Support in material and non-pecuniary compensation lawsuits, and claims arising from traffic accidents, workplace accidents and tortious acts.
As a result of an unlawful act, an accident, breach of contract or another legal cause, a person may suffer material or non-pecuniary damage. Depending on the nature and legal cause of the damage that has occurred, the injured party's right to claim compensation may arise.
Compensation law covers the processes of determining the damage that has occurred, identifying those responsible, and remedying the material or non-pecuniary loss suffered by the injured party through legal means.
Our firm provides legal consultancy and attorney services in the field of compensation law, particularly with respect to material and non-pecuniary compensation lawsuits, compensation arising from traffic accidents, compensation arising from workplace accidents and occupational diseases, compensation for death and injury, loss-of-support compensation, compensation arising from violations of personality rights, damages arising from breach of contract, and compensation claims arising from tortious acts.
In compensation disputes, the type of damage, the state of fault, the causal link, the legal status of the parties, the available evidence and the manner in which the event occurred must be assessed together.
Compensation law is the branch of law that covers the legal rules relating to the remedying of damage suffered by a person as a result of an unlawful act, an accident, breach of contract, or other causes provided by law. The damage may be material, or it may arise as non-pecuniary damage to the person's personal values. The fundamental aim of compensation law is to ensure that damage arising from the violation of a legally protected interest is remedied where the statutory conditions are met.
Material compensation covers claims for remedying losses that have occurred in a person's assets, or, under certain conditions, material damage that is expected to occur in the future. Depending on the nature of the specific case, treatment expenses, damage arising from loss of working capacity, loss of earnings, damage arising from temporary or permanent incapacity for work, damage to a vehicle or immovable property, loss of support and other economic losses may be assessed within the scope of material compensation. Since the amount of damage differs in each case, the calculation of compensation takes into account the specific features of the event together with the available documents.
Non-pecuniary compensation is a legal claim for remedying the non-pecuniary damage suffered by a person's personal values as a result of an unlawful act. Claims for non-pecuniary compensation may particularly arise in cases such as violation of bodily integrity, death, severe injury, violation of personality rights, insult and similar attacks, and violation of private life. In determining the amount of non-pecuniary compensation, the nature of the event, the situation of the parties, the severity of the damage that has occurred and other legal elements are taken into account.
Traffic accidents may result in serious consequences such as death, injury and loss of assets. For persons injured as a result of an accident, or the relatives of a person who has lost their life, a legal assessment is made, depending on the nature of the event and the state of liability, regarding damage arising from vehicle damage, loss of value, treatment expenses, temporary/permanent incapacity for work damages, loss-of-support compensation, and material and non-pecuniary compensation. In traffic accidents, the accident report, medical reports, the state of fault, vehicle damage records, income documents and other evidence are important for the calculation of compensation.
Even where the damage to a vehicle resulting from a traffic accident has been repaired, a decrease may occur in the vehicle's second-hand market value. In claims relating to vehicle value loss, factors such as how the accident occurred, the state of fault, the age and mileage of the vehicle, the nature of the damage, prior damage records and the repair status are assessed. The legal remedies available for vehicle value loss and the damages that may be claimed are determined according to the specific features of the case.
Where a person is injured in a traffic accident, not only the treatment expenses already incurred but also other economic and non-pecuniary losses arising from the bodily damage may come into question. Depending on the circumstances of the specific case, temporary/permanent incapacity for work, loss of working capacity, caregiver expenses, treatment and medical expenses, loss of earnings and non-pecuniary damages may be assessed. Health board reports and expert calculations may play an important role in the compensation of bodily damage.
Where a person loses their life as a result of an unlawful act or an accident, various material and non-pecuniary compensation claims may arise on behalf of the deceased's relatives. In particular, with respect to loss-of-support compensation, the economic loss suffered by persons who were supported by the deceased during their lifetime is assessed. In addition, depending on the circumstances of the event, funeral and burial expenses and non-pecuniary compensation claims may also arise.
Where persons who benefited from the material support of a deceased person lose that support as a result of the person's death, loss-of-support compensation may be claimed. In calculating the compensation, various factors are assessed, such as the deceased's age, income, the support relationship, the situation of the beneficiaries, expected life span, the state of fault and other economic data. As the calculation of loss-of-support compensation is technical in nature, the specific data may need to be assessed by expert witnesses.
Where an employee is injured or loses their life as a result of a workplace accident, the employer's legal liability and the compensation claims of the injured person or their beneficiaries may arise. In this context, claims such as material compensation, non-pecuniary compensation, permanent/temporary incapacity for work damages, caregiver expenses, treatment expenses and loss-of-support compensation may be assessed according to the circumstances of the specific case. In workplace accidents, the employer's occupational health and safety obligations, the state of fault and the manner in which the event occurred are important.
Occupational diseases arising from working conditions may give rise to the employer's legal and other liabilities. In compensation claims relating to occupational disease, the relationship between the disease and the working conditions, the employer's obligations, the duration of employment, health records and other evidence are assessed.
Where a person suffers damage as a result of another person's unlawful act, liability in tort may arise where the statutory conditions are met. In compensation claims arising from tortious acts, fundamental elements such as the unlawful act, the damage, fault and the causal link are assessed. Depending on the specific features of the case, material and non-pecuniary compensation claims may be asserted.
Unlawful attacks on a person's honor, dignity, private life, image, name and other personal values may give rise to various legal consequences. In particular, in cases such as insult, false or unlawful allegations, violation of private life, unlawful use of personal data, and attacks on personality rights through the internet and social media, material or non-pecuniary compensation claims may arise.
