Compensation Lawyer in Istanbul and Compensation Claims

In compensation cases the outcome is usually decided not by legal argument but by the degree of fault, the disability report and the calculation. Whether fault in the same incident is assessed at 25% or 50% can double the amount of compensation. Time limits are short, and in some files an application to the insurance company, the Social Security Institution (SGK) or the administration is mandatory before a lawsuit can be filed.

In 2026 two important changes directly affected compensation cases: Law No. 7589, in force since 31 July 2026, abolished the action for an indeterminate claim and redefined the date from which interest runs on bodily injury damages. The penalty for negligent injury was also increased in December 2025.

On this page you will find the heads of compensation that can be claimed, the limitation periods, the route to follow in traffic accident, workplace accident, medical error and insult files, the 2026 compulsory traffic insurance limits, how compensation for incapacity to work and for loss of support is calculated, how long a case takes, the costs, common mistakes and answers to frequently asked questions.

For which damages can compensation be claimed?

A person who causes damage to another through an unlawful and culpable act is obliged to make good that damage (Turkish Code of Obligations, TBK Art. 49). The injured party proves the damage and the fault; if the amount of the damage cannot be fully proven, the judge sets a fair amount in line with the ordinary course of events (TBK Art. 50). Certain persons, such as the operator of a motor vehicle, are liable regardless of fault on the basis of strict (hazard) liability (Highway Traffic Law, KTK Art. 85).

Pecuniary compensation covers the actual loss suffered and cannot lead to the enrichment of the injured party. Non-pecuniary damages, by contrast, are not the result of a calculation but a remedy left to the judge’s discretion. If more than one person is liable for an incident (for example the driver, the vehicle owner and the insurance company, or the principal employer and the subcontractor), the injured party may claim the full compensation from any of them; the liability of the insurance company, however, is limited to the policy limit (TBK Art. 61).

Types of compensation, time limits and competent courts

Longer time limit where the incident is a crime

If the act also constitutes a crime and the criminal law provides for a longer limitation period for prosecution, that period also applies to the compensation claim (TBK Art. 72; for traffic accidents KTK Art. 109). The criminal limitation period depends on the upper limit of the penalty for the offence: 8 years for offences with an upper limit not exceeding 5 years, and 15 years for offences with an upper limit of more than 5 and less than 20 years (Turkish Penal Code, TCK Art. 66).

• Negligent injury (TCK Art. 89): Law No. 7571 of 24 December 2025 raised the basic penalty to “4 months to 2 years”, and where more than one person is injured to “9 months to 5 years”. As the upper limits do not exceed 5 years, the limitation period as a rule remains 8 years.
• Negligent homicide (TCK Art. 85): As the upper limit of the penalty is 6 years, the limitation period is 15 years.
• Insult (TCK Art. 125): As the upper limit is 2 years, the criminal limitation period is 8 years.

The extended period depends on the commission of the offence being established; an acquittal in the criminal case or the absence of a criminal complaint may make this assessment contentious. For this reason, in a file where more than two years have passed, no conclusion such as “the time limit has expired” or “there are 8 years” should be drawn without examining the incident and the criminal file. The application periods under İYUK Art. 13 for public hospitals and other administrative acts are not affected by this rule. For a preliminary check you can use the time limit and limitation period checker.

Traffic accident compensation: step by step

1. At the time of the accident and in the first days: The accident report form or the police report, photographs of the scene, dashcam recordings, witness details and hospital records are collected. More detail: what to do after a traffic accident.
2. Insurance application: A written application is made to the other vehicle’s compulsory motor third-party liability insurance (ZMSS). If the company does not reply in writing within 15 days of the application, or its reply does not meet the claim, the route to a lawsuit or arbitration opens (KTK Art. 97). A lawsuit filed against the insurance company without this application may be dismissed on procedural grounds. Once the documents are complete, the company must pay the amount within cover within 8 business days (KTK Art. 99).
3. Disability report: In bodily injury, once the recovery process is complete, the permanent disability rate is obtained from an authorised hospital medical board or from the Council of Forensic Medicine (Adli Tıp Kurumu), in accordance with the regulations in force on the date of the accident.
4. Choice of route: For claims within the insurance limits, the Insurance Arbitration Commission or the court; for damage exceeding the limit and for non-pecuniary damages, a lawsuit against the driver and the vehicle operator. For commercial cases to be filed against the insurance company, the mediation requirement must also be considered separately (Turkish Commercial Code, TTK Art. 5/A).
5. Fault and calculation reports: The court expert first determines the degree of fault and then the amount of compensation. Objections to the reports are made within 2 weeks of service (Code of Civil Procedure, HMK Art. 281).
6. Judgment and collection: If the judgment is not paid, enforcement proceedings based on the court judgment are initiated.

