Introduction
Compensation lawsuits in Turkey are legal proceedings filed by individuals, companies, employees, consumers, investors, patients, accident victims or foreigners who suffer damage because of another party’s unlawful act, negligence, contractual breach, professional fault, defective service, traffic accident, workplace accident, medical malpractice or violation of personality rights. These lawsuits may involve material compensation, moral compensation, or both.
A compensation lawsuit is not won merely by proving that something unfair happened. Under Turkish law, the claimant must bring the case before the correct court, comply with mandatory pre-litigation procedures, file within the applicable legal deadline, prove the relevant facts with admissible evidence and establish a causal link between the defendant’s conduct and the damage. The general tort rule under Article 49 of the Turkish Code of Obligations provides that a person who unlawfully and faultily causes damage to another is obliged to compensate that damage.
For foreign claimants, compensation litigation in Turkey may seem complicated because different courts may have jurisdiction depending on the type of dispute. A traffic accident, a workplace accident, a medical malpractice case, a commercial contract dispute and a consumer claim may all follow different procedural routes. Therefore, the first strategic question is not only “How much compensation can be claimed?” but also “Where, when and with which evidence should the claim be filed?”
What Is a Compensation Lawsuit in Turkey?
A compensation lawsuit in Turkey is a civil, labour, commercial, consumer or administrative proceeding through which the injured party seeks monetary recovery for damage. The claim may be based on tort liability, contractual liability, employer liability, medical malpractice, insurance law, consumer law, commercial law, family law or administrative liability.
The lawsuit may request material damages such as medical expenses, repair costs, loss of income, vehicle depreciation, commercial loss, loss of profit, funeral expenses or loss of support. It may also request moral damages for pain, suffering, emotional distress, grief, humiliation, violation of dignity, reputation damage or infringement of personality rights.
In bodily injury cases, Article 54 of the Turkish Code of Obligations recognizes treatment expenses, loss of earnings, losses arising from reduction or loss of working capacity and losses caused by impairment of economic future. In death cases, Article 53 recognizes funeral expenses and losses suffered by persons deprived of the deceased’s support.
Choosing the Correct Court in Compensation Lawsuits
One of the most important issues in compensation lawsuits in Turkey is the competent court. Filing before the wrong court may cause delay, jurisdictional disputes or procedural dismissal. The correct court depends on the legal nature of the claim.
General tort-based compensation claims are usually filed before civil courts of first instance. These may include ordinary personal injury claims, property damage claims, defamation claims, privacy violation claims or general unlawful act claims.
Commercial compensation claims are usually handled by commercial courts of first instance if the dispute qualifies as a commercial case. These may include breach of commercial contracts, loss of profit, unfair competition, agency disputes, distribution disputes, shareholder conflicts, commercial insurance disputes and company-related compensation claims.
Labour courts handle disputes arising from employment relationships, including many employee-employer claims. Law No. 7036 on Labour Courts regulates the establishment, jurisdiction and procedure of labour courts, and Article 5 is specifically structured around the jurisdiction of labour courts in disputes involving employees, employers and certain social security matters.
Consumer courts handle disputes arising from consumer transactions. In 2026, the Ministry of Trade states that consumer disputes below 186,000 TL must be brought before consumer arbitration committees, while disputes of 186,000 TL and above cannot be decided by consumer arbitration committees and should proceed through mandatory mediation and consumer courts where applicable.
Administrative courts handle compensation claims against public authorities, such as claims arising from administrative acts, public hospital malpractice or unlawful public service conduct. In such cases, the claim may be filed as a full remedy action rather than an ordinary civil compensation lawsuit.
Mandatory Mediation Before Compensation Lawsuits
Mandatory mediation is a critical procedural requirement in many compensation lawsuits in Turkey. If mediation is legally required and the claimant files a lawsuit without completing it, the court may dismiss the case on procedural grounds.
Commercial compensation claims are one of the most important examples. Article 5/A of the Turkish Commercial Code requires mediation before filing commercial lawsuits concerning monetary receivables, compensation, objection cancellation, negative declaratory actions and restitution claims. The mediator must generally conclude the process within six weeks from appointment, extendable by two weeks in mandatory cases.
Labour disputes also frequently require mediation. Article 3 of Law No. 7036 makes mediation a lawsuit condition for certain employee and employer receivable and compensation claims. However, material and moral compensation claims arising directly from workplace accidents or occupational diseases are excluded from this mandatory mediation requirement.
Consumer disputes before consumer courts are also subject to mandatory mediation under Article 73/A of the Consumer Protection Law, subject to statutory exceptions such as disputes within the jurisdiction of consumer arbitration committees and certain other listed matters.
Therefore, before filing any compensation lawsuit in Turkey, the claimant must determine whether mediation is required. This assessment depends on the type of claim, parties, amount, legal relationship and competent court.
