Legal Rights after a Fatal Road-Traffic Accident
Damage items that can be claimed in case of death; The support relationship is evaluated based on the characteristics of the incident and relevant documents.
In case of death as a result of a traffic accident, the compensation and legal rights that relatives can claim can generally be examined under the following headings:
1. Compensation for Loss of Support
This type of compensation aims to cover the damage suffered by the people (spouse, children, mother, father, siblings, etc.) whom the deceased would have supported if he were alive, due to being deprived of this support.
Who Can Request? Anyone who the deceased will support in the future, whether regularly or not regularly, and who needs the deceased's help to continue their life, can claim this compensation. Usually the spouse, children, mother, father, and in some cases siblings fall into this category. The existence of a support relationship and the possibility that it will continue in the future is important.
Calculation Method: Calculating compensation for loss of support is a very technical issue. It is determined by actuarial calculations, taking into account many factors such as the deceased's age, income (or potential income), occupation, age of survivors and support rate. It is vital to get expert support for these calculations.
2. Funeral and Burial Expenses
All expenses related to the burial and funeral of the person who died as a result of a traffic accident must be covered by the at-fault party and/or the insurance company. These expenses are among the financial damages that can be legally claimed.
What Does It Cover? All reasonable expenses incurred after death, such as funeral transportation, burial place, religious obligations, condolence expenses, can be evaluated within this scope.
3. Treatment Expenses (If Received Treatment Before Death)
If the deceased person was treated in the hospital after the accident, all expenses incurred during this treatment process (hospital fees, medications, medical supplies, companion expenses, etc.) may be claimed by the at-fault party and/or the insurance company.
Documentation Importance: Documentation of such expenses (invoices, receipts, hospital records) is critical to proving the claim.
4. Non-pecuniary damages
Non-pecuniary compensation is a type of compensation requested to alleviate, to some extent, the deep pain, suffering, sadness and mental anguish experienced by relatives due to death. Unlike material damage, the amount of non-pecuniary compensation cannot be determined by a concrete calculation; It is evaluated by the court, taking into account factors such as the nature of the incident, the social and economic situation of the parties, and the rate of fault.
Who Can Request? Generally, the spouse, children, and parents of the deceased have the right to claim non-pecuniary compensation. More distant relatives, such as siblings or fiancées, can also use this right in some special cases.
5. Vehicle Damage Expenses and Other Material Damages
Damages to the vehicle involved in the accident and damage to the personal belongings of the deceased person in the vehicle are also evaluated within this scope.
Repair Cost/Loss of Value of the Vehicle: Repair costs of the vehicle or its market value if it is beyond repair, if the vehicle has lost value, this loss can also be claimed.
Personal Property Damage: The cost of personal belongings such as clothes and electronic items in the vehicle that are damaged in the accident may also be covered by compensation.
Legal Process and Time Limits
In case of death as a result of a traffic accident, there are certain legal periods and processes for the compensation and rights mentioned above. Often claims for compensation 2-year statute of limitations. However, this period may be longer if criminal proceedings are ongoing or if the accident constitutes a criminal offence. Started using
In this process, there are complex stages such as communication with insurance companies, collection of necessary documents, accurate calculation of the compensation amount, mediation processes and litigation. For this reason, in case of death as a result of a traffic accident, the application and compensation processes are evaluated within the framework of the characteristics of the concrete case and the relevant legislation in order to receive your rights in a complete and timely manner.
