The amount paid as compensation for material or moral damages resulting from an unlawful act, the scope, nature, or method of determining compensation is an important issue.
Ankara Compensation Lawyer – Compensation is a monetary value or action paid by the responsible party to the injured party or ordered to be paid by the court for the purpose of remedying the damage.
Compensation is divided into two types: material and moral. Material compensation is the compensation for the decrease in the property of the person exposed to unlawful behavior. Moral compensation is the compensation for the pain, suffering, and mental distress experienced by the person whose personal rights have been violated due to unlawful behavior.
What is Material Damage? How is Financial Compensation Determined?
Material damage is the difference between the situation of the person exposed to the harmful act as a result of the harmful act and the situation prior to this act. This decrease in assets must be caused by the wrongful act and must be real.
There are two types of material damage:
Actual damage (active decrease in assets),
Lost profits.
If the damage is concrete and determinable, the plaintiff’s task is easy. Determining lost profits can be difficult. In cases where the actual amount of damage cannot be determined, the plaintiff’s burden of proof is lightened, and the determination of the damage is left to the judge. The judge fairly assesses the amount of damage, taking into account the normal course of events, the economic and social situation of the injured person, and the measures taken.
When is material damage calculated?
In practice, as a rule, it is calculated based on the date the damage occurred. The damage incurred between the date the damage occurred and the date of the decision is compensated with interest.
What benefits will be deducted from the damage?
It is also possible that the property of the person who suffered damage as a result of the wrongful act may increase. In this case, to find the net damage, the amount of increase in property resulting from the wrongful act must be deducted from the gross damage. For example, if a vehicle worth 20,000 TL is completely damaged in a traffic accident and its scrap value is sold for 5,000 TL, the scrap value is deducted from the damage, and the net damage is found to be 15,000 TL.
In cases of wrongful acts, the damage (including reasons for reduction) is first calculated, and then compensation is determined. For example, after the fault of the other party is deducted from the damage and the payment made by the insurance company is made, a decision is made to collect the remaining amount.
After the damage is determined, compensation must be determined by evaluating the characteristics of the incident. According to Article 51 of the Turkish Commercial Code, the judge will determine the scope and form of payment of compensation, taking into account the necessity of the situation and, in particular, the severity of the fault. Article 52 of the Turkish Commercial Code regulates the reasons for deductions from compensation.
Financial compensation will be determined taking these matters into account.
What are the Reasons for Deductions from Material Compensation?
The minor nature of the fault of the party causing the damage or additional fault (TCC 51/1 M)
Consent of the injured party to the damage (TCC 52/1 M)
Negligence of the injured person (TCC 52/1 m)
Deterioration of the injured person’s financial situation due to compensation (TCC 52/2 m)
Reasons arising from the characteristics of the incident
a) Unexpected events
b) The injured person’s innate ability
c) Weak causal connection
d) Carrying a memory
Persons harmed by wrongful acts may file a compensation claim against the person who caused the damage to compensate for these losses. Those wondering how and why compensation claims can be filed should first know what type of compensation claim to file. Those whose personal rights have been violated may file a moral damages lawsuit, while those who have suffered material loss have the right to file a material damages lawsuit. In compensation lawsuits, it is advisable to seek professional legal assistance due to the reasons, evidence, and, if necessary, expert examinations that will determine the outcome of the case.