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Ankara --:-- · — bilgi@utuhukuk.com 0536 593 16 00

Practice Area · 13

Compensation Law

Pecuniary and non-pecuniary compensation claims arising from tort, road and workplace accidents, malpractice and breach of contract.

Last updated: · UTU Hukuk & Danışmanlık

0536 593 16 00

Two questions are decisive in compensation files: how the loss is calculated and how fault is apportioned. The actuarial calculation report and the expert report on fault come, in most files, before the judgment itself; objections to those reports are therefore the most technical part of the file.

UTU Hukuk & Danışmanlık handles compensation for bodily injury and loss of support arising from road accidents, compensation for workplace accidents and occupational disease, claims arising from the liability of physicians and hospitals, and claims for non-pecuniary damages for infringement of personality rights.

Compensation law support in Ankara begins with building a complete chain of evidence, from the accident report to the hospital records.

Scope

Which Compensation Law matters do we handle?

UTU Hukuk provides litigation and advisory services in Ankara in Compensation Law on the following matters: Road accident compensation, Workplace accident compensation, Malpractice, Infringement of personality rights, Breach of contract and Review of actuarial calculations. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.

01

Road accident compensation

Bodily injury, permanent incapacity, treatment expenses and loss of support compensation.

02

Workplace accident compensation

Establishing employer fault, pecuniary and non-pecuniary damages, and defence against social security subrogation claims.

03

Malpractice

Liability of the physician and the healthcare institution, absence of informed consent, and the distinction from an accepted complication.

04

Infringement of personality rights

Non-pecuniary damages for insult, defamation, breach of privacy and infringement of personality rights through the press.

05

Breach of contract

Compensation for loss arising from defective performance, delay and wrongful termination of contract.

06

Review of actuarial calculations

Scrutiny of the reports on which the compensation calculation is based, and preparation of objections.

Authorities

Which authorities hear Compensation Law cases?

Depending on their nature, Compensation Law cases are handled before Civil Court of First Instance, Commercial Court of First Instance, Labour Court and Mediation Office. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.

  • Civil Court of First Instance
  • Commercial Court of First Instance
  • Labour Court
  • Mediation Office

Process

How do we work?

Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.

01

Preliminary meeting

We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.

02

Document review

Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.

03

Roadmap

Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.

04

Execution and reporting

Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.

Q & A

Compensation Law — frequently asked questions

In tort it is, as a rule, two years from learning of the damage and the tortfeasor, and in any event ten years. If the act also constitutes a criminal offence, the longer criminal limitation period applies.

The economic and social circumstances of the parties, the gravity of the incident, the degree of fault and the extent of the suffering are assessed together. It is essential that the award is not a means of enrichment.

You can. Contributory fault does not extinguish compensation altogether; it merely requires a reduction in proportion to the degree of fault.

It must be established that the physician acted in breach of the duty of care, that there is a causal link between that conduct and the damage, and that the incident went beyond the limits of an accepted complication.

Mediation is a condition of action for compensation claims of a commercial nature and those arising from employment law. For certain claims in tort it is voluntary.

Let us assess your file together.

At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.

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