damages is filed in order to compensate for the decrease in the assets or the material damages that occur.

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Cases for pecuniary damages; It covers issues such as incapacity, loss of support due to death, property damage, disability. Since it is not of a commercial nature, all compensation cases are heard in the Civil Courts of First Instance. Civil Courts of First Instance hear the case regardless of the compensation amount.

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Non-pecuniary damages; It is a type of lawsuit filed in order to eliminate the moral deprivation of the person due to reasons such as sadness, trauma, pain and weariness that occur in the individual as a result of unlawful actions or transactions.

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What are the Types of Compensation Lawsuits?

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In the Law of Compensation, two types of lawsuits can be filed as pecuniary damages and non-pecuniary damages. Lawsuits for pecuniary and non-pecuniary damages are divided into some subject headings.

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• Employee severance pay case

• Compensation lawsuit for wrongful detention

• Litigation for pecuniary and non-pecuniary damages due to divorce

• Compensation lawsuit to be filed due to occupational disease

• Litigation for pecuniary and non-pecuniary damages that may occur after a traffic accident

• Job security compensation case

• Compensation cases resulting from the protection of personal rights

• There are many different types of compensation cases, such as pecuniary and non-pecuniary damages arising from faulty doctor practice.

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What is important here is whether there are valid reasons for determining the pecuniary and non-pecuniary compensation.

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On What Reasons Can a Moral Compensation Case Be Filed?

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In order to file a lawsuit for non-pecuniary damage within the Law of Compensation, certain conditions must be met. Compensation; It is a request for payment for the compensation of the damage as a result of the unjust acts suffered by the person, the painful events that cause him to feel anguish and grief.

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For non-pecuniary damages pursuant to Articles 56 and 58 of the Turkish Code of Obligations;

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• Damage to bodily integrity

• be severely injured

• Unlawful act resulting in death

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In cases of non-pecuniary damage, as a result of the damage to personal rights, with the occurrence of these reasons, non-pecuniary damages can be filed.

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What are the Reasons for Opening Compensation Lawsuits?

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Compensation lawsuits can be filed for many different reasons. In order to file a claim for compensation, the person must suffer damage due to the tortious act. Claims for damages involve the determination of damage and are therefore also referred to as determination cases.

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Compensation cases;

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• due to divorce

• Due to engagement

• Injuries and deaths due to work accidents

• In cases where doctor practices are wrong

• It can be opened in cases such as attacks on personal rights with insults.

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In compensation cases; The person who filed the lawsuit goes to the way of proving that he has suffered damage. The statute of limitations must not be exceeded. In cases where fault is sought, the person suing for compensation must prove that the person he/she is the plaintiff has inflicted damage and that the person who is sued is at fault.

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How to File a Compensation Case as a result of a Traffic Accident?

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Within the scope of Compensation Law, the victim has the right to file a lawsuit for material or moral compensation in return for death, injury or loss of property as a result of a traffic accident.

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The plaintiff in the traffic accident that occurred; It may be the injured person or it may be a family member of the injured person. However, according to the law, the relatives of the injured are only entitled to moral compensation.

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In the event that traffic accidents result in death; Anyone who is obliged to take care of the deceased can file a claim for compensation. The person who died in the accident; Spouse, children, mother or father can sue without any proof.

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Individuals and institutions are also included in the compensation lawsuit to be filed as a result of a traffic accident.

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• vehicle driver

• vehicle owner

• Business owner

• insurance companies

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Competent courts also vary in compensation cases filed as a result of traffic accidents.

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• Courthouses in the defendant's place of residence

• Courthouses in the plaintiff's residence

• A lawsuit can be filed in courthouses where the insurance company is located.

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The courts in charge of compensation cases to be filed in these courthouses are; Civil Courts of First Instance and Commercial Courts of First Instance.

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How to File a Compensation Case in Divorce?

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The periods when family unity starts to deteriorate and lawsuits are filed are quite stressful for both parties. In addition to the uncontested divorce, contested divorce cases that take place over a long period of time can be filed.

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The important point here is the protection of the rights of the person in case the institution of marriage is terminated. Many issues such as alimony, compensation, custody form the main subject of contentious divorce cases.

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According to this;

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• The parties, the rights that are or expected to be, the person who will be damaged in case of divorce can file a lawsuit for financial compensation.

• Due to divorce, the person whose personal rights have been attacked has the right to file a lawsuit for non-pecuniary damage.

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Article 174 of the Turkish Civil Code is valid for demanding compensation in divorce cases.

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Compensation Law; What are the Compensation Lawsuits to be Filed Due to Doctor's Error?

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In Compensation Law, there is a compensation case to be filed due to doctor's error. Patient; may file a claim for damages against the doctor, hospital or staff. In cases where the doctor's error occurs, the subject of the lawsuit to be filed is the violation of medical standards.

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Persons who have suffered mental and physical damage due to doctor's error have the right to file a lawsuit for material and non-pecuniary damage. It should also be known that the doctor will not be held responsible for the complications that develop despite the appropriate treatment methods.

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What is the Right to Compensation in Case of Unjust Detention?

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According to the Code of Criminal Procedure, detention and detention can be made illegally. In such a case, the person arrested or detained has the right to file a lawsuit for compensation.

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If the person is acquitted as a result of the lawsuit, it is deemed to have been treated unfairly. The decision of non-prosecution given by the prosecutor's office is also accepted as proof that the person is innocent. In such a case, the detained person has the right to file a lawsuit for both pecuniary and non-pecuniary damages.

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Compensation Law; What Do Compensation Lawyers Do?

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Lawyers have certain areas of expertise. However, it is known that lawyers do not only take cases related to their area of expertise. Although they take on different cases, specialized compensation lawyers dedicate themselves to compensation litigation;

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• He can write petitions to open a lawsuit for pecuniary and non-pecuniary damages.

• They can get into compensation cases.

• It can track files.

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By meeting with a lawyer who is expert and experienced in his field, you can get professional support and ensure that your rights are defended in the best way possible in all kinds of material or moral compensation cases.

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Compensation Law; How Long Does it Take for Material and Moral Compensation Cases to be Completed?

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In compensation cases; There are many stages such as hearing the parties, hearing the witnesses, proving the claims, calculating the disability rates, determining the fault.

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In case of any objection of the parties against the detection of fault created by the expert, the file must be sent to the expert again. In such a case, compensation cases can be concluded in approximately 1-2 years.

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Compensation Law; What Fee Is Required To File A Compensation Case?

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Within the scope of Compensation Law, there is the right to open pecuniary and non-pecuniary damages. Each case has a certain fee and expense. In the event that the lawsuit is filed, the amount of the fee compensation lawsuit is calculated over the amount of pecuniary and non-pecuniary damages. In order to send the notifications in the lawsuit filed, some expenses must also be incurred.