What is the difference between pecuniary and non-pecuniary compensation?
Pecuniary (material) compensation covers damage that appears in a measurable way in a person’s assets. Under the Turkish Code of Obligations (TBK) Arts. 53–54, this includes medical expenses, loss of earnings, reduction or loss of the ability to work and, in the event of death, damage from loss of financial support.
Non-pecuniary (moral) compensation is redress for the pain and suffering a person has experienced. The judge determines the amount, taking into account the seriousness of the incident, the circumstances of the parties and fairness (TBK Arts. 56 and 58).
How is compensation claimed after a traffic accident?
In traffic accidents, the damage is first claimed from the insurance company under compulsory motor third-party liability insurance. Under the Highway Traffic Act (KTK) Art. 97, a written application must be made to the insurance company before filing a lawsuit or applying for arbitration; if the company does not respond within fifteen days or meets the claim only in part, the claimant may file a lawsuit or apply to the Insurance Arbitration Commission.
Claims for loss of vehicle value, damage arising from injury and loss of financial support are assessed together with the fault ratios and medical reports.
From whom is workplace accident compensation claimed?
The employer is obliged to take occupational health and safety measures. In the event of a workplace accident or occupational disease, the employee or, in the event of death, their relatives may claim pecuniary and non-pecuniary compensation from the employer; the fault ratios are determined by expert examination.
Mandatory mediation before filing a lawsuit is not required in compensation cases arising from workplace accidents. For other claims relating to the employment relationship, see our employment law page.
Which court hears a medical malpractice compensation case?
In medical malpractice claims, the route depends on the institution where the healthcare service was received. Claims against private healthcare institutions and doctors are brought before the ordinary civil courts.
For damage arising from treatment at public hospitals, an application is first made to the relevant administration, followed by a full remedy action (tam yargı davası) before the administrative courts. In both routes, obtaining complete medical records is decisive.
Non-pecuniary compensation and other remedies for violations of personality rights
Under the Turkish Civil Code (TMK) Arts. 24–25, a person whose personality rights have been harmed by insult, false accusation or online publications may request that the attack be prevented and stopped and that non-pecuniary compensation be paid. The application procedures under Internet Law No. 5651 may also be used to have access to online content removed.
Which court hears a compensation case in Ankara?
Under the Code of Civil Procedure (HMK) Art. 16, compensation cases arising from torts may be filed with the court of the place where the act was committed or where the damage occurred, or with the court of the injured party’s place of residence. For a traffic accident that occurred in Ankara, or for an injured party living in Ankara, the case may be filed with the Ankara courts.
For claims against insurance companies, it is also possible to apply to the Insurance Arbitration Commission instead of filing a lawsuit. For damage arising from public hospitals, the competent venue is determined according to the rules of administrative jurisdiction.
How is evidence preserved in a compensation case?
The accident report, camera footage, witness details and medical reports should be gathered as soon as possible. If there is a risk that evidence may be lost, a request for the preservation of evidence (delil tespiti) may be made to the court before a lawsuit is filed.
Last updated: 22 October 2026. The information on this page is for general information only; legislation and case law may change. Please obtain legal advice on your specific situation.
