ENTRANCE
A lawsuit for non-pecuniary damages is a legal action brought to recover moral damages resulting
from the violation of an individual’s personal rights. In the Turkish legal system, non-pecuniary
damages are a legal institution designed specifically to protect personal rights and alleviate the pain,
suffering, and distress experienced by the victim.
This type of lawsuit is regulated by the provisions of the Turkish Code of Obligations (TBK), the Turkish Civil Code
(TMK), and the Turkish Penal Code (TCK). Non-pecuniary damages are typically brought in cases such as violations
of personal rights, torts, divorce cases, workplace accidents, traffic accidents, medical errors, death, or bodily
harm.
The primary purpose of nonpecuniary damages is not to compensate the victim for the moral harm they have suffered through financial
compensation, but rather to provide them with a measure of spiritual peace. Therefore, nonpecuniary damages have a different nature than
material damages and serve more of a “satisfactory” function.
1-) Definition and Purpose of Non-Pecuniary Damages
Non-pecuniary damages are monetary payments ordered by a court to compensate for the moral harm caused by
a violation of personal rights. The purpose here is to partially mitigate, rather than completely eliminate, the
psychological and emotional harm suffered by the victim.
The main purposes of non-pecuniary damages are:
Satisfaction purpose:To alleviate the suffering of the victim.
Deterrent purpose:To promote the prevention of attacks on personal rights.
Ensuring justice:Redress of the injustice suffered by the victim.
2-) Legal Basis
The legal basis for a moral compensation claim is regulated in various laws:
Turkish Code of Obligations (TBK) Article 56 and Article 58:
TCC Article 56:It includes provisions for moral compensation due to death and bodily injuries. TCC
Article 58:It regulates the right to claim moral compensation in case of violation of personal rights.
Turkish Civil Code (TMK) Articles 24-25:- General provisions regarding the protection of personal rights.
Turkish Penal Code (TCK):- It forms the basis for moral compensation in case of violation of personal rights due to criminal acts.
Labor Law:- It allows claims for non-pecuniary damages in case of work accidents and occupational diseases.
Supreme Court Jurisprudence:
The calculation and conditions of non-pecuniary damages are largely determined by case law.
3-) Legal Nature of Non-Pecuniary Damages
There are many opinions in the doctrine regarding the legal nature of moral compensation.
A-) Private Law Criminal Opinion:According to this view, moral compensation serves a punitive purpose, a matter
of private law. The primary objective is not compensation for moral damages, but rather the punishment of the person
or persons whose fault caused the damage. However, the Supreme Court of Appeals has distanced itself from this view
in its decisions, stating that moral compensation does not serve a punitive purpose: “…This amount to be awarded has a
unique quality, similar to compensation, which is intended to provide spiritual peace to the injured party. It is not a
penalty, nor is it intended to compensate for damages related to civil law. Therefore, the limit of this compensation
should be determined according to its purpose.”
B-) Satisfaction Opinion:Non-pecuniary damages are an institution designed to alleviate and alleviate the pain,
suffering, and grief felt by those who have suffered moral harm. Therefore, compensation paid to a person whose
personal rights have been violated aims to satisfy the individual’s sense of rights violation and provide relief to the
victim. While the resulting loss of personal worth cannot be measured in monetary terms, this approach places
the victim’s grief and distress within the realm of legal protection.
C-) Prevention and Deterrence View:Some viewpoints arguing that the legal nature of moral
damages is preventive and deterrent have combined this with its punitive nature. For moral damages
to have a preventive function, when the defendant’s tortious gain exceeds the plaintiff’s damages,
restitution of the difference resulting from the tort must be accepted. Another requirement relates to
the possibility that, even if no unjustified gain is incurred in the defendant’s assets, the amount of
damages may not constitute a sufficient financial sanction to prevent the defendant from committing
the tort, as the defendant is held solely liable for damages.