The cost of hospital care provided after an accident is, as a rule, covered by the SGK regardless of whether the victim has social security cover (KTK Art. 98); for this reason the hospital bill is generally not issued to the victim. Documented costs falling outside SGK cover may be claimed separately. We explain in detail how each head of compensation is calculated in our article on calculating traffic accident compensation.

2026 compulsory traffic insurance cover limits

The limits apply according to the policy in force on the date of the accident; there are also separate per-accident caps. The insurer pays in proportion to the fault of its own insured; the portion corresponding to the injured party’s own fault and, for those deprived of support, the portion corresponding to the fault of the deceased are excluded (KTK Art. 92/g, j).

Diminution in vehicle value and the Guarantee Account

Diminution in value is determined by a court expert on the basis of the actual difference between the vehicle’s undamaged market value before the accident and its market value after repair; following the annulment decisions of the Constitutional Court in 2020 and 2022, the formula in the general conditions is not binding. Diminution in value of vehicles withdrawn from traffic because of damage or scrapped as a total loss (pert) is not covered by traffic insurance (KTK Art. 92/l). The loss for the period when the vehicle cannot be used and the cost of a replacement vehicle are indirect losses and are therefore claimed not from traffic insurance but from the driver and the operator.

If the vehicle at fault is uninsured, its driver cannot be identified or the vehicle is stolen, an application is made to the Guarantee Account (Güvence Hesabı) for bodily injuries (Insurance Law, Art. 14). Vehicle damage caused by an uninsured vehicle is not covered by the Guarantee Account; for this damage a lawsuit is filed against the driver and the operator. For disputes with insurance companies over rejections and underpayments, Insurance Arbitration Commission fees and appeal thresholds, see our insurance law page.

Passengers, gratuitous carriage and the role of comprehensive insurance

A person injured as a passenger may apply both to the traffic insurance of the vehicle they were in and to that of the other vehicle involved in the accident, in proportion to the drivers’ fault; the driver’s fault is not attributed to the passenger. However, if the passenger contributed to the increase of the damage through conduct such as not wearing a seat belt or getting into the vehicle knowing that the driver was drunk, the compensation may be reduced (TBK Art. 52). In gratuitous carriage as a favour, as in a friend’s or relative’s car, the operator’s liability is subject to the general provisions and the judge may make a fair reduction (KTK Art. 87).

A vehicle owner who has received payment for the damage to their own vehicle from their comprehensive (kasko) insurance cannot claim the same damage again from the other party; the kasko company that paid has a right of recourse against the other party for that amount. On the other hand, items not covered by the kasko policy, such as the deductible and, under most policies, diminution in value, may be claimed separately from the other vehicle’s traffic insurance or from the driver and the operator.

Workplace accident compensation

The employer is obliged to take every measure necessary for the worker’s safety; to the extent it fails to do so, it is liable for workplace accidents and occupational diseases. After an accident the SGK may grant a temporary incapacity allowance, in permanent disability a permanent incapacity pension, and in death a survivors’ pension to the beneficiaries. These payments do not replace the compensation to be claimed from the employer; however, the capitalised value of the pension granted by the SGK is deducted from pecuniary compensation. No deduction whatsoever is made from non-pecuniary damages.

• Court and mediation: The case is filed in the labour court. Mediation is not mandatory in actions for pecuniary and non-pecuniary compensation arising from workplace accidents and occupational diseases, or in related declaratory and recourse actions (Law No. 7036, Art. 3/3).
• Jurisdiction: In addition to the court of the defendant’s domicile and of the place where the work is performed, the court of the place where the accident or damage occurred and the court of the worker’s domicile also have jurisdiction (Law No. 7036, Art. 6/3).
• Limitation period: Because the claim is based on contract, as a rule 10 years; the period starts from the date on which the damage became definitively known, which in most files is the date the permanent disability was recorded in a report.
• Declaration of a workplace accident: No loss of rights arises if the accident was not reported to the SGK; however, before filing a declaratory action against the SGK, an application must be made to the Institution. If the Institution does not reply within 60 days, the request is deemed rejected (Law No. 7036, Art. 4).
• Subcontractor: In an accident suffered by a subcontractor’s worker, the principal employer and the subcontractor are jointly and severally liable.

