Our clients sometimes suffer accidents and injuries while in Türkiye for business, travel or other purposes. Some of these accidents may have severe consequences, including loss of life. Such unfortunate accidents particularly increase during the tourism season. As a consequence, both pecuniary and non-pecuniary damages may be claimed from those responsible.
Below you will find information on the types of compensation and how they are calculated, together with the most frequently asked questions received at our firm.
How do personal injuries occur?
While these examples are not exhaustive, the majority of the cases we handle arise from the following events:
Road traffic accidents
A person injured in a road traffic accident may claim damages from the at-fault driver, the vehicle keeper and the motor insurer of the vehicle. The injured party may be either the driver or a passenger.
Hotel accidents, incidents during extreme sports or events
During hotel stays, accidents occur in some hotels as a result of necessary precautions not being taken. For example, guests may fall due to non-compliant designs of hotel pools and stairways, suffering injuries such as ankle, knee or even spinal fractures. In such cases damages may be claimed from those responsible.
In addition, guests may opt for extreme sports during their holiday. The most popular include paragliding, rafting, parachute jumping and bungee jumping. Hotels also commonly offer activities such as banana-boat rides, parasailing, ringo and quad tours. When essential safety measures are neglected in carrying out these sports or activities, accidents can occur. As a natural consequence, both pecuniary and non-pecuniary damages may be sought from those responsible.
Medical procedures
Where a faulty medical procedure in Türkiye causes temporary or permanent disability, or unexpected adverse changes to a person’s appearance, damages may be claimed from those responsible.
What types of compensation may be claimed?
Temporary incapacity for work
Following an accident or medical treatment, time is required for the person to recover. During this period the person is unable to work and must rest. It is possible to claim financial compensation for that period. For example, a person whose recovery period is three months may claim three months’ salary.
Permanent disability compensation
Following an accident or medical treatment, a person may not fully recover and may suffer permanent disability or invalidity. For instance, a shoulder injury may not fully heal, leaving the person unable to move the arm as before. In such cases the person has the right to claim financial compensation from those responsible commensurate with the degree of disability.
Treatment costs
Following accidents or medical treatment, many medical costs are covered by the Turkish Social Security Institution (SGK). There are, however, costs which the SGK does not cover. These costs may be claimed from those responsible.
Care costs
As a result of an accident or medical treatment, a person may become dependent on care or require help from others in certain areas of daily life. In such cases, care compensation may be claimed.
Loss of earnings
Following an accident or medical treatment, a person may no longer be able to perform the activities they carried out before. This may force them to discontinue their profession or even change occupation. In some cases the injured party may have to take early retirement. In all these scenarios the person’s income is reduced. These earnings losses may be claimed from those responsible.
Non-pecuniary damages / pain and suffering
A person who has suffered physical harm as a result of an accident or medical treatment may claim non-pecuniary damages from those responsible on account of the pain and suffering endured as a consequence of that adverse event.
How is compensation calculated, and what criteria are taken into account?
In cases of disability or invalidity, the most complex issue is the compensation claim. When calculating it, experts must take a number of criteria into account. As soon as a file involving permanent disability reaches our firm, the points listed below are considered first and an estimate is provided to the client and to the court. The calculation is performed both by our specialist lawyers and by independent consultants. Throughout the process the claim is monitored and, where necessary, referred back to the medical panel for recalculation.
The following information is generally used in these complex calculations:
- Age at the time of the incident and average life expectancy
- Active working life and retirement age
- Recovery period
- Degree of disability
- Proportion of fault of the injured party in the accident
- Income of the injured party
Which country’s parameters are used to calculate compensation?
Under Turkish law, and based on the decisions of the Court of Cassation, the parameters of the country in which the person lives and works are taken into account when calculating compensation. This way, the actual damage amount is determined. For example, a person living and working in Germany may claim damages in line with the salary and/or pension earned in Germany.
In which currency may compensation be claimed?
A person living abroad may claim personal-injury damages in a foreign currency (Euro, Pound Sterling, US Dollar, etc.).
Must income be documented as part of a compensation claim? Can persons not in gainful employment also claim damages following injury?
If the person works, their salary or income should be documented to enable an accurate calculation. However, under Turkish law the absence of such documents does not necessarily mean that damages cannot be claimed. Homemakers and persons not in gainful employment are also entitled to damages, calculated on the basis of the minimum wage of the relevant country (Germany, Austria, United Kingdom, etc.) according to that country’s rules.
Can homemakers, in certain cases, claim benefits for incapacity for work or permanent disability?
YES. Under Turkish law, a homemaker is deemed to have worked at the minimum wage during her active years and is consequently entitled to damages and/or a pension benefit. The minimum-wage calculation follows the rules of the relevant country (Germany, Austria, United Kingdom, etc.).
How are non-pecuniary damages calculated?
Under Turkish law, non-pecuniary damages are a matter of judicial discretion. There are no rigid criteria, and the assessment is highly subjective. The claim must therefore be determined according to the incident and the personal situation of the affected person.
Our lawyers will be pleased to advise you on this matter.
If the injured party has received compensation from a foreign insurer following an accident, is that amount deducted from the damages claimed?
This is the question most frequently put to our firm. As a general rule, insurance payments received abroad cannot be deducted from the compensation amount. There are, however, exceptions.
For more specific information, please contact our firm.
Are interim health-insurance payments deducted from compensation?
If a person becomes unable to work as a result of an accident, health insurers generally cover a portion of their salary, around 70%, until recovery and return to work. During that period an income loss of approximately 30% arises. Many assume they may claim only the portion not covered by the health insurer. In fact, the entire income lost during the recovery and reintegration process may be claimed. We recommend contacting our firm for more detailed information.
Our firm, through our experienced lawyers, will advise you on the legal steps to take in connection with the incident you have experienced. We will also inform you which type of compensation may be claimed and in what amount.