Funeral and Burial Expenses after a Fatal Accident

Funeral and Burial Expenses: Legal Perspective, Right to Compensation and Calculation Principles

Introduction

Death is a challenging process, both emotionally and financially, that every individual encounters in their lives. Emerging during this sensitive period funeral and burial expensesmay create an additional financial liability for relatives. In Turkish law, it is possible to cover these expenses through compensation in cases of death resulting from tort. This article; It aims to guide rights holders by examining in detail the legal nature of funeral and burial expenses, the people who can claim compensation and the principles of calculating this compensation.

Legal Nature of Funeral and Burial Expenses

Turkish Code of Obligations (TBK) art. 53clearly includes funeral expenses among the damages suffered in the event of a person's death. This provision stipulates that funeral and burial expenses are legally a compensable loss item and that this damage is applicable in cases of non-contractual or contractual liability. These expenses are incurred by the relatives of the deceased. direct material damages category. It is caused by

The main purpose of compensation law is to compensate for the decrease in the assets of the injured person and to bring it to the closest level to the situation before the damage. Funeral and burial expenses are also evaluated within this scope; It refers to the expenses incurred for the burial of the deceased, cemetery procedures and fulfillment of relevant religious/cultural obligations. These expenses are calculated based on actual expenses, without the need for actuarial methods such as non-pecuniary damages. directly calculable is a type of damage.

Who Can Claim Funeral Expenses?

TBK art. 53′, funeral expenses are among the compensable damages in case of death. In compensation law, in such cases, people called "those deprived of support" have the right to demand compensation. Compensation for loss of support is the economic loss suffered by the people to whom the deceased person provided regular care, subsistence or financial assistance during his or her health, due to their being deprived of this support. This damage is not related to the status of inheritance, but is a right to compensation arising directly from those who are deprived. It is calculated using

Therefore, people who undertake funeral and burial expenses or suffer losses due to these expenses may have the right to claim compensation if it is proven that they were supported by the deceased. Sources indicate that people who may be entitled to compensation for loss of support may include the spouse, children and parents of the deceased, as well as other people who can be proven to have actually received economic support.

Calculation of Funeral and Burial Expense Compensation

Funeral expenses are within the scope of compensation for material damage and differ from the actuarial calculation methods used for complex situations such as permanent disability or lack of support. In calculating the compensation to be paid within the scope of compulsory liability insurance, there are different actuarial approaches such as the "Progressive Annuity Method", "Fixed Term Annuity Formula with Per Period Payment - Technical Interest Method" and "Average Earning and Fixed Annuity Method", which are requested by the insurance authorities and found in practice. However, direct and tangible damages, such as funeral expenses, are not subject to such complex and hypothetical calculations.

The basic principle in compensation calculations is, “assumptions cannot be relied upon when the truth is clear” principle. According to this principle, known and concrete data are taken into account for the damage incurred on the date of the event. This means that compensation for funeral and burial expenses must be based on expenses actually incurred and that can be documented. For example, invoices, receipts or other official documents regarding funeral expenses serve as direct evidence in determining the amount of compensation.

In calculations, not only mathematical formulas, but also robust “legal grounds” and “legal considerations” must be the base dimension. According to a lawyer-researcher, the problem in monetary assessment of human damages is that the main criterion is sound and correct legal justifications rather than calculation methods. It is also emphasized that the experts appointed in such cases should be lawyers specialized in compensation and insurance law. It is type

Current Debates and Its Importance

In the Turkish legal system, the lack of uniformity of practice between institutions and higher judicial bodies in converting human damages into compensation may lead to different decisions. Intense debates continue, especially on topics such as actuarial calculations, discount rates and life tables. For example, it has been stated that the application of technical interest or the use of the TRH 2010 table compared to the PMF 1931 table creates significant differences in compensation amounts. However, the determination of direct and concrete damages, such as funeral expenses, is relatively less affected by these complex and future-oriented calculation problems based on assumptions.

In law, compensation for damages to human life is not a simple calculation, but a completely legal evaluation process. Therefore, direct and concrete proof of the expenses incurred in requests for funeral and burial expenses is of great importance. This is important in terms of both eliminating the grievance of the rightful owner and ensuring that the person responsible for compensation faces an equitable liability.

Conclusion and Recommendations

Funeral and burial expenses, which arise in case of death and are compensable within the scope of the Turkish Code of Obligations. are direct financial damages In order to prevent. Expenditures incurred to compensate these expenses is documented completely and accurately, because the principle of "assumptions cannot be relied on when the truth is clear" is taken as basis in calculating such damages.

In their compensation claims, rights holders' complete submission of all invoices, receipts and other relevant documents regarding funeral and burial expenses will ensure that the process progresses faster and more fairly. The established decisions of the Supreme Court and legal doctrine suggest approaches based on concrete data and supported by legal justifications to ensure justice in compensation for human damages.