Legal Remedy for Financial Losses Caused by Death
🔹 Introduction
Death, one of the harsh realities of life, can cause not only emotional devastation but also significant economic hardship. The loss of a person who provided financial support to their family members can leave a serious financial gap for the survivors. In Turkish Tort Law, this situation is addressed through compensation for loss of support.
In this article, we will examine the legal nature of this type of compensation, the necessary conditions for claiming it, who may be entitled to receive it, the calculation methods, and examples from Turkish Court of Cassation (Yargıtay) case law.
🔹 1. Legal Nature of Loss of Support Compensation
Compensation for loss of support is a form of pecuniary (financial) compensation awarded due to death-related damages. According to Article 53 of the Turkish Code of Obligations:
“Those who are deprived of the support of the deceased may claim compensation for the losses they suffer as a result.”
This is strictly a financial compensation; not moral or emotional in nature.
🔹 2. Situations That Give Rise to This Compensation
The following conditions must be met for a court to award compensation for loss of support:
- The death must result from an unlawful and tortious act (such as a traffic accident, workplace accident, or medical malpractice).
- The deceased must have actually or habitually provided financial support to others while alive.
- As a result of the death, this support must have ceased, and the beneficiary must have suffered real economic damage.
🔹 3. Who Can Claim Compensation for Loss of Support?
Any person who received regular financial support from the deceased can file a claim. This is not limited to blood relatives.
Examples include:
- Spouse,
- Children,
- Parents,
- Fiancé(e),
- Siblings,
- Cohabitants (in a de facto relationship),
- Other dependents.
Under Turkish jurisprudence, it is sufficient that the support was de facto; there is no need for a legal obligation of support.
🔹 4. How Is the Compensation Calculated?
The following factors are taken into account when determining the amount:
- Age, income, and occupation of the deceased,
- Duration of expected support,
- Rate of support (what portion of income was allocated),
- Age and life expectancy of the claimant,
- Fault rates (shared responsibility in causing the death),
- Discount rate for lump sum payments.
Expert witnesses typically use an actuarial method for calculating the compensation.
🔹 5. Court of Cassation Precedents
Turkish courts look for a “real support relationship” in such cases. Examples from Yargıtay rulings include:
- A fiancé(e) may be entitled to compensation if there is evidence of ongoing financial support and serious plans to marry.
- Children under 18 are assumed to be financially dependent on their deceased parents.
- Even a housewife may be deemed to have supported her children through domestic care and household services.
🔹 Conclusion
Compensation for loss of support is a vital legal remedy aimed at addressing the financial consequences of an unlawful death. It seeks to mitigate the material impact suffered by the dependents of the deceased.
In such cases, accurate calculation and proper legal representation are essential to ensure a fair and just outcome. The courts must act with objectivity and fairness, considering both the rights of the victims and the responsibilities of those liable.
Yanıt yok