Compensation Law

Compensation is the money paid by the relevant parties in return for material or moral damage resulting from an unlawful act. In some exceptional cases, things that have no monetary value may also be compensation. Such as publishing the decision in the newspaper, on social media, or apologizing. However, these are almost non-existent in our law, and when compensation is mentioned, the payment of money almost always comes to mind.

The person who caused the damage in the event that gave rise to compensation may have done the action in question knowingly and willingly, that is, on purpose, or he may have done it unknowingly, unintentionally, accidentally, that is, through negligence. For example, no one wants traffic accidents to occur, but accidents occur due to reasons such as negligence, carelessness and imprudence. Depending on the extent of negligence of the person who caused the accident, it is determined how much of the damage will be responsible.

While non-intentional damages are colloquially caused by accident, it is certain that one will also be held responsible for intentional damages. For example, puncturing a person’s car tires, breaking his nose by punching him, or causing any other damage will result in the full loss being covered. However, intentional harm does not always have to constitute a crime. For example, if one spouse cheats on the other within a marriage or acts unfaithfully, it requires compensation even though it is not a crime.

Apart from these two cases, compensation may also be possible in cases of violation of various agreements. In commercial relations, if a job cannot be completed on time and the party who cannot do so is decided to pay compensation, this will occur. If an employee is unfairly dismissed, some special compensation arising from the law may be paid. Such as severance pay and notice pay.

While the amount of compensation may vary depending on the type of damage, the economic situations of the parties are also important in determining the amount of compensation. According to the compensation criterion developed by the Supreme Court of Appeals in Turkish Law over the years; The party that will pay the compensation should not become poor, and the party that will receive the compensation should not become rich. Of course, these are abstract definitions, and compensation amounts that may be considered enrichment for some people may be considered very low amounts for others.

For example, while the amount of compensation to be determined in a non-pecuniary damage case arising from insult between two minimum wage earners may be low, the amount of non-pecuniary damage to be determined in the same case between two famous industrialists will be much higher. Since it is always possible to compromise in compensation-based cases, it will always be possible for both

parties to conclude the case at every stage by agreeing on a reasonable amount.

Compensation cases require professional legal support for both the plaintiff and the defendant in terms of correctly determining the type of the case, paying attention to the deadline and proving the case, and filing such cases without the help of a lawyer or pursuing them as a defendant may lead to the expected outcome of the case and cause serious economic damage. causes its formation. For this reason, we recommend that people who want to file such a lawsuit or who have been filed with such a lawsuit must seek the help of a lawyer.