For which incidents count as workplace accidents, shuttle-bus accidents and the fault assessment, see our article on the workplace accident compensation claim; employee receivables are assessed separately under employment and social security law.

Medical error (malpractice) compensation

Misdiagnosis, careless surgery, hospital-acquired infection or failure to adequately inform the patient about risks may give rise to liability for compensation. Not every undesired outcome is an error; the distinction between a complication, which medicine foresees and which occurs despite due care, and malpractice, which is a breach of the duty of care, is made through court expert and Forensic Medicine reports.

Which court to go to depends on the type of hospital: for private hospitals, medical centres and private practices, mediation is sought before the lawsuit, and if no agreement is reached a case is filed in the consumer court. For state, city and university hospitals, the application is made not against the doctor but to the administration; if the request is rejected or not answered within 30 days, a full remedy action is filed in the administrative court within 60 days. In public hospital files, the 1-year application period from knowledge is the time limit most frequently missed. In private hospital files, the timetable should be planned according to the 5-year period applicable to the mandate relationship. For details, see our health law and malpractice page.

Non-pecuniary damages for insult and violation of personality rights

Insult, defamation, invasion of privacy, sharing photographs without permission or reputation-damaging content on social media violate personality rights. A person whose personality rights have been harmed may claim non-pecuniary damages for the moral harm suffered; instead of or in addition to money, the judge may also issue a decision condemning the attack and order its publication (TBK Art. 58). A halt to the attack and the removal of the content may also be requested separately (Turkish Civil Code, TMK Art. 24-25).

How much is compensation for insult? The law sets no fixed amount or tariff. The judge considers together the seriousness of the words, whether they were said in a public setting or between two people, how many people the content reached, the social and economic situation of the parties and the effect of the incident on the victim. Since non-pecuniary damages are not a means of enrichment, excessive claims are reduced and attorney fees may be awarded to the other party on the rejected portion; it is therefore important to set the claim realistically.

• Evidence: A screenshot on its own may be contested; the link to the post, its date and time should be documented, if necessary through a notary or court expert determination. The determination should be made before the content is removed.
• Criminal file: The offence of insult is prosecuted only upon complaint, and the complaint must be made within 6 months. The compensation claim can be filed without waiting for the outcome of the criminal case; an acquittal by the criminal court does not, as a rule, bind the civil judge.
• Time limit: 2 years from knowledge, 10 years in any event; if the act constitutes a crime, the 8-year criminal limitation period may apply.

For the removal of online content and access blocking, see our article on insult on social media and access blocking. Compensation claimed between spouses for events leading to divorce is subject to separate rules in the Civil Code and to a one-year period from the divorce decision becoming final.

How is compensation calculated?

Compensation for incapacity to work

Temporary incapacity to work is the loss of income for the period from the accident until recovery during which the person could not work, and is calculated on the basis of the recovery period in the medical report and the person’s income. Permanent incapacity to work is the loss the person will suffer over the rest of their working life according to the permanent disability rate. The actuarial expert uses the following data:

• Income: The actual net income on the date of the accident; for persons whose income cannot be documented, who do not work, or who are students or homemakers, the net minimum wage (28,075.50 TL per month in 2026).
• Disability rate: A medical board report prepared in accordance with the regulation in force on the date of the accident.
• Degree of fault: A reduction is made in proportion to the injured party’s own fault (TBK Art. 52).
• Age and life table: The active working period and the passive period after retirement are determined using the life table accepted in court practice. The past period from the date of the accident to the date of the report is calculated with actual wage increases, and the subsequent future period by the increase-and-discount method.
• Set-off: Payments previously made by the insurance company and SGK pensions subject to recourse are deducted. Social security payments not subject to recourse and payments not intended as performance cannot be deducted from compensation (TBK Art. 55).

