What Is a Compensation Claim for Loss of Support? How to File It?
In this article, we aim to present basic information in a short, clear, and practice-oriented way about loss-of-support compensation claims that may be brought by persons who are deprived of someone’s financial support because that person died as a result of a traffic accident, workplace accident, tort, or other unlawful act. Loss-of-support compensation is one of the most common damages claims in practice and aims to remedy the economic loss suffered by the deceased’s relatives. In some cases, depending on the circumstances, non-pecuniary damages may also be claimed in the same lawsuit. In this context, the article addresses the questions most frequently asked in practice, such as what a loss-of-support compensation lawsuit is, in which cases it can be filed, who can file it, which court has jurisdiction, and how the proceedings progress.
What is a loss-of-support compensation lawsuit?
A loss-of-support compensation lawsuit is a pecuniary damages action filed to remedy the economic loss suffered by persons who are deprived of someone’s financial support because that person died as a result of an unlawful act.
The purpose of this compensation is to cover the loss arising from the economic support the deceased would have provided had they continued to live.
If the death also caused non-pecuniary harm to the deceased’s relatives, both loss-of-support compensation and non-pecuniary damages may be claimed where the conditions are met.
Loss-of-support compensation is regulated under Article 53 of the Turkish Code of Obligations; non-pecuniary damages are regulated under Article 56 of the Turkish Code of Obligations.
In which cases is a loss-of-support compensation lawsuit filed?
This lawsuit may be filed when a person dies as a result of a faulty or unlawful act. In practice it is most often filed due to:
- traffic accidents
- workplace accidents
- medical malpractice
- intentional or negligent homicide
- other torts
What matters is that there is an adequate causal link between the death and the unlawful act.
Who can file a loss-of-support compensation lawsuit?
This lawsuit may be filed by persons who actually benefited from the deceased’s support or who, in the ordinary course of life, would be expected to benefit from it in the future. Depending on the facts, these may include:
- the spouse
- children
- parents
- a fiancé(e)
- persons living with the deceased and supported by them
Loss-of-support compensation is not a right reserved only for heirs. Persons who are not heirs but can prove they benefited from the deceased’s financial support may also file this lawsuit where the required conditions are met.
Against whom is a loss-of-support compensation lawsuit filed?
Depending on the nature of the incident, the lawsuit may be filed against:
- the person who caused the harm
- the vehicle operator
- the vehicle driver
- the compulsory motor liability insurer
- the employer
- other liable parties
Who the defendants are may vary according to how the incident occurred and the applicable liability rules.
Which court is competent and has jurisdiction in a loss-of-support compensation lawsuit?
The competent court depends on the legal basis of the claim. For example, in disputes arising from traffic accidents the Civil Court of First Instance is generally competent; in workplace accident disputes the Labour Court; and in some disputes arising from consumer transactions the Consumer Court may be competent. The court with venue is determined under the Turkish Code of Obligations, the Code of Civil Procedure, and relevant special statutes according to the facts of the case.
Is there a limitation period for a loss-of-support compensation lawsuit?
The limitation period applicable to this lawsuit varies depending on the source of the harm. For example, claims arising from traffic accidents are subject to the Highway Traffic Law; workplace accidents to the relevant labour and social security legislation; and other torts to the limitation provisions of the Turkish Code of Obligations. Therefore, the limitation period must be assessed separately for each concrete case.
What should be done before filing the lawsuit?
Before filing the lawsuit, the following should be prepared:
- official documents relating to the death
- autopsy report (if any)
- documents relating to the criminal investigation or criminal case
- traffic accident report or workplace accident documents (if any)
- documents relating to insurance applications
- information and documents showing the support relationship
Especially for certain compensation claims arising from traffic accidents, an application to the insurance company may be mandatory before filing a lawsuit.
How does a loss-of-support compensation lawsuit proceed?
A loss-of-support compensation lawsuit generally proceeds through the following stages:
- The statement of claim is prepared and submitted to the competent court.
- The parties’ evidence is collected.
- Where necessary, the criminal case file and relevant institutional records are obtained.
- A fault assessment is conducted.
- An actuarial expert calculates the loss-of-support compensation.
- Witnesses are heard if deemed necessary.
- The court rules on pecuniary and, if claimed, non-pecuniary damages.
How long does a loss-of-support compensation lawsuit take?
The duration depends on the nature of the incident, the number of parties, expert examinations, whether the criminal file must be awaited, and the court’s workload. In practice, such cases are often concluded within 1 to 3 years. Depending on the circumstances, the period may be shorter or longer.
FREQUENTLY ASKED QUESTIONS ABOUT COMPENSATION CLAIM FOR LOSS OF SUPPORT
The information on this page is prepared for general guidance purposes. The legal rules applicable to loss-of-support compensation claims may vary depending on the cause of death, the parties’ legal status, and the facts of the case. A case-specific legal assessment is important so that the scope of loss-of-support and non-pecuniary claims can be determined correctly, limitation periods are not missed, and rights are not lost.