COMPENSATION FOR DEFINITION OF SUPPORT AUTHORIZED COURT
As a rule, compensation for loss of support is filed in the court of the defendant’s place of residence. If there is more than one defendant, the case for pecuniary and non-pecuniary damage can be filed in the court of residence of any of the defendants. The defendant is a company or foundation, etc. If it is an institution, such as, a lawsuit for pecuniary damage can be filed at the place where the defendant’s workplace is located, as well as at the location of the branch that made the transaction.
A claim for loss of support can arise from many reasons that multiply the available court options. Such a financial compensation lawsuit can be filed mainly for the following reasons: financial compensation lawsuit due to fatal traffic accident, financial compensation lawsuit due to fatal work accident, financial compensation lawsuit due to deliberate or negligent killing. All these types of pecuniary compensation cases are essentially different forms of appearance of the claim for compensation for loss of support arising from “tortious acts”. Such lawsuits for pecuniary damages arising from tortious acts can be filed at the defendant’s residence, company headquarters or the branch that carries out the transaction, as well as in other courts. In other words, in case of tortious act, the plaintiff will be able to file compensation for lack of support in whichever of the more than one authorized court authorized by law he prefers.
In the event of death caused by the tortious acts mentioned above, the plaintiff has the right to file a claim for damages at the residence of the defendant, as well as to file a lawsuit for material and moral damages in one of the following courts: 1- The court of the place where the tort was committed, 2- The court of the place where the damage occurred, 3- The damage court of the domicile of the seer.
To give an example for the competent court, the pecuniary and non-pecuniary damages lawsuit to be filed due to lack of support;
For example, Ahmet died as a result of a traffic accident in Istanbul – Şişli district, and his wife Ayşe and child Erol, who lived in Istanbul-Bakırköy district, remained as heirs. This fatal traffic accident occurred due to careless driving of Mehmet, who lives in Büyükçekmece, Istanbul.
In the example above, the wife of the deceased, who was deprived of support as a result of the traffic accident, Ayşe and her child Erol can choose to file a lawsuit for material and moral damages in any of the following courthouses: 1- İstanbul Çağlayan Courthouse, where the district of Şişli where the traffic accident occurred, and 2- Plaintiffs Ayşe and Erol. Istanbul Bakırköy Courthouse to which his place of residence is affiliated, 3- Istanbul Büyükçekmece Courthouse to which the place of residence of the defendant Mehmet is attached
DURATION AND TIMELINE FOR OPENING A LEGAL ACTION FOR DEFINITION OF SUPPORT
The statute of limitations for the claim for compensation for deprivation of support is 2 years from the date of learning of the damage and the person liable for compensation (UK art. 72). Damage in torts does not always occur at the time of the event. For example, in the case of death due to a work accident, traffic accident or doctor’s error, it is possible for the deceased to die as a result of the event after years of treatment for the act that harmed him. In this case, the start date of the statute of limitations due to the compensation for deprivation of support is the date of death.
Even if the indemnity or the damage is learned later, the right to file a lawsuit for pecuniary and non-pecuniary damages due to lack of support in any case becomes time-barred in 10 years.
If the act subject to compensation for deprivation of support is also a criminal act, an action for compensation can be filed within the statute of limitations stipulated for the crime.
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