D-) Social Assistance Opinion:In line with this view, which argues that the line between material and
moral damages is gradually blurring, the compensatory function of moral damages has been prioritized.
Accordingly, moral compensation is becoming a form of social assistance, like alimony, in the face of moral
damages. In cases where material compensation is insufficient, moral damages have a social function, filling
the gaps and shortcomings of this compensation.
E-) Compensatory Opinion:Under this view, when determining moral damages, compensation for moral damages must be
made in kind and in cash. In this sense, the compensatory view differs from the punishment and satisfaction view and, without
considering the pain or suffering felt by the individual and attempting to measure these feelings, which cannot be determined,
is based on the payment of a sum of money to the injured party to compensate for moral damages. Within this view, if
compensation in kind is possible, compensation in kind is pursued. For example, in cases of destroying an unauthorized
photograph or providing treatment for a sick person. If compensation in kind is not possible, compensation in cash is pursued.
4-) Court of Jurisdiction and Competence in Non-Pecuniary Damages Cases
A-) Competent Court:When determining the competent court in a non-pecuniary damages case, it is irrelevant
whether the subject matter of the case concerns property or personal assets; because, pursuant to Article 2 of the Civil
Procedure Code, “the competent court in cases concerning property rights and cases concerning personal assets,
regardless of the value and amount of the subject matter in dispute, is the civil court of first instance, unless otherwise
regulated.” Therefore, the competent court in non-pecuniary damages cases is the civil court of first instance.
B-) Competent Court:The competent court for material and moral damages lawsuits is the court of the
defendant’s place of residence. If the defendant is a legal entity, it is the Civil Court of First Instance located
where the legal entity is headquartered. If there is more than one defendant, the lawsuit can be filed in the
court of the place of residence of any of the defendants.
If there are breaches of contract, compensation lawsuits filed will be in the Civil Court of First Instance where the contract was
performed. In addition, the courts located in the defendant’s residence also have jurisdiction. If the defendant is a legal entity,
the Civil Court of First Instance where the legal entity’s headquarters is located will have jurisdiction. Cases filed for medical
malpractice may also be filed in the aforementioned courts.
Individuals who suffer damages due to a tort have the right to file a lawsuit in the court where the tort occurred.
Furthermore, if the tort caused damages in a location other than where it occurred, they can file a lawsuit in the
court where the damage occurred. Individuals who suffer damages due to a tort also have the right to file a
lawsuit for compensation in the court where they reside.
When it is necessary to file a lawsuit for material and moral compensation for losses arising from
commercial transactions or works, the court to apply is the Commercial Court of First Instance.
5-) Those Who Can Claim Financial Compensation
Those eligible to file a lawsuit for pecuniary damages include those who have suffered losses due to
temporary disability. These lawsuits can cover the financial losses incurred by temporary disability. In cases
of permanent disability, compensation may be awarded based on the individual’s disability rating. The costs
of treatment and damages resulting from the disruption to the individual’s financial future can also be
claimed in pecuniary damages lawsuits.
In addition, funeral expenses in the event of death, medical expenses in cases where death is
not immediate, and compensation for loss of support for those deprived of the deceased’s
support are also among the claims made in financial compensation cases.
Anyone who can prove that they received support from him while they were alive can open it.
6-) Conditions for Non-Pecuniary Damages Cases
Claims for non-pecuniary damages arise from the violation of personal values. Personal rights,
which are not included in the law but have been determined by the Supreme Court, are as follows:- Person’s life,- Personal health,- The person’s bodily integrity,- The person’s mental health,- Damage to a person’s physical, social and emotional personality values due to sadness and grief.
In addition, other conditions required to claim non-pecuniary damages are;- The existence of an attack on a value that can be considered a personal value- This attack was carried out unlawfully.- This unlawful attack has caused moral damage.- In this attack, the person to be held responsible must be at fault or one of the strict liability conditions
stipulated in the law must exist.- The existence of a suitable causal link between the attack in question and the resulting moral damage.
