A traffic accident, an accident at the workplace, a faulty medical procedure or a wrongful assault; these are events that can turn a person's life upside down in an instant. In such events, it is not only a physical or emotional burden that arises, but often serious economic losses as well. This is precisely where compensation law comes into play, aiming to remedy the loss suffered by a person who has been harmed as a result of a tort or a breach of contract. However, the compensation process involves many technical stages, from documenting the damage to determining the degree of fault, from establishing the causal link to keeping track of the limitation periods. As Av. Aydın, we provide our clients with holistic support at every stage, from the moment the incident occurs to the collection of the compensation claim. Setting up the process correctly from the outset with an experienced Izmir compensation lawyer both prevents loss of rights and ensures that the damage is claimed to its true extent.
Services We Provide as a Compensation Lawyer
Compensation law is a comprehensive field covering a broad body of legislation, chiefly the tort and breach of contract provisions of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu). Our service in this area is not limited to traffic accidents; almost every dispute in which a person is harmed as a result of an unlawful act falls within the scope of our work. An Izmir compensation lawyer, regardless of which side of the file they are on, must have command of substantive law and procedural rules and must be able to correctly assess the damage and the causal link. Our principal types of cases and proceedings are as follows:
- Pecuniary and non-pecuniary damages actions: These are actions aimed at remedying the losses incurred in a person's assets (pecuniary damage) and the pain, sorrow and suffering they have experienced (non-pecuniary damage) as a result of a tort or a breach of contract. Forming the basis of compensation law, these actions may arise from many different events.
- Compensation arising from traffic accidents: In fatal, injury-related or purely property-damage traffic accidents; loss of vehicle value, treatment expenses, temporary and permanent incapacity to work losses, and non-pecuniary damage claims are assessed within this scope. The application to the insurance company and the litigation processes are conducted together.
- Workplace accident and occupational disease compensation: For accidents occurring at the workplace or during the performance of the work, and for occupational diseases arising from working conditions, the pecuniary and non-pecuniary damage claims of the worker or their relatives against the employer are pursued under this heading.
- Medical malpractice (faulty medical procedure): These are actions aimed at compensating the damage that arises when a physician or a healthcare institution breaches its duty of care, resulting in harm to the patient. In these files, expert witness and specialist opinions play a decisive role.
- Compensation for loss of support: This is compensation aimed at remedying the economic loss suffered by the relatives (such as a spouse, children, mother and father) who are deprived of a person's support when that person loses their life as a result of a tort.
- Compensation arising from tort: This covers compensation claims arising when harm is inflicted on another person intentionally or negligently through an unlawful act. Damage arising from assault, damage to property or another unlawful act is assessed in this category.
- Compensation arising from breach of contract: These are actions relating to the compensation of the losses suffered due to a debt arising from a contract between the parties not being performed at all or not being performed properly.
- Compensation due to violation of personal rights: These are pecuniary and non-pecuniary damage claims that may be sought due to insult, defamation, violation of the privacy of private life, or attacks on personal rights through the press and social media.
- Compensation in fatal and injury-related accidents: These are compensation processes conducted to remedy the losses suffered by the victim or their relatives when death or bodily harm occurs as a result of not only traffic accidents but also workplace and household accidents and other events.
- Compensation arising from product liability and defective service: These are compensation claims that may be asserted against the manufacturer or service provider in respect of damage caused by a defective product or a faulty service.
- Compensation arising from the liability of the administration: These are full remedy actions (tam yargı davası) conducted before the administrative courts, relating to the compensation of damage arising in cases of service fault or strict liability of the public administration.
- Compensation arising from insurance disputes: These are application and litigation processes aimed at the collection of unpaid or underpaid compensation claims arising from comprehensive (kasko) insurance, traffic insurance and other insurance policies.
In all of these types of cases, an Izmir compensation lawyer must assess the file holistically, not only in terms of the existence of the damage but also in terms of who is at fault, whether a causal link can be established, and whether the heads of damage are calculated correctly. As Av. Aydın, we believe that looking at compensation files from this multidimensional perspective is decisive for ensuring that the damage is claimed to its true extent.
The Difference Between Pecuniary and Non-Pecuniary Damages
The most frequently encountered distinction in compensation law is the distinction between pecuniary damages and non-pecuniary damages. Although these two concepts are often claimed together, their bases and the way they are calculated differ from one another. A correct compensation claim begins with establishing this distinction clearly.
