COURT OF FIRST INSTANCE
(Injunction requested)
The plaintiffs are : 1-
2-
3-
4-
5-
Attorneys for :
Defendants : 1-
2-
Lawsuit : Without prejudice to the rights related to the excess, the request for a decision to be made for the financial compensation to be determined in accordance with the article ……….. for the spouse and children who are deprived of the support of ……., who died as a result of the concrete block falling on him from the building he was passing by, and a total of ……….TL. non-pecuniary damages for all plaintiffs, together with the interest to be operated from the date of the incident, judicial expenses and attorney’s fees, to be taken from the defendants jointly and successively and to be paid to the plaintiffs, and to impose a precautionary injunction on the movable immovable properties of the defendants and their rights and receivables from third parties.
The value based on the fee : …….. For TL pecuniary compensation ………. For TL non-pecuniary damages
Explanations
1-In the accident that occurred on ……… on ……, the driver of the pick-up truck …….. lost his life as a result of the fall of a concrete block from the upper floor of the building he was passing by on the pick-up truck ……….., which was passing on the road.
2-……….. In the Expert Report submitted to the investigation file numbered ………. of the C.Prosecutor’s Office ………., the building owners were found to be 100% at fault for not taking the necessary precautions during the demolition of the illegal floor in violation of the Zoning Law. (Accident minutes, statements, expert report)
3- ………., …….. d.lu (….), who died as a result of a concrete block falling on him, was earning income with his lorry by doing the transport works of the company belonging to his relatives. With his death, his wife and children were deprived of financial and moral support. In addition, the parents of the deceased young man also lost the moral support of their son. (Family population table, delivery notes related to the transport business, the licence of the truck and the driver’s licence of the deceased support, tax record)
4-… compensation for deprivation of support has been requested for his wife …….. d.d………., son ……. d.d……… and daughter ……. d.d……… who are deprived of his support, and the rights regarding the excess are reserved. Therefore, we request the court to award the financial compensation to be determined in accordance with the article ………. together with the interest to be operated from the date of the incident. (Family population table)
5-a) Although it would be more appropriate to determine the amount of non-pecuniary damages which is complementary to the evidence to be collected during the trial and after the amount and scope of the pecuniary compensation is determined, the amounts of non-pecuniary damages are explained below due to the uncertainty in practice and the shortness of the statute of limitations applied to the article …….
b) Considering that …….., who died as a result of the concrete block falling on him from the illegal building belonging to the defendant company while passing on the road with his pick-up truck, had no fault, the heavy fault of the construction owner company in building an illegal building and not taking the necessary precautions during demolition, the fact that his wife was very young and his children were very young, and that the parents lost their son who provided them with financial support and took care of them untimely, the amount of non-pecuniary damages for the wife …….. is …….. TL for the spouse ………, ……… TL for the son ………, ……… TL for the daughter ………., ……… TL for the father ………. and …….. TL for the mother ……. TL for all plaintiffs, totalling ………. TL non-pecuniary damages for all plaintiffs.
Conclusion and request : For the reasons presented, without prejudice to our rights regarding the excess:
The financial compensation to be determined in accordance with the article ……….. for the spouse and children deprived of the support of …….., who died as a result of the concrete block falling on him from the building he was passing by, and a total of ……….. TL. non-pecuniary damages, together with the interest to be accrued from the date of the incident, trial expenses and attorney’s fees, to be jointly and successively taken from the defendants and paid to the plaintiffs; I request that a precautionary injunction be imposed on the movable and immovable properties of the defendants and their rights and receivables from third parties.
I hereby submit. Sincerely yours,
Plaintiffs’ Counsel
Attorney ………………
Attached documents:
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