When calculating non-pecuniary damages, the specific circumstances are considered. Furthermore, the parties’ financial
situation, the extent of each party’s fault, the extent of the non-pecuniary damages, and the purchasing power of the money at
the time of the incident are all considered together. In non-pecuniary damages cases, care is taken to ensure that the person
responsible for the damages is not impoverished and the claimant is not enriched. Material and non-pecuniary damages cases
are filed to recover damages resulting from unlawful acts, as well as from actions and transactions.
7-) Situations in which a lawsuit for moral damages can be filed
A-)Non-pecuniary Damages for Copyright Infringement
B-)Non-pecuniary Damages in Divorce Cases
C-)Non-pecuniary Damages in Cases of Crime
D-)Non-pecuniary Damages Due to Acting in Violation of the Contract
TO-)Non-pecuniary Damages Due to Traffic Accident
F-)Non-pecuniary Damages Due to the Doctor’s Faulty Intervention
G-)Non-pecuniary Damages Due to Work Accident
😎 Amount and Calculation of Non-Pecuniary Damages
There is no definitive or determinable amount of compensation in non-pecuniary damages cases. The
purpose of non-pecuniary damages is to compensate for the harm suffered by a person due to the grief,
sorrow, and pain they have experienced. This varies from case to case. Therefore, non-pecuniary damages
must be evaluated and calculated for each specific case, taking into account all the circumstances of the case.
Courts also base their ruling on these criteria when awarding non-pecuniary damages. Accordingly,- The nature of the concrete dispute giving rise to the obligation to compensate and the special circumstances of the concrete case- The financial situation and solvency of the plaintiff and defendant of the case- The degree of fault of the parties in the dispute that forms the basis of the claim- The magnitude of the pain and suffering felt by the plaintiff and its acceptability within the framework of generally accepted rules.
Evaluating these criteria for each concrete case is very important in terms of evaluating and
determining non-pecuniary damages.
9-) Subject of the Non-Pecuniary Damages Case
A lawsuit for moral damages can be filed against any violation of personal rights. The most
common cases in this context are:
Cases of bodily harm and death:- Traffic accidents- Work accidents- Doctor errors
In the context of divorce and family law:
- Cheating (adultery)- Abandonment- Physical or psychological violence by the spouse
Violation of personal rights through the press:- Insult, slander or derogatory news and publications
Violations via the internet and social media:- Damage to the person’s reputation- Violation of privacy
10-) Conditions of Non-Pecuniary Damages Case
In order to file a lawsuit for non-pecuniary damages, the following conditions must be met:
Attack on personal rights:- It is the most basic condition for moral compensation.- Insult, slander, violation of privacy, etc. are examples of this.
Tort or unlawfulness:- The attack must be unlawful.- In case of legitimate defence or fulfillment of legal provisions, no unlawfulness occurs.
Emergence of moral damage:- The victim must feel pain, suffering or distress.
Causal link:
There must be a causal link between the attack and the resulting moral damage.
11-) Process for Filing a Non-Pecuniary Damages Case and the Competent Court
Non-pecuniary damages lawsuits are filed to compensate the injured party for the pain, suffering, and distress
they experience in cases such as violation of personal rights, tort, divorce, mobbing in a business relationship,
traffic accidents, or attacks through the press. These lawsuits are governed by the Turkish Code of Obligations,
the Civil Code, the Labor Code, and special laws.
1-) Determination of Legal Basis:
Before filing a lawsuit, the legal nature of the incident must be clarified and the legal article under which compensation is sought must be
determined. For example, if personal rights are violated, Article 58 of the Turkish Code of Obligations applies; if compensation is sought due to
divorce, Article 174/2 of the Turkish Code of Obligations applies.
2-) Determination of the Competent and Authorized Court:
In general, the competent court is the Civil Court of First Instance.
In divorce cases, the Family Court may have jurisdiction, while in cases involving employment relationships, the Labor
Court may have jurisdiction. The jurisdiction varies depending on the jurisdiction of the case.
