How to File a Compensation Lawsuit? Pecuniary and Non-Pecuniary Claims for Damages

In our legal system, individuals who suffer harm as a result of violations of personal rights, traffic accidents, workplace accidents, tortious acts, or breaches of contract may seek redress by filing a compensation lawsuit. Pursuant to the Turkish Code of Obligations, the Turkish Civil Code, and other relevant special statutes, the aggrieved party may claim either pecuniary or non-pecuniary damages.

In this article, we will address the questions of “How to file a compensation lawsuit, under what circumstances it may be initiated, and how the process unfolds.” We will particularly examine the distinctions between pecuniary and non-pecuniary claims for damages, as well as the key considerations that must be taken into account.

What Is a Compensation Lawsuit?

A compensation lawsuit is a legal action brought by an injured party before the court in order to recover losses sustained as a result of a wrongful act, negligent conduct, or breach of contract.

• Pecuniary Compensation Claim → Seeks to remedy economic losses suffered (e.g., medical expenses, loss of income, or damage to property).

• Non-Pecuniary Compensation Claim → Seeks redress for non-material harm arising from the violation of personal rights (such as distress, grief, or reputational damage).

Circumstances in Which a Compensation Lawsuit May Be Filed

Compensation lawsuits encompass a broad range of circumstances. The most frequently encountered situations include:

• Traffic Accidents – Injuries, fatalities, or property damage arising from motor vehicle accidents.

• Workplace Accidents – Harm suffered by an employee due to the employer’s failure to take necessary safety measures.

• Breach of Contract – Failure to make payment or failure to perform goods or services as contractually agreed.

• Tortious Acts – Defamation, slander, or other infringements of personal rights.

• Divorce Proceedings – Claims for non-pecuniary damages arising from the culpable conduct of a spouse.

Pecuniary Compensation Claim

To bring a pecuniary compensation claim, the following elements must be established:

• The existence of damage or loss,

• A causal link between the damage and the wrongful act or breach of contract,

• The fault or liability of the opposing party.

Example: Repair costs of a vehicle in a traffic accident, loss of income due to an incapacity report, or medical expenses.

Non-Pecuniary Compensation Claim

Non-pecuniary compensation is awarded to remedy harm that cannot be easily measured in monetary terms, particularly damage suffered in a person’s emotional or spiritual sphere. Such claims may be brought in cases of defamation, slander, unlawful detention, serious bodily injury, or the loss of a close relative.

In determining the amount of non-pecuniary compensation, the court takes into account the principle of equity and assesses the circumstances of the case accordingly.

Conclusion

Compensation lawsuits are among the most significant legal mechanisms for protecting the rights of the injured party and ensuring the redress of harm suffered. However, the process requires close attention to technical details, proper collection of evidence, and the accurate establishment of legal grounds.

🔑 Recommendation: Before initiating a compensation lawsuit, it is highly advisable to seek the assistance of a qualified attorney so that the proceedings may be conducted before the correct court, under the appropriate type of claim, and with the proper evidentiary support.