Pecuniary Damages
Pecuniary damages aim to remedy the concrete losses incurred in a person's assets as a result of a tort or a breach of contract. Within this scope, many heads may be included, such as treatment expenses, hospital and surgery costs, loss of income due to loss of earning capacity, temporary and permanent incapacity to work losses, loss of vehicle value, repair costs and funeral expenses. The aim of pecuniary damages is to restore the injured person, as far as possible, to the economic situation they were in before the harm occurred. For this reason, it is of great importance that the damage is demonstrated concretely with documents and, where necessary, with expert reports. An Izmir compensation lawyer ensures that the pecuniary damage is calculated completely with all its heads and that it is claimed without any head of right being overlooked.
Non-Pecuniary Damages
Non-pecuniary damages, on the other hand, aim to provide at least some remedy for non-material harm such as the pain, sorrow, suffering and mental distress a person has experienced. The pain suffered by a person injured in a traffic accident, the deep sorrow experienced by a family that has lost a loved one, or the moral devastation caused by an attack on personal rights all fall within this scope. Since non-pecuniary damages do not have an equivalent that can be measured in money, the amount is determined by the judge taking into account criteria such as the economic situation of the parties, the severity of the fault and the extent of the damage. Non-pecuniary damages aim not to enrich the injured person but to partially ease the pain they have experienced. For this reason, the claim must be asserted in a manner that is realistic and consistent with the circumstances of the file.
Fault, Causal Link and Unlawfulness
For a compensation claim to be well founded, the mere existence of a damage is not sufficient. Under the Turkish Code of Obligations, in order to establish liability arising from tort, as a rule four elements must be present together: an unlawful act, a damage arising as a result of that act, fault, and the causal link between the act and the damage.
An unlawful act is an impermissible conduct directed at a value protected by the legal order. Damage is the diminution occurring in a person's assets or moral values. Fault is the person who committed the act having acted with intent or negligence; however, in some cases the law provides for liability even where fault is not required. The causal link, in turn, expresses that the damage arose directly from that unlawful act.
The causal link is the backbone of compensation law: no matter how severe the damage may be, if no causal link can be established between the damage and the act, compensation cannot be claimed.
In some situations the causal link may be severed, or the injured party's own fault may affect the amount of compensation. For example, if the injured party is also at fault in a traffic accident, the compensation may be reduced according to the degree of fault. For this reason, correctly demonstrating the degrees of fault and the causal link is a technical matter that often requires an expert examination. An Izmir compensation lawyer ensures that these elements are established completely in the file and that the distribution of fault is assessed correctly in favor of the client.
Cases of Strict Liability
In compensation law, the rule is fault-based liability; that is, a person is held liable only for the damage they cause through their faulty conduct. However, the law provides for liability in certain cases even where fault is not required. These situations are referred to as strict liability and arise in particular in dangerous activities or in cases of liability for the conduct of others.
Principal examples of strict liability include the danger liability arising from the activity of an enterprise, the liability of the operator of a motor vehicle, the liability of the owner of a structure, the liability of the keeper of an animal, and the liability of the employer (the person who employs others). For example, in traffic accidents, the operator of the vehicle may, under certain conditions, be liable for the damage that arises even where they are not at fault. Similarly, an employer may be held liable for the damage caused to third parties by their employee during the performance of the work. Correctly identifying these cases of liability determines against whom and on what legal basis the file will be pursued. An Izmir compensation lawyer assesses whether fault-based liability or strict liability is at issue in the specific case, ensuring that the action is placed on the soundest footing.
How Is the Amount of Compensation Calculated?
One of the most frequently wondered-about matters in compensation actions is how the amount that can be claimed is determined. Since the aim in pecuniary damages is to restore the injured person to their condition before the harm occurred, the calculation is made on the basis of the concrete heads of damage. These heads vary according to the type of file.
For example, in an accident resulting in bodily harm; treatment and care costs, loss of earnings arising from loss of earning capacity, temporary and permanent incapacity to work losses, and losses arising from the disruption of one's economic future are taken into account. In the case of permanent incapacity to work, actuarial calculations are made taking into account the person's age, occupation, income and degree of disability. In the case of death, the loss of support suffered by those deprived of support is likewise determined through scientific and actuarial methods. These calculations are generally carried out by expert witnesses and form the backbone of the file.
