The Determination of Damage and Compensation Arising from Tort
Compensation Lawyer – Or Attorney at Law Office. The compensation is the cost paid for material or immaterial damage caused by a wrongful act. The purpose of the compensation is to make good a damage of the injured party. It may be a monetary value or a deed according to the decision of the court.
There are two types of compensation as material and immaterial. The former is the equivalent of the decrease in the assets of the person who is exposed to wrongful act; while the latter is decided for the pain, sufferings and depression of the injured party whose personal rights are violated as a result of the wrongful act. THE MATERIAL DAMAGE The Scope of the Material Damage and Its Proof:
The material damage is the difference between the situation that emerges as a result of the wrongful act in the asset of the injured party and the situation that existed before this act. The decrease in the asset must be concrete and directly depended on the tort.
There are two different kinds of the material damage:
Actual damage (the active decline in the assets) The loss of profit (the probable increase in the assets if the act did not occur)
It would be easy to manage the judicial process if the damage is concrete and specifiable. However, it is more difficult to determine the loss of profit. When the real amount of the damage cannot be determined, the burden of proof for plaintiff lessens and the determination of damage remains to the judge. In that case, the judge appraises the amount of the damage in a fair manner by taking into consideration the normal flow of events, the socio-economic situation of the injured party and the measures taken. As a compensation lawyer, we are always with you with our expert staff. The Date in Calculation of the Material Damage:
In practice, as a rule, the material damage is calculated based on the date when the injuring act occurred. The damage that emerges between the date when the wrongful act causing the damage happened and the court decision is given, is compensated with interest. The Benefits to be Deducted from the Damage:
In some cases, it is possible to have an increase in the asset of the injured party as a result of the wrongful act. In this case, the amount of the increase in the asset should be reduced from gross loss in order to determine the net loss. For instance, when a car whose value is 20.000 TL becomes unusable because of an accident and its scrap is sold to 5000 TL; then the real damage is calculated as 15.000 TL. In wrongful acts, the damage is calculated first and then the compensation
The Determination of the Material Damage:
After the damage is determined, the compensation is clarified by evaluation of the characteristics of the case. According to the Turkish Code of Obligations (article 51) the judge determines the form and extent of the compensation provided for loss or damage incurred, with due regard to the circumstances and the degree of culpability. The article 52 regulates the reasons for deductions from the compensation. The amount of material compensation is determined in this regard.
As a compensation lawyer, we are always with you with our expert staff. The Reasons for Deductions from the Material Compensation:
The slightness of negligence by the injuring party or his/her additional negligence. The consent of the injured party for damage. The contributory negligence of the injured party. The financial hardship of the liable party because of the compensation. Reasons arising from the characteristics of the case:
The unexpected incidents The intrinsic ability of the injured party The poor causal connection
The persons who are exposed to the wrongful act may bring a lawsuit against the injuring party with the purpose to compensate their damage. The ones who wonder why and how the actions for compensation could be brought must initially know what type of actions for compensation they will bring. While the ones whose personality rights are violated may bring an action for immaterial compensation, the ones who incur material damage may bring an action for material compensation. We strongly recommend parties involved in disputes to get legal support in actions for compensation since it will be difficult for them to manage all the procedure such as evaluation of evidences and expert examinations that directly determine the outcome of the actions.