Simplified calculation example

A 28-year-old person working for the net minimum wage suffers 30% permanent disability in a traffic accident and is found 20% at fault. The logic of the calculation is as follows:

In an actual report the passive period, annual wage increases, discounting, the temporary incapacity period and previous payments are also taken into account, so the result will differ markedly from this figure. The example is only meant to illustrate the method. Non-pecuniary damages are outside this calculation and are claimed separately from the driver and the operator.

Compensation for loss of support

The spouse, children, parents and other relatives whose support is proven, to whom the deceased provided regular economic support during their lifetime, may claim this compensation. Being an heir is not required; even a person who has disclaimed the inheritance may claim, because the right arises not from the inheritance but from the support relationship. The calculation takes into account the deceased’s income, the share they would have kept for themselves, the support period (for children, generally an age determined by their educational situation), the ages of the supported persons and the fault of the deceased. Relatives may also claim non-pecuniary damages in their own name and the funeral expenses they have documented.

Who can claim what in a fatal accident?

If death did not occur immediately, the treatment costs before death and the loss of earnings during this period may also be claimed by the heirs (TBK Art. 53/2). Disclaiming the inheritance does not affect the relatives’ rights to compensation for loss of support and non-pecuniary damages claimed in their own name.

Non-pecuniary damages

A person whose bodily integrity has been harmed and, in cases of serious bodily injury and death, their relatives may claim non-pecuniary damages (TBK Art. 56). There is no fixed tariff; the seriousness of the incident, the degree of permanent harm, fault, the economic situation of the parties and the purchasing power of money are considered together. The injured party’s fault is also a ground for reduction of non-pecuniary damages. In traffic accidents, non-pecuniary damages cannot be claimed from compulsory traffic insurance.

From when does interest run? The 2026 change

Under the provisions added to Art. 55 of the Code of Obligations by Law No. 7589, for incidents occurring after 31 July 2026, statutory interest on compensation for incapacity to work and for loss of support runs from the date of the incident on the portion relating to the period for which earnings are known, and from the date of the judgment on the portion relating to the period for which earnings cannot be known. Payments made as performance before the taking of evidence begins are also set off proportionally against the compensation determined as of the payment date. For incidents before this date the previous practice continues. The same Law also linked the statutory interest rate to the Central Bank rediscount rate. As a rule, interest on non-pecuniary damages runs from the date of the incident.

The action for an indeterminate claim has been abolished: the new partial action system

The action for an indeterminate claim (belirsiz alacak davası, HMK Art. 107), used for years when the amount of compensation could not be fully known at the time of filing, was repealed by Law No. 7589 with effect from 31 July 2026. Actions for an indeterminate claim filed before this date continue to be heard under the old provision. In newly filed cases the same need is met by a partial action (kısmi dava):

The partial action petition must clearly state that only part of the claim is being sued for and that the remaining part is not waived. As the increase can be made only once, it should not be used hastily before the disability and calculation reports are finalised. Case law on the application of the change is still developing.

Before filing a compensation claim: step-by-step preparation

1. Identify those liable: The driver, the vehicle operator, the insurance company, the employer, the subcontractor, the hospital operator or the administration. Choosing the wrong defendant means dismissal for lack of standing and loss of time.
2. Fulfil the pre-application requirement: A written application to the traffic insurer, mediation in commercial and consumer cases, an application to the Institution in cases against the SGK, and an application to the administration for public hospitals and administrative acts.
3. Calculate the limitation period: Assess together the date of knowledge, whether the incident constitutes a crime and, if any, developments in the criminal file.
4. Preserve the evidence: If camera recordings, the medical file or social media content risk being lost, ask the court for preservation of evidence.
5. Separate the heads of claim: Show each head of pecuniary compensation (temporary and permanent incapacity, carer, treatment, diminution in value) and non-pecuniary damages separately in the petition; if the amount is uncertain, structure the case as a partial action.
6. Claim interest and litigation costs: The type and start date of interest and the litigation costs must be expressly requested in the petition; interest that has not been requested cannot be awarded.

How long does a compensation case take?