In non-pecuniary damages, on the other hand, there is no specific calculation formula; the amount is subject to the discretion of the judge. The judge determines an amount consistent with equity by assessing together the economic and social situation of the parties, the severity of the fault, the manner in which the event occurred and the extent of the damage. Setting up the compensation calculation correctly ensures both that the claim does not fall short and that it is not unnecessarily rejected. For this reason, an Izmir compensation lawyer attaches importance to the complete determination of the heads of damage and to the careful examination of the expert reports.
Limitation Periods in Compensation Actions
One of the most critical matters in compensation law is keeping track of the periods correctly. For compensation claims arising from tort, the Turkish Code of Obligations provides for a dual period in terms of limitation. The injured party must file their action within a relatively short period beginning from the date on which they learn of the damage and of the party liable for compensation; and in any event within a longer maximum period running from the date on which the act was committed. These periods run together, and whichever expires first, the right to claim may be time-barred at that moment.
If the act giving rise to the compensation at the same time constitutes an offense, and a longer limitation period is provided for that offense under the criminal law, then this longer criminal limitation period may also be applied in respect of the compensation claim. For compensation claims arising from breach of contract, on the other hand, different limitation periods are at issue. Since the starting point and the type of the periods, and which period applies to which event, require a technical assessment, the file needs to be examined before specifying a definite period in respect of a specific provision. For this reason, applying to an Izmir compensation lawyer without delay when a compensation event is encountered prevents loss of rights due to limitation.
Izmir Compensation Lawyer Fees
The compensation lawyer's fee is among the first matters that most people wonder about at the beginning of the process. The most important factor determining the fee is the type of file, the amount of compensation claimed, the complexity of the fault and the causal link, and the anticipated workload. An application relating only to loss of vehicle value and a compensation for loss of support action that may take years and require expert examinations differ greatly from one another in terms of the effort they require. The table below has been prepared to provide a general framework regarding pricing; it is not a definite figure but is intended to show the factors affecting the fee.
| Proceeding / Type of Case |
Principal Factors Affecting the Fee |
| Traffic accident compensation (loss of value, injury) |
Type and magnitude of the damage, dispute over the degree of fault, insurance process and need for an expert witness |
| Workplace accident and occupational disease compensation |
Degree of disability, distribution of fault, actuarial calculation and duration of the proceedings |
| Compensation for loss of support |
Number of those receiving support, scope of the actuarial calculation and complexity of the file |
| Medical malpractice action |
Intensity of expert witness and specialist opinion, extent of the damage and need for technical examination |
| Non-pecuniary damages action |
Nature of the event, amount claimed and scope of the file |
| Legal consultancy / preliminary meeting |
Scope of the issue and the examination it requires |
Attorney fees can under no circumstances be set below the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff safeguards the minimum value of the attorney service and constitutes the lower limit of pricing. In compensation actions, the fee may often also be agreed on a proportional basis, that is, on the basis of a certain percentage of the amount of compensation awarded or claimed at the end of the case; this percentage and its principles are determined by the contract between the client and the attorney. As Av. Aydın, after assessing your file and clarifying its scope in the preliminary meeting, we provide transparent information about the fee; committing to a definite figure without examining the specific file would not be a correct approach.
It is also necessary to draw attention to a distinction that is frequently confused here. The attorney fee paid to the attorney is the consideration for the attorney service and is based on the contract between the client and the attorney. By contrast, litigation costs are the heads paid to the state or to third parties during the litigation process, such as court fees, expert witness fees, witness and inspection costs, postage and notification expenses. In compensation actions, the fees charged on the value of the case may constitute a significant head. Furthermore, depending on the outcome of the case, the counterparty attorney fee that the court may impose on the losing party may also come into play; this fee is a concept distinct from the fee set out in the contract made with the attorney. Discussing these heads openly from the outset when working with an Izmir compensation lawyer prevents surprise costs and makes the process predictable.
Who Is the Best Compensation Lawyer in Izmir?
One of the most searched questions on the internet is "Who is the best compensation lawyer in Izmir?" It should be stated with an honest approach that there is no single "best" attorney valid for every file. The correct expression is not the "best" attorney but the most suitable attorney for the file. This is because every compensation file has its own particular circumstances, the nature of the damage, the situation of fault and the method of calculation. A loss of vehicle value file and a workplace accident resulting in severe disability or a medical malpractice action require very different expertise and technical knowledge. For this reason, instead of a search for the "best," it is much healthier to focus on finding the attorney suited to the requirements of your file.
Some criteria that can be assessed when choosing a good compensation lawyer are as follows:
- Experience and area of expertise: The attorney's accumulated experience in the field of compensation law and in disputes similar to the one in your file (traffic, workplace accident, malpractice, etc.) is important.
