Sample Petition For Request For Moral Compensation Due To Traffic Accident
… TO THE JUDGE OF THE COURT OF FIRST INSTANCE;
THE PLAINTIFF :
TC IDENTITY NUMBER :
ADDRESS :
PROXY :
ADDRESS :
DEFENDANT :
ADDRESS :
ATTORNEY :
ADDRESS :
CASE VALUE : ……….. TL
(In cases related to property rights)
SUBJECT : Our claim for non-pecuniary damages due to a traffic accident.
A P P L A C T I O N S
1-) …/ …/ … on …/ …/ … date, in the traffic accident with injury that occurred on … Street, the defendant … … , with his vehicle with the license plate …, which we later reached the information that he was the owner of, hit the vehicle with the license plate …, which was owned by our client and which he was driving and managing on the day of the incident, from behind. In the traffic accident that occurred, our client was injured in the …, … and … regions, fractures occurred in his skull and jaw at 2 different points and fixed scars remained on various parts of his body. In addition, her children who were in the same vehicle with our client at the time of the accident were also injured. This situation is also confirmed by the ……… Hospital reports dated …/…/…/… and …/…/…/….
2-) In the Traffic Accident Detection Report dated …/ …/ …/ … and numbered … kept at the scene of the accident, it was determined that the accident occurred as a result of the car driven and managed by the defendant, who lost control of the vehicle as a result of excessive speeding under the influence of alcohol, hitting the vehicle driven and managed by our client from the left rear and no fault could be attributed to our client.
3-) As a result of the traffic accident, our client was trapped in the vehicle and had to be hospitalized for … days. In addition, despite the treatments for our client’s broken bones, our client’s partial disability could not be prevented. Due to both the discomfort caused by the disability and the fixed scars on the body and the psychological trauma caused by seeing her own children injured in the same accident, our client has been extremely upset and her mental health has deteriorated.
4-) Our client’s right to compensation has arisen within the framework of the provisions of the Code of Obligations No. 6098 on tort.
5-) In order to compensate the moral damage suffered by our client to some extent, it has become necessary to file this indefinite receivable and determination case.
LEGAL GROUNDS : 6098 S. Code Art. 49, 50, 51, 52, 52, 53, 53, 54, 56, 75, 6100 S. Code Art. 2, 3, 107
LEGAL EVIDENCE : ……… Hospital Reports dated …/…/… and …/…/…/…, Traffic Accident Detection Report dated …/…/… and numbered …, …. Hospital Discharge Document dated …/…/… Hospital Patient Discharge Document, …… Hospital’s Psychiatric Examination Report dated …/…/…
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the minimum …..TL non-pecuniary compensation to be increased as soon as it is possible to determine the value of the moral damage of our client fully and precisely as a result of the investigation, together with legal interest from the date of the wrongful act …/…/…, and that the judicial expenses and attorney’s fees be decided to be charged to the other party. …/ …/ …
ANNEXES: 1- ……… Hospital Reports dated …/…/… and …/…/…/..,
2 – Traffic Accident Report dated …/ …/ … and numbered …,
3- …/…/… dated …. Hospital Patient Discharge Document,
4- Psychiatric Examination Report of …… Hospital dated …/…/…
5- One approved power of attorney sample.
Plaintiff Attorney
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