The competent court is the court of the place where the tort was committed or the place of residence of the defendant.
3-) Preparation of the Petition:
The petition must clearly state the violation or damage to personal rights, provide a concrete explanation of
how the moral damages occurred, and specify the requested amount. It is also important to clearly state the
evidence (witnesses, documents, images, etc.).
4-) Statute of Limitations:
The general statute of limitations for non-pecuniary damages cases is two years from the date the tort and the perpetrator are
discovered, and in any case, ten years from the date the act occurred. For actions subject to criminal litigation, this period may be
extended according to the criminal statute of limitations.
5-) Trial Process and Presentation of Evidence:
After the lawsuit is filed, the opposing party presents their defense, the parties present their evidence, and the court makes its decision based
on the facts of the case. The amount of non-pecuniary damages is determined at the judge’s discretion, but is based on criteria such as the
severity of the incident, the parties’ social standing, and the degree of fault.
6-) Finalization of the Decision and Collection:
If the court awards moral damages, the amount can be collected through enforcement proceedings after the decision
becomes final. The court may reduce the amount of compensation or dismiss the case entirely.
Burden of Proof- In a lawsuit for non-pecuniary damages, the plaintiff is obliged to prove the existence of damage and the attack on personal
rights.
12-) Determination of the Amount of Non-Pecuniary Damages
While the determination of the amount of non-pecuniary damages is based on the judge’s discretion, this discretion should not be
arbitrary; it should be shaped by legal principles, established precedents, and the specific circumstances of the case. Pursuant to Article
58 of the Turkish Code of Obligations, anyone whose personal rights have been unlawfully violated may claim an appropriate amount
of non-pecuniary damages. However, this “appropriateness” depends on numerous criteria, including the victim’s circumstances, the
perpetrator’s fault, and the severity of the act.
The main criteria taken into consideration in the determination are:- The gravity and nature of the act: Whether the act was committed intentionally or negligently, whether it was publicly
reported, and whether it was a systematic or isolated attack are all important. For example, systematic insult or slander may be
grounds for higher compensation.- The grief and sorrow felt by the injured party: Since moral damage cannot be measured concretely, the
psychological effects suffered by the victim, the loss of reputation in society or the social difficulties experienced
are taken into consideration.- The social and economic situations of the parties: Compensation must be determined in a way that neither provides unjust enrichment to the
victim nor excessively distresses the economic situation of the perpetrator. This is required by the principle of fairness.- Degree of fault: Whether the perpetrator has a degree of intent or gross negligence also affects whether the
compensation is increased or decreased.
13-) Supreme Court Jurisprudence in Non-Pecuniary Damages Cases
In cases involving non-pecuniary damages, the Court of Cassation’s precedents are crucial for ensuring uniformity in practice
and defining the limits of judges’ discretion. The fact that non-pecuniary damages, in particular, cannot be expressed in
concrete terms due to their nature, makes the precedents formed by the Court of Cassation’s decisions over the years even
more valuable.
The Court of Cassation emphasizes that nonpecuniary damages are compensatory, not punitive. The purpose of this
compensation is to alleviate the pain and suffering felt by the victim. Therefore, nonpecuniary damages should be
determined proportionately, not to enrich the victim, but also not to minimize the damages incurred. This is a principle
frequently emphasized in Court of Cassation decisions.
According to the established precedents of the Supreme Court:
The degree of fault is one of the primary factors that directly impacts the amount of compensation. Circumstances such as the perpetrator’s
intent, gross negligence, or systematic attack can increase the amount of compensation.- The social and economic situations of the parties should be taken into account; this is used as a
balancing element to prevent excessive or inadequate decisions.
