Compensation For Loss of Support

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To claim compensation for loss of support, the claimant must prove that they received support from the deceased. Furthermore, the claimant can be the deceased's uncle, nephew/niece, or even a neighbor. The crucial point is that the person claiming compensation for loss of support must prove that they received support from the deceased during their lifetime. However, a support relationship between the deceased and their mother, father, spouse, and children is presumed to exist. Naturally, this presumption can be rebutted.

Conditions for Compensation for Loss of Support

The first and most crucial condition for claiming compensation for loss of support is the death of the supporter. Even if the person providing support did not die as a result of the incident but entered intensive care, this condition is not met, and thus, compensation for loss of support cannot be claimed. However, if it is unknown whether the person providing support has died, this condition may be deemed fulfilled for the purpose of claiming compensation for loss of support. Within the framework of the provisions of Articles 31 and 32 of the Turkish Civil Code (TCC), if a person has been in a situation where the probability of death is strong and has not been heard from again, or has not been heard from for a long time, they are presumed to be deceased.

Another condition is the necessity of an accountable party who caused the death of the deceased. Figuratively speaking, it is not possible to claim compensation for loss of support for a person who died of natural causes. Furthermore, there must be a damage incurred and a causal link between the damage and the act. For instance, compensation for loss of support cannot be claimed by asserting that a person suffered a heart attack due to the sound of a drum played during Ramadan.

Another situation that severs the causal link is the gross negligence of the deceased in the act that caused their death. In such a case, the party held responsible for the death and from whom compensation is sought can be absolved from liability for compensation by proving the deceased's gross negligence in the incident.

The conditions that must be met by the claimant are as follows: firstly, the deceased must have been capable of providing support, and the claimant must have been in need of such support. An example of this situation would be the death of a parent of a person who has no income yet or has not completed their education, as a result of a traffic or work accident. Another condition is that the assistance in question must have been provided regularly and continuously. Therefore, it is not possible to claim compensation for loss of support for one-off assistance.

Can Parents Claim Compensation for Loss of Support?

We have listed the conditions that must be met by the claimant for compensation for loss of support above. In this context, the question may arise as to whether parents can claim this compensation for the death of their children. Although the legislator requires these conditions to exist at the time of death, it is accepted in the ordinary course of life that a child will support their aging parents in the future. From this perspective, if a child dies before being able to provide support to their parents, the parents can assert that they have been deprived of this highly probable future support. In this way, in the event of a child's death, they acquire the right to claim compensation for loss of support.

How is Compensation for Loss of Support Calculated?

Certain criteria are used in determining the value of compensation for loss of support. One of these is the attempt to determine the deceased's economic means and the income they earned through these means, or would have earned had they not died. In determining the deceased's income, payrolls are taken into account; if these are unavailable, income determined by inquiring with professional chambers is considered. If it is not possible to determine the deceased's income through these methods, an equivalent wage should be sought. Furthermore, life expectancy is considered in the calculation of compensation. If the deceased was married, had children, or, despite being single, supported their parents, these factors are also taken into account in calculating compensation for loss of support.

The calculation of compensation for loss of support is a technical matter. For example, if the deceased was 30 years old, their remaining average life expectancy is determined from established tables and taken into account in the compensation amount to be paid. If the persons deprived of support due to death have inherited, the recent approach adopted by the Court of Cassation is that these inheritances will not be considered as a ground for reduction in the calculation of compensation. Payments made by the Social Security Institution (SSI) under accident insurance due to death are subject to reduction if certain conditions are met. Payments made by an insurance company or the tortfeasor due to death are among the grounds for reduction of compensation for loss of support.

Compensation for loss of support is significant in terms of fault. In this context, as it is compensation sought as a result of a tortious act, liability based on fault is important. The determination of the degree of fault of the accountable party responsible for the deceased's death is crucial in calculating the compensation they will pay. Courts generally determine fault by taking into account the expert report. It is possible to object to the expert report in compensation for loss of support cases. To get information about the calculation of severance and notice pay, you can visit our compensation calculation page.

