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Compensation Law

Compensation is money paid in return for pecuniary or non-pecuniary damage resulting from an illegal action. In exceptional cases, things which do not have monetary value may be compensation. Like publishing the decision on the newspaper, on social media or apologizing. However, these are almost nonexistent in our law and it is almost always paying some money when it is about compensation.

The person who caused the damage may have done the action intentionally and deliberately or unwittingly, unintentionally, by negligence. For example, in traffic accidents, nobody wants an accident, but an accident occurs due to carelessness and negligence. Responsibility of the person causing the accident will be determined according to the size of the negligence of him/her.

Whilst non-intentional damages occur by accident, it is certain that those who cause damage deliberately will be held responsible. For example, blowing up the tires of a person's car, breaking his nose by punching, or doing another harm will result in necessity of all of the damage to be covered. However, deliberate damages do not necessarily constitute crime at the same time. For example, if a spouse cheats on another or acts unfaithfully in marriage, it requires compensation even though it is not a crime.

Apart from these two situations, compensation may also occur in cases such as violation of various contracts. In the event that a business cannot be completed in due time in commercial relations, the party will have to pay compensation if it is agreed in the business contract. If a worker is unfairly dismissed, it may also be possible to be paid some special compensation arising from the law. Such as severance pay and payment in lieu of notice.

The amount of compensation may vary depending on the type of the loss, and the economic conditions of the parties are also important in determining the amount of compensation. According to the compensation criteria developed by the Court of Cassation in Turkish Law over the years; the side that will pay the compensation should not get poorer because of compensation, and the side that will receive the compensation should not be enriched. Of course, these are abstract definitions and a compensation amount that can be considered enrichment according to some people can be seen as an insignificant amount to the others.

For example, while the amount of compensation to be determined in the compensation case for mental anguish arising from the insult between the two minimum paid persons may be low, the amount of compensation to be determined in the same case between the two famous celebrities will be much higher. Since it is always possible to compromise on compensation-based cases, it will always be possible for them to conclude the case at every stage by reaching a reasonable amount of agreement on both sides.

Compensation cases require professional legal support in terms of both the plaintiff and the defendant in terms of determining the type of the case, paying attention to the duration and proving the case.  Filing such lawsuits or pursuing them as defendants without the assistance of an attorney causes serious economic damage and causes unexpected results. For this reason, we recommend that people who want to file such a lawsuit or who have filed such a lawsuit get the assistance of an attorney.