The gravity of the action and its impact on society are important criteria, particularly in cases involving attacks on
personal rights. In attacks perpetrated through the press, the risk of reaching a wider audience may lead to
increased compensation.- Compensation amounts awarded in similar cases are evaluated comparatively. The Supreme Court can
overturn local court decisions, stating that compensation amounts that are disproportionate to precedent
decisions are unfair.- In line with the principle of proportionality, in cases where compensation claims are excessive, the Supreme Court partially overturns
the decisions of the local courts and requests that the amounts be reduced to reasonable levels.
In recent years, the Supreme Court of Appeals has emphasized that moral compensation not only
compensates for individual harm but also serves as a legal and social deterrent. Therefore, in its
decisions, it adopts a balanced approach that ensures both the redress of individual grievances and the
prevention of similar acts.
14-) Relationship of Non-Pecuniary Damages Cases with Other Legal Remedies
Non-pecuniary damages lawsuits are private legal actions brought by individuals who have suffered a violation of their
personal rights or serious harm, seeking to partially compensate for the pain, suffering, and distress they have suffered.
However, these lawsuits are not an isolated avenue within the legal system; they are directly or indirectly related to
many other legal institutions and types of litigation.
Relationship with Criminal Law:
An act can be both a crime and a tort. For example, acts such as insult, threat, or assault can be subject
to criminal proceedings and also constitute an invasion of personal rights, leading to a claim for moral
damages. In such cases, the results of the criminal trial may be considered evidence in civil
proceedings; however, an acquittal by the criminal court does not necessarily eliminate the claim for
compensation.
Relationship with Divorce Cases:
Under the Turkish Civil Code, a claim for nonpecuniary damages may be made in connection with a divorce.
This claim may be filed alongside the divorce case or within one year of the divorce being finalized.
These types of non-pecuniary damages are directed to the spouse who is at fault for the breakdown of the marriage.
Relationship with Labor Law:
Employer-inflicted attacks on an employee’s personal rights (e.g., mobbing, insults, discrimination) may be subject
to a non-pecuniary damages lawsuit under the Code of Obligations and the Labor Law. In this context, a claim for
non-pecuniary damages can be considered alongside procedures such as termination and reinstatement under
labor law.
Distinction and Interaction of Compensation by Type:
Non-pecuniary damages can be claimed alongside pecuniary damages. However, because these two types of damages target different
damages, one is not dependent on the other. Depending on the nature of the incident, the court may award only non-pecuniary
damages, only pecuniary damages, or both. The existence of multiple legal remedies for damages arising from the same incident
should be interpreted in favor of the injured party; however, “double compensation for the same damages” should be avoided.
Relationship with Administrative Law:
If a public official’s personal rights are violated as a result of their unlawful actions, compensation for non-pecuniary damages may be
claimed against the administration as part of a full jurisdictional action. The administrative court has jurisdiction in this case, and the
assessment is conducted in accordance with private law provisions.
CONCLUSION
Claims for non-pecuniary damages hold a significant place in our legal system, seeking to protect personal rights
and provide some relief from the emotional distress experienced by the injured party. While material damages
are measurable, moral damages are abstract and subjective, and while the judge’s discretion in these cases is
broad, this discretion must be exercised not arbitrarily, but within the framework of fairness, proportionality, and
judicial precedent.
Nonpecuniary damages serve not only to compensate individuals for their losses but also to
strengthen social justice by responding to violations of the rule of law. In this respect, compensation’s
function is to offset harm and provide the victim with a sense of legal certainty, rather than to impose
punishment.
As emphasized in the established jurisprudence of the Court of Cassation, when determining the amount of non-pecuniary
damages, the gravity of the action, the social and economic circumstances of the parties, the degree of fault of the perpetrator,
and the moral impact of the incident must be taken into account. These criteria contribute to consistency across courts and to
limit subjective decisions.
Particularly in recent years, with the strengthening of individual rights and the increased predictability of judicial
decisions, lawsuits for nonpecuniary damages have gained greater importance both in practice and theory.
However, it is important to remember that these lawsuits are not aimed at financial enrichment, and each specific
case must be evaluated on its own merits.
