Legal representation in compensation processes for material and moral damages.
Compensation law aims to remedy the damage caused by an unlawful act, breach of contract, accident, or professional error. Material damage concerns calculable economic losses; moral compensation involves evaluating the suffering, pain, and violation of personal rights experienced by the individual in the context of the specific incident.
Attorney Ahmet Emre Çimen first examines the source of liability in compensation cases, then the elements of damage and the causal link. Directing the claim to the right person, for the correct legal reason, and within the time limit is more important than requesting a high amount.
Basic Elements of a Compensation Claim
In general, unlawful act or breach of contract, damage, fault or cause of special liability, and the connection between the incident and the damage are investigated. In some types of liability, the fault requirement may vary. Therefore, each incident cannot be handled with the same calculation method.
How is Material Damage Determined?
Treatment and care expenses
Temporary or permanent incapacity for work
Loss of support damage
Vehicle repair and depreciation
Loss of earnings and business stoppage
Damage to goods or real estate
Other documentable mandatory expenses
In cases where the damage is not only the total of invoices, expert appraisal by a specialist may be required. Data such as income, age, fault, disability, and date of the incident affect the result.
Assessment of Non-Pecuniary Compensation
The purpose of moral compensation is not to punish or enrich. The severity of the violation, the circumstances of the parties, the impact of the incident, and fairness are considered together. Health reports, psychological effects, and the concrete consequences of the event on life should be explained.
Traffic Accidents and Vehicle Depreciation
The accident report, fault assessment, policy, repair invoice, appraisal, and vehicle history form the basis of the file. Bodily injury, loss of support, repair costs, depreciation, and loss of earnings are different claim items. The conditions for applying to the insurance company and the court procedure should be examined according to the type of claim.
Compensation Arising from Work Accidents
In a work accident, occupational health and safety measures, training, equipment, the incident site, and the fault of the parties are investigated. Requests directed to the employer or other responsible parties are separated from SGK (Social Security Institution) procedures. Evidence in the criminal investigation may also be important for the civil lawsuit.
Medical Malpractice Claims
Not every unwanted medical outcome means an error. Medical standards, informed consent, record-keeping, timing of intervention, and connection with the outcome require expert examination. The application process may differ for public hospitals, private hospitals, and healthcare personnel.
FilePriority documentTechnical examination
Traffic accidentReport, policy, medical recordFault and actuarial
Loss of valueDamage and repair recordsVehicle appraisal
Work accidentSocial Security Institution, training and incident site recordFault and disability
MalpracticePatient file and consentMedical standard
Breach of contractContract and payment recordsDamage and causation
Early Preservation of Evidence
Camera footage can be deleted, vehicles may be repaired, or digital correspondence may be lost. It is important to collect photographs, reports, medical records, payment documents, and witness information at an early stage. If necessary, options for evidence detection and expert opinion are considered.
Statute of limitations and application order
The statute of limitations varies depending on the source of liability and the nature of the event. It should be determined initially whether an insurance application, administrative application, mediation, or direct lawsuit is required. An application submitted to the wrong authority does not always preserve the time limit.
Frequently Asked Questions
Can material and moral compensation be requested together?
If the conditions are met separately, they can be requested together for the same event.
Must one be faultless for vehicle depreciation?
The degree of fault may affect the claim; the vehicle and damage history are also examined separately.
Can a lawsuit be filed directly against the insurance company?
Depending on the type of claim, preliminary application or other lawsuit conditions may exist.
Can compensation be obtained from malpractice because the outcome was bad?
No. Deviation from the standard, damage, and causality must be demonstrated through expert assessment.
Can the amount of compensation be calculated definitively from the start?
It is not possible to give a definite figure in most cases before documents and technical data are completed.
In a compensation file, the proof plan, correct claim items, and time tracking should be handled together. Lawyer Ahmet Emre Çimen plans the process according to the characteristics of the file, from documenting the damage to applying to the opposing party or insurance.