CANER&CAN LAW FIRM AND MEDIATION OFFICE
Our clients experience accidents during their stay in Turkey for various reasons, whether it’s for business, travel, or other purposes. Some of these accidents can have serious consequences, including the loss of lives. These undesirable accidents particularly increase during the tourist season. It is possible to claim both material and immaterial damages arising from such accidents from those responsible.
Even though these examples can be expanded, most of the cases we pursue primarily stem from the following incidents:
Car accidents
A person who has been injured in a traffic accident can claim compensation from the responsible party, vehicle owner, and the vehicle insurance. The victim of the accident can be either the driver or a passenger.
Hotel accidents
During hotel stays, accidents may occur due to a lack of necessary safety measures by the hotel. For example, holidaymakers could suffer injuries such as ankle, knee, or even spinal fractures due to non-legally compliant designs of hotel pools and stairs. In such cases, it is possible to claim compensation from those responsible. Additionally, holidaymakers may engage in extreme sports during their holidays. The most popular ones include paragliding, rafting, skydiving, and bungee jumping. Furthermore, hotels often offer activities such as banana boat rides, parasailing, ringo, and quad tours. Neglecting necessary safety measures during these activities can lead to accidents. Both material and non-material compensation claims can be asserted against the responsible parties in such cases.
Medical treatments
If, due to a faulty medical intervention in Turkey, a person experiences temporary or permanent disability or unexpected negative changes in appearance, it is possible to claim compensation from those responsible.
Temporary incapacity for work
After an accident or medical treatment, a certain amount of time is needed for a person to recover. During this period, the person cannot work and needs to rest. It is possible to apply for financial compensation for this time. For example, a person whose recovery period is 3 months may be entitled to claim 3 months’ salary.
Permanent disability compensation
After an accident or medical treatment, a person may not fully recover and experiences permanent disability. For example, a shoulder injury may not fully heal, preventing the person from moving the arm as before. In such cases, the individual has the right to claim financial compensation from those responsible, based on the degree of disability.
Treatment costs
As a result of accidents or medical treatments, many medical expenses are covered by the Turkish Social Security Institution (SGK). However, there are also costs that are not covered by the SGK. These expenses can be claimed from those responsible.
Nursing care costs
As a result of an accident or medical treatment, a person may become dependent on care or require assistance in certain aspects of daily life. In such cases, it is possible to discuss compensation for caregiving
Loss of earnings
Due to an accident or medical treatment, a person may no longer be able to perform the activities they did before the incident. This can result in them being unable to continue in their profession or even necessitate a career change. In some cases, the individual might be forced into early retirement due to the accident. It’s important to note that in all these scenarios, the affected person experiences a decrease in income. These income losses can be claimed from those responsible.
Psychological damages compensation
A person who has suffered physical harm due to an accident or medical treatment can demand compensation for pain and suffering from those responsible, as a result of the pain and distress experienced due to this adverse event.
In cases of disability or invalidity, the compensation claim is the most complex issue. When calculating the claim, experts must consider a set of criteria. Once a case involving permanent disability reaches our law firm, the points listed below are initially taken into account, and an estimate is presented to the client and the court. The calculation is carried out by both our specialized attorneys and consultants. Throughout the entire process, the claim is monitored and, if necessary, forwarded to the medical board for reassessment.
In accordance with Turkish law and based on decisions from higher courts, the compensation calculation takes into account the regulations of the respective country in which the person lives and works. This approach is used to determine the actual amount of damages. For example, a person living and working in Germany may claim compensation based on their income and/or pension earned in Germany.
A person living abroad can claim compensation for physical damages in a foreign currency (Euro, Pound, Dollar, etc.)
If a person is employed, they should provide proof of their salary or income to enable an accurate calculation of compensation. However, according to Turkish law, the absence of documentation does not necessarily mean that no compensation claims can be made. Even homemakers and non-working individuals are entitled to compensation claims, which are determined based on the minimum wage of the respective country. The calculation of the minimum wage is determined according to the regulations applicable in the specific country (Germany, Austria, the United Kingdom, etc.).
Yes, according to Turkish law, it is assumed that a homemaker has worked at the minimum wage during her active years and consequently is entitled to a pension benefit. The calculation of the minimum wage is determined based on the regulations applicable in the specific country (Germany, Austria, the United Kingdom, etc.).
In the Turkish legal system, the calculation of non-material (immaterial) damages is a rather interpretive subject. There are no clear criteria, and it is highly subjective. Therefore, it is necessary to determine the claim based on the incident and the personal situation of the affected individual.
Our attorneys at our law firm will advise you on this matter.
This is the most frequently asked question at our law firm. Generally, the insurance payments you receive abroad cannot be deducted from the compensation amount you want to claim. However, there are exceptions.
Of course, it would be advisable to contact our law firm for more detailed information.
When someone becomes temporarily disabled due to an accident, health insurance typically covers a portion of their salary, usually around 70%, until recovery and return to work. During this period, there is an income loss of approximately 30%. Generally, many assume they can claim the portion not covered by health insurance. However, in reality, the entire income lost during the recovery and reintegration process can be claimed. It would be advisable to contact our law firm for more detailed information.
Our firm, with the assistance of our experienced attorneys, will explain the legal steps you should take regarding the incident you have experienced. We will also inform you about the type of compensation that can be claimed and its amount.
OUR LOCATION
Mansuroğlu Mah. 288/3 Sok. No:3, Selvili2 Apt. B-Blok D:17 K:6 35535
Bayraklı / İzmir – Turkey
CONTACT US
Phone: +90 232 464 06 30 (pbx)
E-mail: info@canercanlaw.com
“The information on this page and the website in general cannot be considered legal advice in any way. Please contact your lawyer for a legal assessment.”