In conclusion, lawsuits for non-pecuniary damages are a functional legal remedy that protects individual rights and
increases legal awareness in society. The effective and fair operation of this institution will contribute to the
establishment of a sense of rights and responsibilities at both the individual and societal levels.
THE MOST CURIOUS ABOUT THE NON-PECRISIS DAMAGES CASE
THINGS TAKEN
1-) What is a moral damages lawsuit?
A lawsuit for non-pecuniary damages is filed to partially compensate for the emotional distress, pain, distress, and
suffering resulting from the violation of personal rights. The purpose of this lawsuit is not to eliminate the
emotional distress suffered by the victim, but rather to mitigate it to some extent.
2-) In what cases can a lawsuit for non-pecuniary damages be filed?
A lawsuit for non-pecuniary damages may be filed in the following situations:- Death or injury resulting from a traffic accident,- Work accident or occupational disease,- Insult, slander or attack on personal rights,- Violation of the confidentiality of private life,- Damaging reputation through social media or the press,- Serious faulty behaviour of the spouse in the divorce case (e.g. adultery or violence).
3-) Who has the right to file a lawsuit for non-pecuniary damages?
The right to claim non-pecuniary damages belongs to the person whose rights have been violated. However, in the event of death, the
deceased’s relatives (such as spouse, children, mother, father) may also claim non-pecuniary damages.
4-) What is the time limit for filing a lawsuit for non-pecuniary damages?
The statute of limitations for non-pecuniary damages cases is determined as 2 years from the date of knowledge
of the tort, and in any case, 10 years from the date of the act.
If the action also constitutes a crime, the longer statute of limitations in criminal cases applies.
5-) In which court can a lawsuit for non-pecuniary damages be filed?- Civil Courts of First Instance are generally competent.- Divorce and non-pecuniary damages cases related to family law are heard in Family Courts.- Non-pecuniary damages lawsuits related to work accidents are filed in Labor Courts.
6-) How is the amount of non-pecuniary damages determined?
The following points are taken into consideration when determining the amount of non-pecuniary damages by the judge:- The gravity of the incident and the moral damage it caused,- Economic and social situations of the parties,- The degree of fault of the perpetrator,- The extent of the damage suffered by the victim.
According to the Supreme Court, the amount of moral compensation cannot be a means of enrichment, it only aims to alleviate the
suffering of the victim.
7-) Can financial compensation be claimed in a non-pecuniary damages case?
Yes. In cases such as traffic accidents, workplace accidents, or medical malpractice, both financial compensation (e.g.,
treatment expenses, loss of income) and non-pecuniary damages can be claimed.
😎 Can a lawsuit for non-pecuniary damages be filed independently of a criminal lawsuit?
Yes, a lawsuit for non-pecuniary damages can be filed independently of the criminal case.
However, if the action also constitutes a crime, the decision made in the criminal case may also affect the non-pecuniary
damages case.
9-) Who has the burden of proof in a non-pecuniary damages case?
In a non-pecuniary damages case, the burden of proof lies with the plaintiff.
The plaintiff must prove with evidence that his/her personal rights have been violated and that he/she has suffered moral damage due to this
violation.
For example:- Witness statements in defamation cases,- Accident report in traffic accidents,- Documents such as workplace records can be used in case of a work accident.
10-) Can moral compensation be claimed in a divorce case?
Yes, moral compensation can be claimed along with the divorce case.
For example:- Adultery,- Physical violence,- In cases such as serious insult, moral damages may be awarded.
These requests are evaluated within the scope of Article 174 of the Turkish Civil Code.
11-) Can the full amount claimed in a non-pecuniary damages case be awarded?
The judge may award the full amount requested or a lesser amount. The amount of nonpecuniary damages is
determined based on the circumstances of the case and the circumstances of the parties.
12-) Can interest be claimed in a non-pecuniary damages case?