- Command of calculation and expert witness matters: A good compensation lawyer can correctly assess actuarial calculations and expert reports and can object in a timely manner to incomplete or erroneous calculations.
- Communication and transparency: Working with an attorney who explains the process in an understandable way, presents a realistic picture and does not make exaggerated promises of amounts inspires confidence.
- Command of insurance and litigation processes: Especially in traffic accidents, it is important to be able to correctly make the choice between applying to the insurance company, the Insurance Arbitration Commission and the path of litigation.
- Commitment to professional ethics: An attorney who makes an honest and realistic assessment should be preferred, rather than one who gives guarantees such as "we will definitely obtain this much compensation."
It should be known that no attorney can guarantee the outcome and the amount in advance in compensation actions; because the decision depends on the situation of fault, the expert calculations and the discretion of the court. When choosing an Izmir compensation lawyer, preferring an attorney who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises you a definite amount, will be in your interest in the long run. As Av. Aydın, our approach is to avoid exaggerated promises and to work, by presenting our client with a genuine picture, so that the damage is compensated in the most accurate way.
Points to Be Considered in the Compensation Process
The compensation process is one that, when managed correctly, prevents loss of rights, and when neglected, can lead to consequences that are difficult to remedy. The steps taken immediately after the event often directly affect the outcome of the file. The most frequently encountered points requiring attention are as follows:
- Timely collection of evidence: Collecting evidence such as the accident report, hospital and treatment records, witness information, and photographic and video recordings immediately after the event is of great importance.
- Keeping track of limitation periods: It must not be forgotten that compensation claims are subject to a period and that if the period is missed, the right to claim may be lost.
- Obtaining disability and damage reports correctly: Medical board reports showing the degree of permanent incapacity to work form the basis of the compensation calculation; these reports must be obtained in accordance with procedure.
- Making the insurance application correctly: Especially in traffic accidents, applying to the insurance company before filing an action is often mandatory; omitting this step may lead to the file being rejected on procedural grounds.
- Caution regarding releases before the amount is determined: Release (waiver) documents signed in exchange for low-amount payments proposed by the insurance company or the counterparty may result in the remaining rights being waived.
Overlooking these points often leads to the compensation claim falling short or being lost entirely. Working with an Izmir compensation lawyer from the very beginning of the process ensures that these risks are anticipated in advance and that the necessary steps are taken in a timely manner.
Stages of a Compensation Action
A compensation action consists of certain procedural stages, and each stage has its own function. The process generally begins either with the exhaustion of the mandatory application path where there is one (for example, applying to the insurance company in traffic accidents) or directly with the preparation and filing of the statement of claim. This is followed by the submission of the statement of defense by the defendant party, the mutual pleadings of the parties and the preliminary examination stage; at this stage the matters in dispute and the value of the case are clarified. At the investigation stage, evidence is collected, witnesses are heard, and the fault and calculation expert reports that are decisive in most compensation files are obtained. Finally, the court gives its decision by assessing the collected evidence and the expert reports. Against the decision, if the conditions are met, an appeal on facts and law and subsequently an appeal on points of law may be lodged. After the decision becomes final, the compensation claim is collected through enforcement proceedings where necessary. Correctly keeping track of the periods and the procedural rules at each of these stages is important for the sound progress of the file.
Our Approach as Av. Aydın
Compensation law is a technical and multifaceted field in which the law of obligations, insurance law, health law and procedural law are intertwined. The particular circumstances of each file, the nature of the damage, the situation of fault and the method of calculation require a different legal strategy. As Av. Aydın, we first assess the file holistically, examine the fault and the causal link in detail, determine the heads of damage completely, and strive to prevent possible loss of rights from the very beginning of the process.
We provide support to our clients in Izmir and its surroundings in every area, from traffic accident and workplace accident compensation to compensation for loss of support and medical malpractice actions, from insurance applications to compensation claims for violation of personal rights. Our aim is not merely to conclude the case; it is to ensure that the damage is claimed to its true extent, without any head being overlooked. The most frequently encountered losses of rights in compensation files arise from missing the limitation periods, poorly prepared disability reports, incorrectly calculated heads of damage and release documents signed without due consideration.
Being subjected to an accident, a tort or a faulty procedure is one of the most difficult periods in a person's life. Having an experienced legal advisor by your side during this process both protects your rights and ensures that the process proceeds in a more predictable and less exhausting manner. You can contact our office with any questions you may have regarding compensation law.
