4.1 Petition for Loss of Support and Non-Pecuniary Damages

 

TO THE ISTANBUL ….. PRIMARY CIVIL COURT

A request for precautionary measures has been made

PLAINTIFF: BBB (Turkish National Identity Number:…….) acting as guardian for AAA

ADDRESS:

ATTORNEY: Attorney SY-UETS

DEFENDANTS: 1) SS
2) AS heirs
3) A. Insurance Inc.

SUBJECT: We request, reserving our rights to further claims, ……. TL
in damages for loss of support, ……. TL in moral damages, and a precautionary
measure to be placed on the vehicle with license plate number 34 XXX 123.

 

EXPLANATIONS

1) THE INCIDENT
OCCURRED AS A RESULT OF THE DEFENDANT'S NEGLIGENT ACTIONS.

In the traffic accident that occurred on ……….. date,
MMM, who was in the vehicle with license plate number 34 XXX 123 belonging to the defendant SS, passed away. The traffic accident
occurred entirely as a result of the negligent driving and management of the vehicle by AS, who also passed away.

2) THE PLAINTIFFS IN QUESTION
HAVE LOST THEIR MATERIAL AND MORAL SUPPORT

As a result of the accident, client AAA lost her father at a very young age and became an orphan. According to the inheritance certificate obtained from the Istanbul Anatolian 352nd Civil Court of Peace, case number …………, the heirs of the deceased MMM, namely the plaintiff client AAA and her mother BBB, Dr. AAA, have suffered significant material and moral losses as a result of losing their father . The deceased provided material and moral support to the clients throughout his life, and with his death, the clients have been deprived of this support. It is known that the deceased had a regular income and contributed to the clients' livelihood with his earnings. As a result of the incident, the clients have experienced not only economic losses but also deep grief, sorrow, and psychological devastation. The sudden and unexpected death of the deceased has caused irreparable moral damage to the clients.

3) POTENTIAL INCOME OPPORTUNITIES HAVE ALSO
BEEN DEPRIVED.

The deceased was a shopkeeper in Istanbul's Grand Bazaar, and the average monthly net income and profit from his business directly contributed to the clients' livelihood. As a result , the clients have been deprived of the regular contribution of business income, the social and health insurance benefits provided by the business, and the additional income opportunities that could have arisen if the business had grown . An expert examination should also determine the support the father provided to the plaintiff client, and which he would have continued to provide had the tragic event not occurred. It is clear that the client will be severely impoverished financially and will experience a significant drop in living standards following his death. For a child, a father is the guarantee of their future. However, the problem is not just about making ends meet. The client has also been deprived of all school expenses, basic necessities, and all the assistance they would have received from their father upon reaching adulthood, including support for marriage and starting a business .

4) THERE IS A CLEAR CAUSAL LINK BETWEEN THE DEFENDANT'S NEGLIGENT AND UNLAWFUL ACT AND THE DEATH
.

For liability arising from a tort to exist, it is sufficient that the perpetrator committed an unlawful act or omission, that this act is directly related to the damage (causation), and that fault exists. In the concrete case, it can be proven that the defendant's actions caused the accident and the death of the deceased through accident reports, witness statements, on-site and forensic reports, criminal file, and expert reports . In this context, pursuant to Articles 53 and 56 of the Turkish Code of Obligations and other relevant provisions, the defendant should be held liable for compensation for the economic losses arising from the interruption of the financial support provided by the deceased and for moral damages to compensate the deceased's relatives for the irreparable moral harm they suffered. Furthermore, it should be taken into consideration that both the causality and the amount of damage will be objectively determined as a result of evaluating the findings in the criminal proceedings together with the expert reports .

5) IF OUR REQUEST IS ACCEPTED, LIFE
MAY BECOME A LITTLE EASIER

For these reasons, it has become necessary to request that the defendant be ordered to pay the material damages suffered by the clients due to the loss of the deceased's support, calculated by an expert, and also to award an appropriate amount of moral damages to partially alleviate their emotional distress. The plaintiff lost one of the most important people in their life, their most important source of support, with the death of their father . The material damage and emotional pain suffered are irreparable. However, with the acceptance of our compensation claim, life may become somewhat easier for our client, allowing them to continue their education and maintain their standard of living. For all these reasons, we have become obligated to request , reserving our rights to claim further amounts, ………. TL in compensation for loss of support, ……….. TL in moral damages, and a precautionary measure to be placed on the vehicle with license plate number 34 XXX 123, for the plaintiff client AAA and their spouse BBB, who lost their father .

 

LEGAL GROUNDS
: Turkish Civil Code, Turkish Code of Obligations, Turkish Code of Civil Procedure, and all relevant legislation.

 

EVIDENCE • Inheritance certificate issued by the Istanbul Anatolian 352nd Civil Court of Peace, case number …………. , • Documents showing the deceased's income, • Traffic accident report, • Criminal record (if any) , • Insurance policies, • On-site inspection and expert examination, • Witness statement , • Oath, • and all other legal evidence.

 

CONCLUSION AND REQUEST
For the reasons explained above,
respectfully request and demand that the court order: 1. ………. TL
in compensation for loss of support and ………. TL in moral damages
; 2. A precautionary measure be placed on the vehicle with license plate number 34 XXX 123;
3. The court costs and attorney's fees be borne by the defendants
.

 

Plaintiff's Attorney
, SY