That getting harm of a person in the event of an event outside legal framework is a situation that needs to be corrected legally. We call compensating for the purpose of bringing people back to the condition where they were before they were damaged as compensation and the totality composed by the rules in this issue as Compensation Law.
The legal discipline which aims to establish a fair and free life among people tries to protect the system work out by using some methods in case of getting out of order. One of these methods is compensation.
In accordance with the rules that compose the context of Compensation Law, compensation is an application involves the removal of the damage suffered by the person as a result of actions taken by the state or any natural or legal person. It may also be the legal person who is harmed by the damaging act as it can be committed by the real or legal person, even by the state. So, the state can also be located in this side. Furthermore, the act which causes the damage must be against the law. Compensation cannot be awarded due to an act that is within the limits of legal order. The person, whose land is expropriated according to the expropriation procedures, does not have the right to demand compensation for this event. Another case concerning the right to compensation is that the damages incurred for origination of compensation must be in a relation of causality with the actual action. We can express that the casual relation is an element expressing that the result took place as a result of an event and this result will not also be happened if that event was not occurred.
Some kinds of compensations have been envisaged in the field called Compensation Law, such as pecuniary, non-pecuniary and punitive damages. Pecuniary damage is a compensation which requires the elimination of reduction in property of a person realized as a result of an act contrary to the law; Non-pecuniary damage is a compensation which requires the compensation of spiritual damage caused by severe pain, suffering and sadness experienced by person due to the unlawful act, and Punitive damage is a compensation which requires elimination of all the damages caused by an act contrary to the law.
Work Accident Compensations
The fact that the sensitivity in this subject is not sufficiently developed in our country leads to a high number of business accidents and for this reason, it causes victimization of too many people. However, it is a little bit possible to get rid of the damages arising from the work accident and to prevent unfair treatments caused by this through compensation. As regulated under Compensation Law, criminal case by Public prosecutor and the case of recourse by Social Security Institution can be opened in case of work accident and also compensation case can be filed for in case of death of worker. The compensation case is opened by going to the tort law provisions contained in the Obligations Law. The compensations which can be demanded accordingly, are pecuniary and moral indemnities. Treatment costs, loss of earnings during the period of inability to work due to bodily harm, losses due to diminution or loss of work power, losses arising from affliction of economic future, funeral expenses and damages suffered by those who are deprived of support of death person can be demanded in Pecuniary Damages. No specific damages are foreseen in Non-Pecuniary Damages, but an amount of damage is determined at the discretion of judge according to the extent of the moral damage suffered by person, who had accident, and his/her relatives.
Traffic Accident Compensations
As we are familiar with them by news bulletins and we are witnessing them getting in a graver situation every day, there are many traffic accidents in our country. Although there is nothing more important than loss of life in these accidents, the physical and material damages that are experienced are remarkable. The damages caused by traffic accidents are also entered into the matter of compensation. The type of compensation that can be requested in these cases is material and moral compensation. The content of the pecuniary and non-pecuniary damages is the same as the matters we have mentioned in the title of Work Accident Compensations. The different situation in here is about the persons to whom the case will be directed.
During the accident, in which the provisions of the responsibility of the motor vehicle operator included in the Highway Traffic Law become a part of this situation, the person using the vehicle is responsible with the official owner of the vehicle and the case is directed to these persons. Likewise, the responsibility of operating a motor vehicle of persons is a risk responsibility. However, they can be freed from responsibility if they meet certain conditions. As a result of the unfair situations that people have come across, the fact that they need to compensate the damages they suffered brings about the result that the need for general legal knowledge as well as private legal knowledge as special cases can also be encountered. Our lawyers, who have all the current information in the scope of Compensation Law in our Law Office, have aimed to give any kind of support in this matter.
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