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Traffic Accident Compensation

Traffic accident compensationis compensation paid to third parties to cover their losses in situations that meet the defined conditions of a traffic accident. Individuals have the right to claim either material or moral damages under this compensation scheme.

In traffic accidents resulting in death or injury, individuals have the right to claim compensation for a wider range of offenses. The amount of compensation a person can receive is determined after a detailed investigation conducted by insurance companies.

Competent Court for Traffic Accident Compensation Cases

traffic accident compensation, there are multiple courts that can handle the case.

  • You can file your traffic accident lawsuits, both for material and moral damages, in the court of the district where you reside.
  • These cases can be filed in the court of the district where the traffic accident occurred.
  • A lawsuit can be filed in the district where the plaintiff or defendant resides.
  • You can file a lawsuit for material and moral damages with the court in the district where the traffic insurance company's headquarters are located.

How is compensation for emotional distress calculated in traffic accidents?

When a claim for compensation for emotional distress is filed following a traffic accident, the calculation is made taking certain criteria into consideration.

  • First, the underlying cause of the lawsuit filed by someone seeking moral damages is examined. The purpose of the lawsuit is to alleviate the suffering of the injured party. It should not be seen as a means of unjust enrichment.
  • The socio-economic status of the parties is examined. The monthly and average incomes of both parties are taken into consideration.
  • The circumstances of the event are examined. The way the event occurred must have an impact on the individuals involved.
  • The degree of fault of the parties is taken into consideration. If the number of faults is similar, the procedure will differ.
  • The principles of equity and fairness stipulated in Article 4 of the Turkish Code of Obligations are examined.

How is monetary compensation determined in traffic accidents?

Monetary compensation is the most frequently requested type of compensation within traffic accident compensation. The primary aim of this type is to compensate the victims for their financial losses resulting from the accident.

When calculating monetary compensation, the extent of the damage and the degree of fault are first determined. Then, other factors affecting the individual as a result of the accident are added. For example, if the individual suffered a loss of earning capacity or a limb loss, the compensation is calculated based on the estimated lifespan they would have spent working.

To review all aspects of your situation resulting from a traffic accident and to obtain detailed information about compensation, you can contact Attorney Ferhat Kule

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