The Petition of Claim and Procedural Structure
A compensation lawsuit begins with a petition of claim. The petition must be carefully drafted because it frames the entire case. It should identify the court, parties, subject matter, claim value, facts, legal grounds, evidence and specific requests.
Article 119 of the Turkish Code of Civil Procedure lists the mandatory contents of a petition, including the court name, parties’ names and addresses, claim subject and value in property-related cases, a clear summary of facts, the evidence supporting each fact, legal grounds, precise request and signature. The same provision states that certain omissions may result in a one-week final period for correction, and failure to correct may cause the lawsuit to be deemed not filed.
For compensation cases, the petition should not merely describe the incident emotionally. It must connect each factual allegation to evidence and each damage item to a legal basis. A strong petition answers five questions: what happened, who is responsible, what damage occurred, how the damage is proven and what amount is requested.
Evidence in Compensation Lawsuits
Evidence is the backbone of compensation litigation in Turkey. A claimant must prove the legally relevant facts. Article 187 of the Turkish Code of Civil Procedure provides that the subject of proof consists of disputed facts that are relevant to the resolution of the dispute; facts generally known or admitted are not considered disputed.
Evidence in compensation lawsuits may include written contracts, invoices, bank records, medical reports, accident reports, photographs, videos, witness statements, expert reports, police records, workplace accident records, hospital files, insurance documents, commercial books, tax records, digital correspondence, e-mails, WhatsApp messages and official investigation files.
In traffic accident cases, the most important evidence may include accident reports, police reports, vehicle photographs, insurance information, repair invoices, medical reports and disability records. In workplace accident cases, evidence may include SGK records, occupational safety documents, witness statements and employer training records. In medical malpractice cases, full medical records, consent forms, operation notes and expert medical opinions are decisive. In commercial compensation cases, contracts, invoices, accounting records and expert calculations are usually central.
Burden of Proof
The burden of proof determines which party must prove each fact. As a general rule, the claimant must prove the damage, unlawful act or breach, causal link and the defendant’s responsibility. In contractual liability, however, Article 112 of the Turkish Code of Obligations provides that if a debt is not performed at all or not performed properly, the debtor must compensate the creditor’s damage unless the debtor proves absence of fault.
This distinction is important. In a tort claim, the injured person usually needs to prove fault. In a contractual compensation claim, once the contractual obligation and breach are established, the debtor may need to prove that the breach occurred without fault.
A compensation lawsuit should therefore be built around the burden of proof from the beginning. The lawyer should identify which facts must be proven by the claimant and which defences must be proven by the defendant.
Expert Reports in Compensation Cases
Many compensation lawsuits in Turkey require expert reports. Courts frequently appoint experts in traffic accident, medical malpractice, workplace accident, construction defect, commercial loss, insurance, disability, vehicle depreciation and accounting disputes.
Article 266 of the Turkish Code of Civil Procedure allows the court to obtain expert opinion where resolution requires special or technical knowledge outside the law. The provision also clarifies that expert evidence should not be used for issues that can be resolved through general knowledge or legal knowledge required by the judicial profession.
Expert reports may determine fault percentages, disability rates, vehicle value loss, loss of support, loss of profit, construction defects, medical negligence, accounting loss or actuarial calculation. However, expert reports are not automatically correct. Parties may object to incomplete, contradictory or legally insufficient expert reports and request additional reports or new expert panels.
A strong compensation lawyer should actively manage the expert phase. This means submitting complete documents, asking the right technical questions, objecting to incorrect assumptions and ensuring that the expert evaluates all relevant evidence.
Indefinite Receivable Actions in Compensation Lawsuits
In many compensation cases, the exact amount of damage cannot be determined at the beginning. This is common in personal injury, permanent disability, loss of support, medical malpractice, workplace accidents, complex commercial loss and expert-dependent damage claims.
Article 107 of the Turkish Code of Civil Procedure allows an indefinite receivable action where the claimant cannot reasonably determine the exact amount or value of the claim at the time of filing. In such cases, the claimant may state the legal relationship and a minimum amount, and later specify the claim when the amount becomes determinable through evidence or expert examination.
This mechanism can be highly useful in compensation lawsuits, but it must be used carefully. If the amount is clearly determinable from the beginning, filing as an indefinite receivable action may create procedural objections. The lawyer must assess whether uncertainty is genuine and legally justifiable.
Legal Deadlines and Limitation Periods
Legal deadlines are among the most critical issues in compensation lawsuits in Turkey. A strong claim may be lost if it is filed after the limitation period. For tort-based compensation claims, Article 72 of the Turkish Code of Obligations provides a two-year limitation period from the date the injured person learns of the damage and the liable person, and in any event a ten-year period from the date of the act. If the act also constitutes a criminal offence and criminal law provides a longer limitation period, the longer criminal limitation period may apply.
