Determining Non-Pecuniary Damages in Traffic Accidents Resulting in Injuries
Compensation for Traffic Accidents Resulting in Injuries
Compensation claims for traffic accidents resulting in injury encompass both material and moral damages. The statute of limitations for compensation claims in traffic accidents resulting in injury or disability is 8 years, and claims for both material and moral damages must be filed within this 8-year period. Attorney Ferhat Kule specializes in all types of traffic accident compensation cases and provides support to clients to ensure they receive their due compensation throughout the legal process.
What damages can be claimed in a traffic accident compensation case resulting in injury?
compensation claim for traffic accidents resulting in injury is filed directly by the injured person. The injured person has the right to claim both material and moral damages. The liabilities that can be claimed in a traffic accident resulting in injury are:
- All hospital and treatment expenses of the injured person
- Economic loss of income for the injured person
- Compensation for the loss of economic future
- Loss of earnings due to permanent disability
- Temporary disability, loss of earnings
- All expenses incurred during the recovery process
A compensation lawsuit can be filed.
Determining Non-Pecuniary Damages in Traffic Accidents Resulting in Injuries
The primary purpose of compensation for non-pecuniary damages in traffic accidents resulting in injury is to restore the victim's peace of mind. Compensation for non-pecuniary damages is not aimed at unjust enrichment. When the court rules on compensation, it aims to at least partially alleviate the distress caused by the incident and its consequences. Factors considered when determining whether a non-pecuniary damages claim is justified include:
- The manner in which the incident occurred and who was at fault
- The economic and social status of the plaintiff and the defendant
- Defect status of the designs
This is taken into consideration. Cases for moral damages are heard by local courts, taking into account Supreme Court rulings, without causing harm to the plaintiff.
Who is liable for compensation in traffic accidents resulting in injury?
In traffic accidents, compensation for material and moral damages can be obtained from the driver of the vehicle. If the driver of the vehicle that caused the accident is at fault, a lawsuit for material and moral damages can be filed against the driver. compensation in traffic accidents resulting in injury can also be filed against the owner of the vehicle.
If the driver and owner of the vehicle are different, the registered owner also has the right to compensation. In a traffic accident resulting in injury, the insurance company that provided the compulsory traffic insurance or comprehensive insurance is legally obligated to cover all damages, and the injured person has the right to file a compensation lawsuit to recover their financial losses. The relatives of the injured person also have the right to file a separate lawsuit for moral damages due to the accident.
