Traffic Accident Compensation Cases

Material and moral compensation case due to traffic accident is a type of compensation case filed by people who have suffered losses against those responsible for the traffic accident, in order to compensate for bodily harm such as death and injury in an accident involving at least one motor vehicle, and damage to property belonging to third parties.

Legal Basis of Traffic Accident Compensation

The legal basis of compensation case due to traffic accident is that the traffic accident creates tortious liability. The fact that the traffic accident is a tort in terms of legal nature has some consequences in many respects.

Types of Compensation

Material Compensation

Material damages in traffic accidents include:

• Medical Expenses: Treatment costs, hospital fees, medication
• Loss of Earnings: Loss of work capacity, inability to work
• Vehicle Damage: Repair costs, value depreciation
• Funeral Expenses: In case of death
• Care Expenses: Costs for care and assistance needed

Moral Compensation

Moral compensation is claimed for:

• Physical pain and suffering
• Psychological trauma
• Loss of enjoyment of life
• Disfigurement and scarring
• Loss of loved ones (for family members)

Who Can File a Case?

Victims

• Injured persons in the accident
• Relatives of deceased persons
• Vehicle owners (for property damage)
• Passengers

Against Whom?

• Driver at fault
• Vehicle owner
• Insurance company
• Employer (for work-related accidents)

Legal Process

Immediate Steps After Accident

1. Document the Accident

   • Take photos of scene
   • Get witness contact information
   • Obtain police report
   • Get medical examination immediately

2. Preserve Evidence

   • Keep all medical records
   • Save receipts for expenses
   • Document lost wages
   • Keep vehicle damage reports

3. Notify Insurance

   • Report to your insurance
   • Report to other party's insurance
   • Do not accept fault prematurely

Filing a Lawsuit

Time Limit: 10 years from the accident date

Required Documents:

• Accident report
• Medical reports
• Expert reports
• Expense receipts
• Income documents
• Insurance policies

Determining Fault

Fault ratio is crucial in compensation amount:

• Full Fault (100%): One party entirely responsible
• Shared Fault: Both parties partially responsible
• No Fault: Unavoidable accident

Factors affecting fault determination:

• Traffic rules violations
• Road conditions
• Weather conditions
• Vehicle defects
• Speed and distance

Compensation Calculation

Material Compensation Calculation

1. Medical Expenses

   • Past and future treatment costs
   • Rehabilitation expenses
   • Medical equipment needs

2. Lost Earnings

   • Actual income loss
   • Future earning capacity loss
   • Based on work disability rate

3. Vehicle Damage

   • Repair cost or market value
   • Rental car expenses
   • Value depreciation

Moral Compensation Calculation

Factors considered:

• Severity of injury
• Duration of treatment
• Permanent disability
• Age of victim
• Impact on quality of life
• Pain and suffering

Insurance Coverage

Compulsory Traffic Insurance

Covers:

• Bodily injury to third parties
• Property damage to third parties
• Up to legal minimum limits
• Does not cover driver's own injuries

Comprehensive Insurance

Additional coverage for:

• Driver's own injuries
• Own vehicle damage
• Passengers
• Higher limits

Special Cases

Fatal Accidents

Family members can claim:

• Funeral expenses
• Loss of support
• Moral compensation for grief
• Loss of companionship

Permanent Disability

Additional considerations:

• Loss of work capacity
• Need for lifelong care
• Adaptation to disability
• Future medical needs

Pedestrian Accidents

Pedestrians have strong protection:

• Often presumed not at fault
• Higher compensation potential
• Special rules apply

Expert Reports

Important expert reports:

• Medical Expert: Injury assessment, disability rate
• Traffic Expert: Accident reconstruction, fault determination
• Vehicle Expert: Damage assessment
• Economic Expert: Loss calculation

Our Services

As EFE Law Office, we provide comprehensive services:

Case Preparation

• Evidence collection
• Document preparation
• Expert coordination
• Damage calculation

Negotiation

• Insurance negotiations
• Settlement discussions
• Out-of-court resolution

Litigation

• Filing lawsuit
• Court representation
• Expert examination
• Appeal procedures

Execution

• Collecting compensation
• Insurance follow-up
• Enforcement proceedings

Why Choose Our Office?

• Experience: Numerous successful traffic accident cases
• Expertise: Specialized knowledge in traffic law
• Network: Connections with medical and traffic experts
• Success Rate: High compensation recovery rate
• No Win No Fee: Optional contingency arrangement

Common Mistakes to Avoid

1. Not Getting Medical Examination

   • Get examined immediately even if you feel fine
   • Delayed symptoms are common

2. Accepting Quick Settlement

   • Don't accept before knowing full extent of injuries
   • Consult a lawyer first

3. Missing Time Limits

   • Act promptly to preserve rights
   • Document everything

4. Admitting Fault

   • Don't make statements accepting fault
   • Let investigation determine responsibility

Time Limits

Important deadlines:

• Police Report: File immediately
• Insurance Notice: Within 5 days
• Lawsuit Filing: Within 10 years (but act quickly)
• Medical Documentation: Ongoing

Frequently Asked Questions

How much compensation can I get?

Depends on injury severity, fault ratio, expenses, and lost income.

How long does the process take?

Typically 1-3 years, depending on case complexity.

Do I need a lawyer?

Highly recommended for fair compensation and proper representation.

What if I'm partially at fault?

You can still claim compensation, reduced by your fault percentage.

Can I change my lawyer?

Yes, you can change representation during the process.

Contact Us

For traffic accident compensation cases:

Phone: +90 242 966 65 45
Email: [email protected]
Address: Meltem Mh. 3808 Sk. No:2E, Muratpaşa / Antalya

Don't let insurance companies minimize your claim. Get professional legal support for maximum compensation. Contact us for a free case evaluation.