Contractual compensation claims may be subject to different limitation periods depending on the type of contract. Under the general rule of the Turkish Code of Obligations, claims are subject to a ten-year limitation period unless the law provides otherwise. However, sale, lease, employment, insurance, transportation, consumer and commercial claims may involve special limitation rules.
Workplace accident compensation claims, medical malpractice claims, public hospital claims, insurance claims and consumer claims should each be assessed separately. Deadlines may also depend on whether the case requires administrative application, mediation, insurance application or arbitration.
Insurance Applications Before Lawsuits
In traffic accident compensation claims against insurance companies, a prior written application may be required before litigation or arbitration. In insurance disputes, the Insurance Arbitration Commission states that the claimant must first apply to the relevant insurer, and if the insurer gives an unsatisfactory final response or fails to respond within the relevant period, the claimant may apply to the Commission with supporting documents. For traffic insurance disputes, the Commission refers to a 15-day response period.
This procedural step is important because a direct lawsuit or arbitration application without completing the required insurance application may face procedural problems. A proper insurance application should include the accident report, identity information, bank details, medical records, disability reports, repair invoices, vehicle documents, death certificate or dependency documents depending on the claim.
Compensation Lawsuits by Foreigners in Turkey
Foreigners can file compensation lawsuits in Turkey if Turkish courts have jurisdiction. This may occur when a foreign tourist is injured in a traffic accident, a foreign patient suffers medical malpractice in Turkey, a foreign worker is injured at work, a foreign company suffers commercial loss, or a foreign resident’s personality rights are violated.
Foreign claimants may need a power of attorney, sworn translations, apostilled documents, passport copies, foreign income records, medical records and company authorization documents. If documents are issued abroad, Turkish courts may require translation and formal certification.
In many cases, a foreign claimant does not need to remain in Turkey throughout the entire lawsuit. A Turkish lawyer can represent the claimant through a valid power of attorney. However, evidence should be collected as early as possible before the claimant leaves Turkey, especially accident reports, hospital records, photographs, witness details and insurance documents.
Interim Measures and Evidence Preservation
Some compensation lawsuits require urgent legal measures. Evidence may disappear, assets may be transferred, videos may be deleted or documents may be altered. In such situations, evidence preservation, interim injunction or provisional attachment may be considered depending on the claim.
In traffic accidents, video footage from nearby businesses or public cameras may be deleted quickly. In medical malpractice cases, complete hospital records should be requested immediately. In workplace accident cases, the accident scene may be changed and witnesses may leave employment. In commercial disputes, accounting records, warehouse records or digital logs may become inaccessible.
An effective legal strategy should begin before the lawsuit is filed. Waiting until the first hearing may be too late.
Common Mistakes in Compensation Lawsuits
Common mistakes include filing before the wrong court, missing limitation periods, skipping mandatory mediation, failing to apply to the insurer, not collecting evidence early, filing vague petitions, failing to connect each fact with evidence, claiming unsupported amounts, not objecting to expert reports, signing settlement releases without legal review and waiting for a criminal case to end before taking civil action.
Another common mistake is confusing moral compensation with material compensation. Material damages require financial proof. Moral damages require explanation of emotional suffering, pain, dignity loss or personal harm. Both claims may arise from the same event, but they must be pleaded separately.
Why Legal Representation Is Important
Compensation lawsuits in Turkey require procedural discipline, evidence strategy and technical calculation. A lawyer must determine the competent court, legal basis, limitation period, mediation requirement, insurance application route, evidence list, expert issues and enforcement strategy.
Legal representation is especially important in serious injury, wrongful death, medical malpractice, workplace accident, commercial compensation, insurance disputes, foreign claimant cases and high-value damages. A well-prepared case does not merely ask for compensation; it proves liability, damage and causation through a legally structured file.
Conclusion
Compensation lawsuits in Turkey require careful planning from the first day. The claimant must choose the correct court, comply with mandatory mediation or insurance application requirements, file within legal deadlines, present admissible evidence, manage expert reports and calculate damages properly.
The competent court may be a civil court, commercial court, labour court, consumer court or administrative court depending on the nature of the dispute. Evidence rules under the Turkish Code of Civil Procedure require parties to prove disputed and legally relevant facts, while expert reports may be necessary where technical knowledge is required.
For Turkish citizens, companies and foreigners alike, the success of a compensation lawsuit depends on legal timing, evidence quality and procedural accuracy. A properly prepared compensation lawsuit in Turkey can help the injured party recover financial losses, obtain moral damages and enforce legal rights before Turkish courts or alternative dispute resolution mechanisms.
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