Traffic Accidents and Compensation Cases

After a traffic accident, the injured party has the right to file a lawsuit for material and moral damages. This type of lawsuit is filed by the injured party against the party who caused the damage, if the accident involved at least one motor vehicle and resulted in bodily harm or damage to the home or property of a third party. The purpose of this lawsuit is to seek compensation for the damages suffered by the injured party. As mentioned, the injured party can file this compensation lawsuit in a traffic accident. Let's briefly discuss what these damages are. If the traffic accident resulted in injury; if the injured person is employed and the accident renders them unable to work, they can file a lawsuit for material damages. If the accident caused psychological distress, grief, or sadness, they can file a lawsuit for moral damages. Let's consider another situation. If the traffic accident resulted in death; everyone who received support from the deceased while they were alive can file a lawsuit for material and moral damages. If the deceased's spouse, children, or if none exist, parents, were receiving support from the deceased while alive, they can file a claim for material and moral damages. These individuals do not need to prove they received support to file a claim. However, other individuals not included in this list must prove they received support to claim compensation for loss of support. A third scenario involves a traffic accident resulting in serious bodily harm; the injured person's relatives can only file a claim for moral damages. A compensation claim for a traffic accident can be filed against the driver, operator, or owner of the vehicle, or against the insurance company. However, only a claim for material damages can be filed against the insurance company. The vehicle owner can be relieved of liability if they can prove they did not have actual control over the vehicle.

Statute of Limitations in Traffic Accident Compensation Cases:

The time limits for filing a lawsuit in a traffic accident are crucial. Knowing when to file a lawsuit for material and moral damages, and when the statute of limitations expires, is very important. The statute of limitations begins to run from the moment the traffic accident occurs. There are two statutes of limitations applied in traffic accidents. Whichever is more favorable to the plaintiff applies. These the Basic Statute of Limitations and the Criminal Statute of Limitations . The Basic Statute of Limitations is two years from the date the injured party learns of the damage and the perpetrator. In any case, the injured party has a ten-year statute of limitations from the date the damage occurred. The Criminal Statute of Limitations is the same as the statute of limitations for filing a lawsuit for material and moral damages if a crime has occurred as a result of a traffic accident resulting in injury or death. Even if the statute of limitations in the criminal code has expired, if the criminal case related to the matter is ongoing, it is possible to file a lawsuit for damages as long as the criminal case continues.