Material Compensation Lawsuit Due To Wrongful Act
The scope, nature or how to determine the material damages due to tort is an important issue. Compensation is the price paid in return for material or moral damage caused by an unlawful act (tort).
Ankara Compensation Lawyer – Compensation is a monetary value or performance paid by the responsible party to the injured party or ordered to be paid by the court in order to compensate the damages.
Compensation is divided into two as pecuniary and non-pecuniary. Material compensation is the compensation for the diminution in the assets of the person subjected to unlawful behaviour. Moral compensation is the compensation for the pain, suffering and mental breakdown suffered by the person whose personal rights are violated by unlawful behaviour.
What is Material Damage? How is Material Damage Determined?
Material damage is the difference between the situation that occurred as a result of the damaging action and the situation that existed before this action. This diminution in the assets must be due to the wrongful act and must be real.
Material damage is of two types:
Actual damage (active decrease in assets),
Profit deprived (the increase that would have occurred in the assets if the act had not occurred)
If the damage is concrete and determinable, the plaintiff’s job is easy. It may be difficult to determine the profit deprived. In cases where the actual amount of the damage cannot be determined, the plaintiff’s burden of proof is lightened and the determination of the damage is left to the judge. The judge assesses the amount of damage in accordance with equity, taking into account the normal course of events, the economic and social status of the injured party, and the measures taken.
According to which dates is material damage calculated?
In practice, as a rule, it is calculated according to the date of the damaging event. Damages arising between the date of the damage and the date of the decision are compensated with interest.
What are the benefits that should be deducted from the damages?
It is also possible that the person who suffered damage as a result of the tort sometimes has an increase in his/her assets. In this case, in order to find the net loss, the amount of increase in the assets as a result of the tort should be deducted from the gross amount of loss. For example, if the vehicle of 20.000TL is completely damaged as a result of a traffic accident and the scrap is sold for 5000TL, the actual damage is found as 15.000TL by deducting the scrap value from the damage.
In torts, first the damage (taking into account the reasons for discount) and then the compensation is calculated. For example, after deducting the fault of the other party from the amount of damage, and then the payment made by the insurance, it is decided to collect the remainder.
Determination of Material Damages
After the damage is determined, the compensation will have to be determined by evaluating the characteristics of the incident. According to Article 51 of the TCO, the judge shall determine the scope and the manner of payment of the compensation, taking into consideration the necessity of the situation and especially the gravity of the fault. Article 52 of the TCO regulates the reasons for reduction of compensation. Material compensation will be determined by taking these issues into consideration.
What are the Reasons for Reduction from Material Compensation?
Lightness or additional fault of the damaging party (TCO 51/1 M)
Consent of the injured party to the damage (TCO 52/1M)
Mutual fault of the injured party (TCO 52/1 m)
Deterioration of the financial situation of the injured party due to compensation (TB 52/2 m)
Causes arising from the characteristics of the event
a) Unforeseen events
b) The constitutional capability of the injured party
c) Weak causal link
d) Carriage of honour
Persons who have suffered damage due to a wrongful act may file a lawsuit for compensation against the damaging party in order to compensate for these damages. Those who wonder how and why compensation lawsuits can be filed should first know which type of compensation lawsuit to file. While those whose personal rights are attacked can file a lawsuit for moral damages, in case of a material loss, they have the right to file a lawsuit for material damages. In compensation cases, it will be appropriate to obtain professional legal assistance as the grounds of action, evidence, and, if necessary, expert examinations will determine the outcome of the case.
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