Posts, statements or publications made through the internet and social media may violate a person's personality rights. Depending on the nature of the specific case, legal protection and compensation claims may be assessed on account of acts such as posts containing insults, statements contrary to the truth, sharing of personal data, violation of private life, and unlawful use of images or audio recordings. The correct identification and preservation of digital evidence is important in this type of dispute.
Where one of the parties fails to perform, or fails to duly perform, its contractual obligations and the other party suffers damage as a result, compensation claims may arise depending on the circumstances of the specific case. With respect to breach of contract, the terms of the contract, the parties' obligations, the nature of the breach, the damage, the fault, the causal link, and the conditions for termination or rescission of the contract are assessed together.
With respect to damage occurring during the provision of health services, the legal liability of the healthcare institution or healthcare professionals may arise depending on the nature of the event. In this type of dispute, elements such as the nature of the medical intervention, the information provided to the patient, the nature of the medical procedure, the damage, the fault, the causal link and the health records may need to be assessed through expert examination.
With respect to damage suffered by a consumer as a result of a defect in purchased goods or services received, various legal claims may arise depending on the nature of the specific case. The applicable legal remedies are determined by assessing the nature of the goods or services, the type of defect, the damage that has occurred and the legal status of the parties.
Material damage may arise from defects or unlawful acts occurring during the construction, sale or use of immovable property. Compensation claims may be assessed particularly with respect to construction defects, incomplete or defective workmanship, damage occurring to the immovable property, workmanship contrary to the contract, and damage arising from delay.
Companies or merchants may suffer material damage as a result of unlawful competitive conduct during commercial activities. In disputes arising from unfair competition, legal matters such as the act of unfair competition, damage to commercial reputation, loss of customers, material damage, the termination of unfair competition and compensation claims may be assessed.
In compensation law, it is important not only to determine liability but also to correctly calculate the damage that has occurred. Depending on the nature of the specific case, various data such as income status, age, length of employment, the rate of incapacity for work, the rate of fault, life expectancy, the support relationship, treatment expenses, and past and future losses may be included in the calculation. Expert reports and actuarial calculations may play an important role in compensation calculations.
The mere occurrence of damage may not, in every case, be sufficient for compensation to be claimed on account of an event. The legal basis of liability and the conditions required for the specific case must be assessed. Particularly in disputes arising from tort, the act or event alleged to have caused the damage (the act), the material or non-pecuniary loss that has occurred (the damage), the state of fault with respect to the scope of liability, and the causal link between the act and the resulting damage (the causal link) are assessed. Each of these elements is separately assessed according to the specific features of the case.
In proving compensation claims, different types of evidence may be used depending on the nature of the event, such as accident reports, medical reports, hospital records, expert reports, camera footage, photographs and videos, witness statements, income documents, social security records, workplace records, contracts, invoices, bank records and digital correspondence. Preserving evidence securely immediately after the event may be important for proving the damage and liability at a later stage.
In some compensation disputes, recourse to mediation may be required before a lawsuit is filed. Whether mediation is mandatory must be determined by assessing the parties to the dispute, its legal nature and the special regulations to which it is subject. Where appropriate, our firm provides legal support during mediation negotiations and assesses the legal consequences of settlement agreements.
Statutes of limitations and other statutory time limits are of great importance in compensation claims. The starting point of the period and the applicable limitation period may vary depending on the type of damage, the legal cause, the nature of the event, the status of the parties and the provisions set out in special laws. For this reason, it is important to assess the legal situation without delay after the damage occurs or the event becomes known.
A compensation lawsuit may arise where a person suffers material or non-pecuniary damage as a result of a legal violation or event, and the statutory conditions for compensation are met.
Where the circumstances of the specific case and its legal basis are appropriate, claims for material and non-pecuniary compensation may be asserted within the scope of the same dispute.
Depending on the outcome of the accident, various claims may arise, such as damage to the vehicle, loss of value, treatment expenses, damage arising from incapacity for work, loss-of-support compensation and non-pecuniary damages.
The state of fault may be an important factor in determining liability for compensation and in calculating the amount that may be claimed. The specific case and the determination of fault must be separately assessed.
Where damage occurs as a result of a workplace accident, material and non-pecuniary compensation claims may arise depending on the nature of the event and the conditions of liability.
Persons who have lost support as a result of a death, and relatives who have been non-pecuniarily affected by the event, may bring various compensation claims where the statutory conditions are met.
The amount of compensation varies according to the nature of the claim. For material damages, the specific economic loss, income, age, fault, the rate of incapacity for work and other data are taken into account; for non-pecuniary compensation, the nature of the event and the characteristics of the non-pecuniary damage that has occurred may be taken into account.
The duration of the lawsuit depends on many factors, such as the nature of the dispute, the collection of evidence, expert examinations, medical reports, fault investigations and the court's caseload.
Representation by a lawyer may not be mandatory in every compensation lawsuit. However, since compensation law involves technical matters such as fault, causation, calculation of damage, statutes of limitations and evidence, obtaining a legal assessment before filing the lawsuit may be important in preventing loss of rights.
If you believe you have suffered damage as a result of an accident, an unlawful act, a workplace accident, death, injury, breach of contract or violation of personality rights, it is important, first of all, for the event to be assessed from a legal standpoint. If you need legal support regarding material and non-pecuniary compensation, traffic accidents, vehicle value loss, bodily damage, compensation for death, loss of support, workplace accidents, occupational diseases, tortious acts, violation of personality rights, or damage arising from breach of contract, you may contact us so that the particular features of your case can be assessed.