Compensation for Loss of Support

Compensation for Loss of Support | Lawyer in Izmir

Compensation for loss of support is a type of lawsuit filed to compensate those who were dependent on the deceased for the financial losses they will suffer as a result of the death. Along with this financial compensation, it is also possible to claim compensation for moral damages.

Compensation for loss of support is regulated in Article 53 of the Turkish Code of Obligations. Turkish Code of Obligations According to 53/1-3, it is defined as: "The losses suffered by those who are deprived of the support of the deceased." Another definition is: "The damage suffered by those who received support from the deceased because that support ceased due to the death.".

Compensation for loss of support is a damage incurred by those deprived of support upon death, regardless of their status as heirs. The right to claim compensation for loss of support is not a right inherited from the deceased, but an independent right arising from the claimant.

Scope of Compensation for Loss of Support

1. Non-pecuniary damages

In addition to a claim for material damages for loss of support, moral damages can also be claimed. Article 56/2 of the Turkish Code of Obligations states that "In cases of serious bodily harm or death, a suitable amount of money may be awarded as moral damages to the injured party or the relatives of the deceased." Since the purpose of moral damages is to alleviate, at least partially, the pain and suffering caused by the event, the amount of moral damages should be determined by considering the date of the accident, the manner in which the event occurred, the degree of fault, and the social and economic status of the parties.

2. Monetary Compensation

Compensation for loss of support is a type of monetary compensation, where the injured party bears the burden of proof for the damage and the fault of the perpetrator. If the exact amount of the damage cannot be proven, the judge, taking into account the ordinary course of events and the measures taken by the injured party, determines the amount of the damage fairly (Turkish Code of Obligations, Article 50). Individuals who have lost the support of the deceased may request compensation for all material losses resulting from the loss of support they would have received throughout the deceased's working life. The monetary equivalent that the deceased could have provided to their relatives during their support period should be calculated and given to the relatives as compensation for loss of support.

How is Loss of Support Compensation Calculated?

Certain criteria are used in determining the value of compensation for loss of support. One of these is attempting to determine the deceased's economic means and the income they earned or would have earned if they had not died. In determining the deceased's income, salary slips are used, or if these are unavailable, income can be determined by inquiring with professional associations. If it is not possible to determine the deceased's income through these methods, an attempt should be made to determine comparable wages. Furthermore, the deceased's lifespan is taken into account in calculating the compensation. If the deceased was married, had children, or was single but supported their parents, this is also considered in the calculation of compensation for loss of support. Calculating compensation for loss of support is a technical matter. For example, if the deceased was forty years old, the compensation amount is determined by considering their average remaining lifespan using established tables.

Authorized and GöCourt of Justice:

Article 2 of the Code of Civil Procedure No. 6100 stipulates that the Civil Court of First Instance has jurisdiction in cases concerning personal assets, regardless of the value or amount of the subject matter of the lawsuit. Unless otherwise stipulated, the Civil Court of First Instance has jurisdiction. However, if a conflicting regulation exists, the competent court must be determined accordingly. In this context, it is necessary to examine the jurisdiction of the Commercial Court of First Instance and the Labor Court, particularly considering the specifics of the case. The jurisdiction of the Commercial Court of First Instance is regulated in Article 4 of the Turkish Commercial Code No. 6102. This regulation stipulates that civil lawsuits arising from matters related to the commercial enterprises of both parties, uncontested judicial matters, and civil lawsuits arising from matters stipulated in the Turkish Commercial Code, regardless of whether the parties are merchants or not, are considered commercial lawsuits. In commercial lawsuits, the Commercial Court of First Instance has jurisdiction. Therefore, seeking legal support from a lawyer is crucial to prevent the lawsuit from being dismissed on procedural grounds.

In cases involving claims for compensation for loss of support arising from violations of bodily integrity, the competent court is the general court of jurisdiction under Article 6 of the Code of Civil Procedure (HMK), which is the court of the domicile of the natural person defendant at the time the lawsuit is filed, or the court of the headquarters of the legal entity defendant. If there are multiple defendants, the court of the domicile of each defendant is also competent, in accordance with Article 7 of the HMK.

Compensation for Loss of Supportin Statute of limitations :

The statute of limitations for a claim for compensation for loss of support is two years, as per Article 72 of the Turkish Code of Obligations, for damages arising from torts, starting from the date the damage and the liable party are learned. Even if the liable party or the damage is learned later, the right to file a claim for material and moral damages due to loss of support expires after ten years.

Relevant Supreme Court Decisions:

(YArgıtay 4.Hlaw Diaresi's  2018/2928 E., 2019/2868 K., And 15.05.2019 decision datedThe purpose of compensation for loss of support is to compensate the person who will be deprived of the deceased's support at the time of the accident and/or in the future. It is not a requirement for the claimant to be an heir of the deceased. Indeed, this is explicitly stated in Article 53 of the Turkish Code of Obligations No. 6098 as "persons deprived of the deceased's support," and the term "heir" is not used. Furthermore, even if the person deprived of support renounces the inheritance, they still have the right to claim compensation for loss of support.

(Court of Cassation, 4th Civil Chamber, Decision No. 2007/5604 E., 2008/4057 K., dated 27.03.2008 decision datedThe law states: “The purpose of compensation for loss of support is to ensure that the person who has lost support receives an amount of money that will allow them to maintain their social and economic standard of living as it was before the death. For support to be considered, it is not necessary for the assistance to be solely monetary. Active and regular service acts are also sufficient for someone to be considered a supporter.” Therefore, the assistance provided will not be limited to a value that can only be measured in monetary terms.

(The decision of the 17th Civil Chamber of the Supreme Court of Appeals, numbered 2015/6467 E., 2018/214 K., dated 18.01.2018.🙂 In this specific case, it was stated that the father of the deceased sibling and the surviving sibling had passed away before the deceased's death, the surviving sibling was 15 years old, the siblings lived together, the deceased sibling was unmarried, and since the deceased sibling provided financial support for the surviving sibling, the surviving sibling had the right to claim compensation for a certain period of time.

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