Yes. Legal interest may be claimed for non-pecuniary damages.
Interest generally accrues from the date of the lawsuit.
However, if there is a different agreement between the parties or if the court decision states otherwise, the interest start date
may change.
13-) How long does it take to conclude a moral damages lawsuit?
The duration of a non-pecuniary damages case varies depending on the complexity of the incident, the state of evidence, and the
court’s workload.
It usually takes between 6 months and 1.5 years to complete.
14-) Can a lawsuit be filed for non-pecuniary damages for insults made on
social media?
Yes. Insults, slander, or derogatory posts made on social media platforms may be subject to a lawsuit for
non-pecuniary damages if they constitute an attack on personal rights.
As evidence to the court:- Screenshots,- URL information of the shares,- Notary determinationcan be offered.
15-) Is it mandatory to hire a lawyer when filing a lawsuit for non-pecuniary damages?
No, it’s not mandatory to hire a lawyer. However, because non-pecuniary damages cases require technical and legal
knowledge, it’s recommended to pursue a claim with a lawyer to avoid losing your rights.
COURT OF APPEALS ON NON-PECUNIARY DAMAGES CASES
DECISIONS
1-) Supreme Court 21st HD – Decision No: 2014/12199 (Amount of Non-Pecuniary Compensation for Work Accident);
“…The amount of non-pecuniary damages determined as 30,000 TL to the worker who suffered 88% permanent disability due
to the work accident he had in 2007 is quite low when we take into account the Supreme Court of Appeals’ Unification Decision
dated 22.06.1966 and dated 7/7…”
2-) Supreme Court of Appeals HGK – 2014/575 Decision (Amount of Non-Pecuniary Compensation for Work Accidents);
“…In the workplace accident that occurred in 2008, the degree of incapacity of the worker was
39%, the plaintiff was 30% at fault, and the defendants were 70% at fault, and the 90,000 TL moral
compensation awarded in favor of the worker is high…”
3-) Supreme Court 10th HD – Decision No: 2022/10879 (Traffic Accident Non-Pecuniary Compensation
Amount);
“…It is clear that the non-pecuniary damages of 100,000 TL, which was awarded to the plaintiff’s wife, for the worker who died as a
result of the work accident dated 07.04.2011, are excessive, and the non-pecuniary damages of 60,000 TL, which was awarded to the
plaintiff’s child, are insufficient…”
4-) Supreme Court of Appeals HGK – 2013/201 Decision (Traffic Accident Non-Pecuniary Compensation
Amount);
“…The amount of non-pecuniary damages awarded in favor of the plaintiff, who suffered a 47% disability due to the amputation of his
leg as a result of a traffic accident, was 19 years old at the time of the accident, and was at fault, is appropriate in the amount of
80,000 TL…”
5-) Supreme Court 12th CD – Decision No: 2022/6154 (Amount of Non-Pecuniary Damages Due to
Unfair Detention);
“…The 252,000 TL moral compensation awarded in favor of the person who was unjustly detained for 627 days between
30/09/2012 and 19/06/2014 was found to be excessive. Although there is no objective criterion, the moral compensation to be
awarded should be taken into account in terms of the social and economic situation of the plaintiff, the nature of the crime he
was accused of, the nature of the incident that led to his arrest, the duration of his detention, and similar matters.
“While the amount should be determined and determined as a reasonable amount in accordance with the principles of justice and
fairness, taking into account the monetary value to be obtained with interest until the date the case is finalized, the award of excessive
moral damages, which does not comply with the determined criteria and exceeds the precedent practices, is grounds for reversal…”
The Importance of Legal Support
Non-pecuniary damages cases require technical knowledge, a thorough understanding of the law, and
in-depth expertise in judicial practices. While the legal provisions are clear, each case has its own
unique circumstances, and even a small mistake can lead to a loss of rights. Therefore, working with an
experienced attorney from the outset is crucial to developing the right strategy, protecting your rights,
and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.