Compensation for loss of supportis a legal provision ensuring that a person who was supported by the deceased during their lifetime continues to receive the same financial support after their death. The aim is to create conditions that allow the dependent to financially sustain their life if the deceased was supporting their family, earning income, and their death was caused by negligence on the part of another party.

Who is entitled to receive compensation for loss of support?

Those who experience a loss of support may include the deceased person's family, children, spouse, and fiancé(e). The goal is to prevent the person who was known to be caring for and financially supporting the deceased from becoming dependent on care themselves. The aim is to normalize their social life and enable them to maintain their financial situation at the same level.

The concept of support refers to deaths resulting from workplace accidents, medical malpractice, traffic accidents, or torts. If the deceased does not provide their financial income to their spouse, children, or someone they were supporting, the person who caused or instigated the death is liable for compensation. For example, if the deceased was living with their spouse, or if their grandparent was in a nursing home and the person providing financial support was the deceased, then the person who caused the death is liable for compensation.

How to File a Claim for Loss of Support?

The compensation for loss of support , as stipulated in the law on moral damages , is filed as both moral and material compensation. In cases of severe bodily harm or death, moral damages are sought to compensate for the socio-economic distress suffered by the family or relatives. Moral damages cannot be used for unjust enrichment; they are solely material compensation accepted for the purpose of providing support.

Monetary compensation, as regulated by the Turkish Penal Code, covers funeral expenses and, in the event of death, the needs of family members who are deprived of work, financial support, and standard of living.

Which court handles claims for compensation for loss of support?

The competent court for compensation for loss of support varies depending on the procedure and evidence presented in the case. Causes such as medical malpractice, workplace accidents, and negligent death can also affect the court that hears the compensation claim.

The regulation stipulates that the court where the wrongful act was committed, the court where the damage occurred, and the court of the place of residence shall hear the lawsuit for material and moral damages, along with the grounds for filing the lawsuit and the evidence.

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