From 31 July 2026, the interval between hearings may not exceed three months, except in necessary cases such as an expert examination (HMK Art. 147/3). Even so, objections to reports, supplementary reports and the appeal stage determine the duration. In files where fault and damage are clear, a pre-action settlement with the insurance company is also possible; however, in traffic accidents, the annulment of settlements that are clearly inadequate may be sought within 2 years (KTK Art. 111).

Costs of a compensation case and attorney fees (2026)

If the case is won, court fees and litigation costs are recovered from the other party; for the rejected portion, however, attorney fees and costs may be awarded in favour of the other party. In compensation cases, the attorney fee is often agreed as a percentage of the amount ultimately obtained; by law this rate may not exceed 25% of the value of the claim (Attorneys Act, Av.K. Art. 164), and the fee may not be below the minimum fee tariff. The fee is set in writing at the first meeting.

Where is a compensation case filed in Istanbul?

A compensation case arising from a tort may be filed in the court of the defendant’s domicile, of the place where the act was committed or the damage occurred, or of the injured party’s domicile (HMK Art. 16). In traffic accidents, the court of the place of the insurance company’s branch, of the agency that issued the policy or of the place where the accident occurred also has jurisdiction (KTK Art. 110). In workplace accidents the worker’s domicile also has jurisdiction; consumer cases may be filed at the consumer’s domicile.

In practice this rule means that a person who lives in Istanbul or has an accident in Istanbul can often file their case at the courthouse serving the district where they live. The main courthouses in Istanbul are Çağlayan (Istanbul Courthouse), Kartal (Anatolian Courthouse), Bakırköy, Küçükçekmece, Büyükçekmece, Gaziosmanpaşa, Silivri and Şile; public hospital and administrative act files are heard by the Istanbul administrative courts. You can see which courthouse your district belongs to on our district pages. An application to the Insurance Arbitration Commission is made online.

Common mistakes

• Accepting the insurance offer without a calculation: A release (ibraname) signed without asking which disability and fault rates the offer is based on makes a later case more difficult.
• Obtaining the disability report too early: A report obtained before recovery is complete may show the permanent damage as lower than it is.
• Treating the fault assessment in the accident report as final: The report does not bind the court; objections to the court expert report must be made in time.
• Filing in the wrong branch of the judiciary: Going to the ordinary courts in a public hospital or administrative act file creates the risk of missing the time limit for applying to the administration.
• Giving up because “2 years have passed”: In incidents constituting a crime, the 8- or 15-year criminal limitation period may apply.
• Trying to file an action for an indeterminate claim: After 31 July 2026 this type of action no longer exists; the petition must be structured as a partial action.
• Expecting non-pecuniary damages from the insurer: Compulsory traffic insurance does not pay non-pecuniary damages; the driver and the operator must be included in the case.
• Collecting evidence late: Camera recordings are deleted within a short time; a request to preserve workplace and scene recordings should be made without delay.

Documents that strengthen the file

• Accident report form or scene investigation report, the criminal investigation file number and the expert report, if any
• The complete hospital records: emergency record, discharge summary, surgery notes, imaging results
• Permanent disability report and, if any, a medical report showing the need for a carer
• Proof of income: payslips, SGK service record, tax return
• Invoices for treatment, medication, prosthesis and transport costs
• The application made to the insurance company, the company’s reply, the payment receipt and any documents signed
• In workplace accidents, the workplace accident notification, SGK pension grant letters, workplace records and witness details
• In insult and violation of personality rights, links to the posts, dated screenshots and the determination report
• In case of death, the certificate of inheritance, the civil registry record and the deceased’s proof of income

Our work in compensation law

• Compensation for bodily injury, death and diminution in vehicle value in traffic accidents; applications to insurers and the Insurance Arbitration Commission
• Compensation for workplace accidents and occupational diseases, declaratory actions for workplace accidents
• Consumer court and administrative court cases for medical errors (malpractice)
• Non-pecuniary damages for insult, social media posts and violations of personality rights
• Full remedy actions for damage arising from acts and actions of the administration
• Pecuniary compensation arising from torts and breach of contract
• Collection of the judgment through enforcement

The information on this page is general in nature and has been prepared in accordance with the legislation in force as of September 2026. Insurance limits, court fees and the minimum wage change every year; the amount of compensation is calculated separately in each file based on fault, disability and income information. You are advised to consult a lawyer about your specific situation.