When a traffic accident occurs, the victim himself or his legal heirs can sue when the victim dies. However, in case of death of the injured person, his relatives, mother, father, spouse, children, siblings, fiancee and people under his care and support can request compensation for their losses.
What Lawsuits Can Be Filed After an Accident?
In order to be able to claim compensation for a traffic accident, the action must be within the scope of the relevant article of the Law of Obligations regulating the tortious act. So; The person who harms another person with a faulty and unlawful act is obliged to compensate for this damage. The damage that occurs after a traffic accident can be material or moral.
If the accident is fatal, the funeral expenses, if the death did not occur immediately, the treatment expenses, the losses suffered by the people who are deprived of the support and care of the deceased can be claimed through a lawsuit.traffic.
LAWSUITS FILED AGAINST
Depending on the situation of the accident, a lawsuit may be filed against the following persons or institutions:
- The driver who caused the accident
- to the vehicle operator,
- to the insurance company
- Assurance account
The period stipulated in the law for filing a lawsuit for pecuniary and non-pecuniary damages is specified as 2 years. After 10 years from the date of the accident, the right to file a lawsuit runs out of time.
Non-pecuniary Indemnity Claim
If the person has been injured in a traffic accident, or to his relatives in case of death; Non-pecuniary damages can be ordered to be taken from the person who caused the accident. In determining the moral compensation, criteria such as “the way the traffic accident occurred”, “state of defect”, “degree of injury”, “economic and social conditions of the parties” and “degree of proximity to the deceased” are effective.
Financial Compensation Claim
In case of death in a traffic accident, the survivors; (the person’s mother, father, spouse, child, or dependents, aunt, aunt, aunt) are entitled to compensation for deprivation of support.
The person injured as a result of the traffic accident is permitted to recompense for loss of work power, hospital and treatment expenses, injury of wages due to incapability to trail, if he has infirmity.
Court and Residence Confusion in Non-pecuniary Damage Case
In cases where a lawsuit is requested for non-pecuniary damage, the person to be sued or, if this is an institution, the city of residence of the company or institution should be preferred. After the determination of residence, the necessary application should be made to the Civil Court of First Instance there.
In Which Situations Non-Pecuniary Compensation Is Requested
We also explained moral compensation at the beginning of our article. We call the compensation to be demanded by the victim who has been personally attacked as a non-pecuniary compensation item. Let’s explain in which cases the right to file this lawsuit arises.
- Loss of limb while working (This includes injuries, fractures, life-threatening injuries or permanent bodily damage.)
- Wrong treatment in the hospital (Doctor’s mistake, the patient who forgot the needle in his stomach, the person who went bald after the wrong treatment, being a victim of lip surgery, problems in plastic surgeries, operating in a different place during the surgery, operating on the left instead of the right foot)
- The moral compensation rights of those who are left behind (deprived of support) in the event of death after an attack on their family members (Death as a result of attack, death due to traffic accident, work accident deaths, etc.)
- Being accused unjustly, being suddenly shown as a criminal despite not doing an event (being the subject of news, news about him in the written visual media, the person whose psychology is disturbed due to this event can sue)
- When there is an intervention, we can increase the issues of filing a lawsuit for non-pecuniary damage, such as other situations that upset the person.
- Dissolution of marital union after infidelity and one of the spouses filing a moral lawsuit
- Being exposed to an attack regarding the physical appearance of the person, etc.
- Ethnic origin, religious belief etc attacks
- The person is fat, overweight, ugly, etc. using offensive terms.
- Unjustified complaint.
What are the ways to ask for moral compensation?
If it is clear that there is an attack on personal rights in order to request compensation, the lawsuit for moral compensation can be filed in the Civil Courts of First Instance with the necessary documents and a petition. In cases of non-pecuniary damages, the judge may demand not only monetary compensation but also reprimand or sanctions from the other party. In this way, the person who is in distress is deemed to be relieved from this event.
COMPENSATION After Unjust Compel Request for Moral Complaint
Incurring an unjust complaint, which is a legal situation that arises after our habits of making judgments without listening without understanding, which has become rapidly widespread in society in the recent period, is also a reason for non-pecuniary damages. After the situation turns out to be unfair, the person who is exposed to this situation gains the right to file a lawsuit.
Timeout Periods in Moral Lawsuits
Although the statute of limitations for non-pecuniary damages, which is one of the most frequently asked questions in society, varies according to the pattern of the event, its main lines are as follows. Except for exceptions, non-pecuniary damage cases after torts must be filed within 2 years after the act and the perpetrator are learned. If the act and the perpetrator are revealed later, the case must be filled within 10 years.
In Which Situation Insurance companies Pay
If the vehicle involved in the accident has compulsory traffic insurance, the basic guarantees including material damage, health expenses, disability, and death are covered by the insurance company according to the policy limits and the defect margin. Litigation expenses are also covered by the policy within the coverage limits.