Compensation claims in Turkey are the actions filed to recover the pecuniary or non-pecuniary damage suffered as a result of an unlawful act or a breach of contract, and they rest on Article 49 of the Turkish Code of Obligations No. 6098 (TBK), under which a person who causes damage to another by a faulty and unlawful act must remedy it unless they prove that they are not at fault, and on Article 112, which applies to a debtor who does not perform their obligation at all or as required. This guide summarizes the main types of cases and transactions in compensation law by subject group and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.
Which Compensation Cases Arise from Bodily Harm?
A person who suffers loss as a result of an event causing bodily harm may claim pecuniary and non-pecuniary damages. Pecuniary damages cover treatment costs, loss of earnings, loss arising from the reduction or loss of working capacity, and loss arising from the impairment of economic future; the action may arise from a traffic accident, medical malpractice, a work accident, a breach of contract or a tort.
- Actions for Pecuniary and Non-Pecuniary Damages Arising from Bodily Harm (in Turkish)
- Action for Pecuniary and Non-Pecuniary Damages Due to a Traffic Accident (in Turkish)
Which Claims Arise from Earthquakes, Unjust Enrichment and Personal Data Breaches?
Compensation may be claimed from those liable for pecuniary or non-pecuniary damage caused by an earthquake. In the case of unjust enrichment, the return of an acquisition that has no legal ground may be demanded from the person who obtained it. With regard to personal data, the data subject may use the application and complaint routes.
- Compensation Action Due to an Earthquake (in Turkish)
- Action for Receivables Due to Unjust Enrichment (in Turkish)
- What Is Personal Data Protection Law in Turkey? KVKK and Data Protection
Which Compensation Cases Arise from Medical Malpractice and Health Services?
Medical malpractice is damage to the patient resulting from a failure to exercise the required care and attention owing to a lack of knowledge, skill or experience. Besides errors by doctors, damage caused by other hospital staff or by deficiencies in hospital organization can also be the subject of compensation. Liability is assessed within the framework of service fault in state hospitals and of breach of contract in private health institutions.
- Action for Compensation Due to a Doctor's Error and Medical Malpractice (in Turkish)
- What Is a Complication, and How Is It Distinguished from Medical Malpractice? (in Turkish)
- Action for Compensation Due to a Faulty Cosmetic Operation (Malpractice) (in Turkish)
- Informed Consent in Medical Practice and Its Proof (in Turkish)
Which Compensation Cases Arise from Work Accidents and the Workplace?
In the event of a work accident, the employee may file an action for pecuniary and non-pecuniary damages for the loss suffered; an action for the determination of a work accident may also be brought to establish that the event was a work accident. Where there is psychological harassment (mobbing) originating from the workplace, an action for non-pecuniary damages due to mobbing may be filed.
- Action for Pecuniary and Non-Pecuniary Damages Due to a Work Accident (in Turkish)
- Action for the Determination of a Work Accident (in Turkish)
- What Is Mobbing at the Workplace? What Are the Rights of Employees Subjected to Mobbing? (in Turkish)
How Are Pecuniary and Non-Pecuniary Damages Assessed in a Divorce?
Pecuniary and non-pecuniary damages in a divorce are a type of compensation specific to divorce, which the spouse with the heavier fault must pay to the other spouse. For compensation to be awarded in a contested divorce, fault must be established; a spouse who is not at fault, or less at fault, may claim an appropriate amount of pecuniary damages, and a spouse whose personality rights have been violated may claim an appropriate amount of non-pecuniary damages.
- Pecuniary and Non-Pecuniary Damages in a Divorce (in Turkish)
- Divorce Action and Its Consequences: Maintenance, Compensation and Custody (in Turkish)
What Is the Compensation Claim Arising from Incorrect Keeping of the Land Registry?
The compensation claim arising from incorrect keeping of the land registry is the claim by which a person who has suffered damage because the state breached its obligation to keep the land registry correctly demands compensation from the state under the principles of strict liability.
- State Liability for Damages Due to Incorrect Keeping of the Land Registry (Article 1007 of the TCC) (in Turkish)
Is There a Separate Title of Compensation Lawyer?
No. Compensation lawyer, traffic accident lawyer or work accident lawyer are the names used for an attorney who handles actions for pecuniary and non-pecuniary damages; they are not a separate title.
Actions for compensation arising from a traffic accident, a work accident, medical malpractice or a violation of personality rights can be handled by any attorney registered with a bar association; Article 35 of the Attorneyship Law No. 1136 does not divide this authority by area of law. A person searching for a "compensation lawyer in Ankara" is therefore not looking for a separate professional group but for an attorney who handles compensation cases in Ankara.
An action for compensation arising from a traffic accident can also be filed before the court of the place where the accident occurred, under Article 110 of the Highway Traffic Law No. 2918; if the accident occurred in Ankara, a person searching for a "traffic accident lawyer in Ankara" is looking for an attorney who handles this action before the courts in Ankara. In an action for compensation arising from a work accident, Article 6 of the Labor Courts Law No. 7036 also gives jurisdiction to the court of the place where the accident or the damage occurred and to the court of the employee's domicile; the same applies to a search for a "work accident lawyer in Ankara".
Working with an attorney is not mandatory in these actions. A victim who cannot afford the costs may request legal aid under Articles 334 and 335 of the Code of Civil Procedure No. 6100; legal aid covers a temporary exemption from the costs of the proceedings and, where necessary, the provision of an attorney.
This article is for general information only and does not constitute legal advice.