COMPENSATION FOR LOSS OF SUPPORT

COMPENSATION FOR LOSS OF SUPPORT

Loss of support is the damage suffered by those who received financial assistance from a person who died unlawfully (not from natural causes) and are now deprived of that support as a result of their death. The damage refers to a decrease in assets. Accordingly, they can claim compensation from the responsible party for the lost support. Even if the person providing support is not dead but remains in intensive care, this does not constitute grounds for claiming loss of support compensation, and such a lawsuit cannot be filed. The support must have been continuous; a one-time donation does not qualify for compensation for loss of support.

Support refers to one person partially or completely taking on the care of another. This care must absolutely be directed towards the person in need.

If death had not occurred, the probable lifespan of the deceased, the probable duration of their work and support, the probable lifespan of those deprived of support, their ability to receive support, and their income level would all depend on factors such as these.

This is a type of material compensation. In addition, moral compensation may also be claimed. Several factors are considered when determining moral compensation: the date of the event and how it occurred. The purpose of moral compensation is to alleviate, at least partially, the pain and suffering caused by the death of the deceased. The purpose of material compensation is to prevent the lives of those dependent on the deceased from deteriorating due to the death, and to enable them to continue their economic and social life as it was before the death.

To be eligible to claim compensation for loss of support, the deceased must have provided financial support to the person during their lifetime. A person who did not receive financial support from the deceased cannot claim compensation for loss of support upon their death.

To be deprived of support, one must first need it. Everyone who would experience an economic void in their lives without this support needs it.

To receive compensation for loss of support, it is not necessary to be a relative (by blood). The person who has lost support does not need to be an heir; even someone who has renounced an inheritance can claim compensation. Individuals with no family relation can also claim this compensation. However, these individuals must prove that they received support from the deceased during their lifetime. Furthermore, a person who could have maintained their economic level without the support of the deceased is not entitled to compensation.

It is presumed that first-degree relatives (spouses supporting each other, children supporting their parents, and parents supporting their children) provided mutual support during their lifetime. These individuals do not need to prove that they received this support.

It is generally accepted that children will care for their parents in the future. Therefore, in the event of a child's death, compensation for loss of support can be claimed from the person who caused the child's death.

In compensation for loss of support, the term "support" should not be understood solely as financial support; actions and all types of services provided regularly are also considered as support within the scope of this type of compensation. Support can be in the form of monetary aid, services, or other forms.

In a claim for compensation for loss of support, the injured party bears the burden of proving the damage and the fault of the perpetrator. If the extent of the damage cannot be clearly determined, the judge will determine the amount of compensation based on equity. If it is proven that the injured party acted negligently, the judge must reduce the amount of compensation in proportion to their fault. However, if the injured party is found to have committed gross negligence, the person seeking compensation is relieved of liability; this must be proven by the person held responsible for the deceased.

Article 53/3 of the Turkish Code of Obligations addresses compensation for loss of support.

In cases involving compensation for loss of support, the competent court is the court located where the defendant resides. Generally, the court with jurisdiction is the civil court of first instance.

The statute of limitations for compensation for loss of support is 2 years from the date the person who lost support learns of the death of the person who supported them, and in any case, 10 years. However, if the claim arises from an act regulated by other laws, the statute of limitations applicable there.

Many factors are taken into account when calculating compensation. Examples include the financial situation of the person providing support, the income they would have earned if they had not died, and their family circumstances.

No seizure proceedings can be applied to compensation for loss of support.

Compensation for loss of support is generally based on tort, but the law provides exceptions by stipulating contractual compensation, with examples found in transportation, traffic, and labor law.

Damages are divided into two periods: the known period and the unknown period. The known period of damages includes the time from the death of the person providing support to the date the damages are calculated. The unknown period of damages covers the period from the date the report is prepared until the person deprived of support is in need of support.

There are certain criteria that must be considered when calculating compensation for loss of support. Especially if there is more than one person who has lost support, it is not possible to accept the distribution of the deceased's entire income among the heirs. It must be accepted that the deceased, had they lived, would have set aside a portion for their own vital and social needs. According to the Supreme Court, this share should be at least 30% of one's income; the remainder is distributed. Looking at the Social Security Law, the pensions to be paid to the beneficiaries are not the entirety of the deceased's income during their lifetime, or their earnings subject to contributions. The share to be distributed or the pension to be paid is around 70% of the individual's income, and this share is distributed to the other heirs as a pension. There are certain criteria for this distribution. When making this distribution, the amount needed by each recipient must be considered first.