Share Ratios for Compensation for Loss of Support

In the distribution of share ratios for compensation for loss of support, a comprehensive investigation is conducted into the individual's marital status, any restricted legal capacity they may have, their mental and physical health, whether they are employed, and if not, whether they have vocational training. Based on the situation revealed by this investigation, the share ratios for compensation for loss of support are determined. It should be kept in mind that each case may involve unique circumstances. Therefore, it is difficult to state that calculations are made according to a fixed table of share ratios.

Competent Court and Statute of Limitations

A lawsuit for compensation for loss of support should generally be filed at the domicile of the defendant. However, the court where the lawsuit can be filed is not limited to this. If the responsible party is not a natural person but a legal entity such as an institution, company, foundation, or association, the lawsuit can be filed at the company's headquarters or, if the incident occurred within the jurisdiction of a branch, at the location of that branch. The law allocates several competent courts to the claimant. In addition to these, the claimant can also file the lawsuit where the damage occurred, at the domicile of the injured party, or where the tortious act, i.e., the incident, took place.

For example, let's consider an incident where Hasan was stabbed by Ali and lost his life while walking in Sultan Ahmet Square in the evening. In this case, Hasan's spouse can file the lawsuit within the judicial district to which Sultan Ahmet Square, where the damage occurred, belongs. Hasan's spouse also has the option to file this lawsuit at their own domicile or at Ali's domicile. If Hasan had not died at the scene but had lost his life in the hospital where he was taken, his spouse would then be entitled to file the lawsuit in the location of that hospital.

The statute of limitations period for compensation for loss of support begins to run from the date the tortfeasor and the damage are learned, and it is two years. However, as in the example above, if a person does not die at the moment of the incident but loses their life after being taken to a hospital and receiving treatment for a period, the period for claiming compensation will begin to run from the date the person lost their life.

However, if the tortfeasor and the damage cannot be learned within ten years, there is no possibility to file a lawsuit thereafter. The ten-year period constitutes a general statute of limitations period.

Relevant Court of Cassation Decisions

Decision 1 (Court of Cassation, 17th Civil Chamber, 2016/18069 E. 2019/8032 K.):

"By the Dispute Arbitration Panel of the Insurance Arbitration Commission, it was decided to accept the applicants' request and collect a total of 46.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) from the defendant, comprising 33.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) for spouse Hatun, 1.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) for child Vedat, 2.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) for Cihan, 4.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) for Beritan, and 4.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) for Muhammet, together with statutory interest accruing from the date of default; upon the objection of the defendant's counsel, the Objection Arbitration Panel of the Insurance Arbitration Commission decided to reject the defendant's counsel's objection; the decision of the Insurance Arbitration Commission's Objection Arbitration Panel was appealed by the defendant's counsel. Pursuant to Article 30/12 of Insurance Law No. 5684, decisions of insurance arbitration commissions not exceeding 40.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) are final and binding. Regarding appeals against final decisions, a court may render a decision, or the Court of Cassation may decide to reject the appeal request in accordance with the Unification of Jurisprudence Decision dated 01.06.1990, numbered 3/4. Since the plaintiffs are optional co-litigants, the finality threshold of 40.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) should be considered separately for each plaintiff. Therefore, the decisions rendered for each plaintiff are final."

Decision 2 (Court of Cassation, 17th Civil Chamber, 2016/18169 E. 2019/7839 K.) :

"By the Court; according to the claims, defense, collected evidence, and adopted expert report; it was determined that the total amount for the deceased's spouse was 103.the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT) due to the accident, and considering that the driver of the vehicle insured by the defendant company was 50% at fault, the amount of support for the plaintiff was 51,876.61 TL. It was also determined that the defendant had paid 66,685.37 TL to the plaintiff on 12/03/2013, and on the grounds that this payment absolved the defendant from liability, considering the fault ratio of the driver of the vehicle insured by the defendant, the lawsuit was dismissed; the judgment was appealed by the plaintiff's counsel. Based on the information and documents in the file, and given that there was no irregularity in the discussion and evaluation of the evidence relied upon in the reasoning of the court's decision, it was unanimously decided on 24/06/2019 to REJECT all appeal objections of the plaintiff's counsel and to AFFIRM the judgment found to be in accordance with procedure and law, and that the remaining affirmation fee of the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT), detailed below, be collected from the appealing plaintiff."

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy