Cosar & Akkaya Law Firm has a well-known practice in the area of Turkish Personal Injury Law and is currently advising to foreign clients in their disputes subject to Turkish Courts.
Regardless how they occur, personal injuries generally have a devastating effect on people’s lives. Our lawyers have a strong background on helping people injured as a result of negligent, careless acts of omissions, or intentional actions of another person or business. Our lawyers help our clients obtain the compensation necessary to move on with their lives.
Cosar & Akkaya have obtained significant verdicts and settlements in cases ranging from accidents to medical malpractice as an expert in Turkish personal injury law. Our firm is prepared to handle a wide variety of personal injury cases, including:
- Medical Malpractice and Negligence
- Construction Accidents
- Car Accidents
- Defective Products
- Pedestrian Accidents
- Negligent Security
- Swimming Pool Accidents
- Wrongful Death
How can we assist our Clients to claim compensation arising from the above personal injury cases in Turkey?
We hold an initial statement call/meeting with our Client. Then we will determine the legal ground and organise the claim in the way that will best work for the Client’s case from the Turkish Law perspective. As there are differences claiming under breach of contract or negligence from the Turkish personal injury law perspective, it is quite critical to construct a strong strategy. On the basis of the facts and evidence we determine the best beneficial claim, construct the strategy and start to take actions accordingly.
We usually carry out the following with our Clients
- Initial statement meeting or call
- Advising in relation to the legal ground that will best serve the Clients claim and carry out the required case law search
- A draft claim letter to start the settlement procedure with the counterparty
- Filling lawsuit and following all the procedure
- All hearings are attended and all the required submissions are made
- Court of Appeal and Court of Cassation to be followed if instructed by the Client
How can we assist specially a holidaymaker’s claim of personal injury in Turkey?
Holidaymakers can claim compensation for the damages arising from accidents occurring in hotels in Turkey including slip, trip and fall as well as accidents occurs in a buggy, scooter, or other vehicles inside the hotel; also, injuries sustained while enjoying water sports or other activities during the stay.
The rules governing the compensation rights of holidaymakers arising from accidents occurred in tourism facilities (mainly hotels) in Turkey vary from case to case. The claim can be brought under the breach of contract or simply on the basis of a tortious act (negligence). One of the two grounds are chosen based on the merits of the case, and a compensation claim is filed before the relevant authorized Turkish Court. There are different limitation periods. In order to interrupt the limitation, the holidaymaker must ensure to file a case in the Turkish Court or in the Execution Office of Turkey within the legal period.
We as Cosar & Akkaya Law Firm determine with our clients the level of compensation that might be available and construct the best-case scenario for our clients. We involve in negotiation, mediation or litigation processes on behalf of our Clients.
Material damages are calculated mainly under Article 51 of the Turkish Code of Obligation, and for this calculation, the claimant bears the burden of proof and in case the claim exceeds TRY 2.500,00 the claimant is obliged to provide documents as evidence and other means of evidence can only be supplementary to documentary evidence (Art. 200 of the Civil Procedure Code numbered 6100).
Personal injuries incurred on the person’s body are subject to a special provision under Article 54 of the Turkish Code of Obligation. According to this provision, the following damages and expenses shall be compensated by the person causing the damages: (i) medical treatment expenses, (ii) losses of future income, (iii) losses occurred from decline or loss of work ability, (iv) losses occurred from the risk of economic future stability. These special types of damages also need to be proved with documentary evidence.
Cosar & Akkaya Law Firm also acts in the best interest of its client for the claims arising from the Turkish personal injury law and advice according to the merits of the case.
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