The extent, nature or how to determine financial compensation due to tort is an important issue. Compensation is the price paid in response to material or moral damage caused as a result of an unlawful act (tort), the payer of damages.

Ankara compensation lawyer-compensation is a value or effect of money paid by the responsible person to the person who suffered the damage for the purpose of eliminating the damages or decided to be paid by the court.

Compensation is divided into material and spiritual. Financial compensation is the equivalent of a decrease in the assets of a person who has been subjected to illegal behavior. Moral compensation is the spoon of pain, suffering and spiritual depression suffered by a person whose personal rights have been violated by illegal behavior.

What Is Property Damage? How Is Financial Compensation Determined?
Material damage is the difference between the situation that occurred as a result of the damaging action in the assets of the person who was subjected to the damaging action and the situation that existed decisively before that action. This reduction in assets must be due to unfair action and real.

Material damage is of two kinds:

Actual loss (active reduction in assets),
Deprived profit(multiplication that can occur in assets if it is not a verb)
If the damage is tangible and determinable, the plaintiff’s job is easy. Determining the deprived abdomen may be difficult. In cases where the actual amount of damage cannot be determined, the burden of proof of the plaintiff is relieved, and it is up to the judge to determine the damage. The judge considers the normal course of events, the economic and social situation of the victim, and the amount of damage in accordance with fairness, taking into account the measures he has taken.

On What Dates Is The Material Loss Calculated?
As a rule in practice, it is calculated based on the date when the damaging event occurred. If the loss occurs between the date of occurrence and the date of decisionment, the loss is covered by interest.

What Are The Benefits That Should Be Reduced From Harm?
It is also possible that sometimes an increase in the assets of the person who is damaged as a result of the tort occurs. In order to find net loss in this case, the amount of increase in assets as a result of tort must be deducted from the amount of gross loss. For example, if a vehicle worth TL 20,000 was completely damaged as a result of a traffic accident and its scrap was sold for 5000tl, here the scrap value is deducted from the damage and the actual damage is TL 15,000.

In torts, damages are calculated first(taking into account the reasons for the discount) and then compensation. For example, after deducting the amount of damage from the defect of the counterparty, and then the payment made by the insurance, the collection of the remainder is decided.

Determination Of Financial Compensation
After determining the damage, it will be necessary to determine the compensation by evaluating the characteristics of the event. 51 of TBK(Law of Obligations) .according to the article, the judge stated that compensation will be determined by taking into account the scope and manner of payment, the necessity of the situation and, in particular, the weight of the defect. 52 of the article, the reasons for deducting compensation are regulated. Financial compensation will be determined by taking these considerations into account.

What Are The Reasons For Deducting Financial Compensation?
Lightness or October defect of the harmdoer’s defect(TBK 51/1 M)
Consent of the Harmer to the harm(TBK 52 / 1M)
Muteraphic defect of the damaged one(TBK 52/1 m)
Worsening of the financial situation of the damaged due to compensation(TB 52/2 m)
The properties of the event due to causes
a)unexpected events

b)the body of the damaged person

c)weak illusory bond


Persons who have been harmed due to tort may file a claim for damages against the person who has caused the damage in order to cover these damages. Those who wonder how and why compensation claims can be filed should first know what kind of compensation claims to file. Those whose personal rights have been attacked can file claims for moral compensation, while in the event of a material loss, they have the right to sue for material compensation. In compensation cases, it will be appropriate to obtain professional legal assistance, as the grounds of the case, evidence, and expert reviews will determine the outcome of the case if necessary.

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