WHAT IS COMPENSATION FOR DEPRIVATION OF SUPPORT?
Compensation for deprivation of support is the damage suffered by the support recipients as a result of the disappearance of the support received by the people who were supported by a deceased person while he/she was alive. Compensation for deprivation of support is a type of financial compensation lawsuit that has been accepted in order to ensure that the lives of the people supported by the deceased do not deteriorate due to death.
The beneficiaries may also file a claim for non-pecuniary damages within the same lawsuit. The purpose of the compensation in question is to ensure that the people who were supported by the deceased while he/she was alive can continue their lives in the same way, and that they can continue their social and economic ties as before the death.
WHO CAN FILE A LAWSUIT FOR COMPENSATION FOR DEPRIVATION OF SUPPORT?
Compensation for deprivation of support is a type of financial compensation lawsuit. In order to claim such compensation, the deceased person must have received financial support while alive. It is not possible to claim financial compensation for the death of a person who was not supported while alive.
Who can file a claim for compensation for deprivation of support is determined as follows:
1. Anyone who received support from the deceased
Anyone who received support from the deceased while he/she was alive can file a lawsuit for compensation for deprivation of support. The person who received support from the deceased during his/her lifetime may be a relative of the deceased, such as a fiancée, uncle, uncle, etc., or a friend who is not related to the deceased at all. For example, the deceased’s girlfriend, to whom the deceased provided regular support during his/her lifetime, may file a lawsuit for compensation for deprivation of support.
However, in order for this category of persons to claim compensation for deprivation of support, they must prove that they received support from the deceased while they were alive.
2. Spouse, Child, Parent
There is a legal presumption that some people support each other during their lifetime. According to the case law of the Court of Cassation, according to the normal flow of social life, parents support their children, children support their parents and spouses support each other during their lifetime. Since it is accepted that these persons support each other while they are alive due to the legal presumption developed in practice, it is not necessary to prove whether they support each other in the compensation case. However, the defendant may prove the opposite of the presumption with evidence, that is, the defendant who proves that these persons did not support each other while they were alive may be relieved from the compensation for deprivation of support to be awarded due to the financial compensation lawsuit. For example, a father who does not live in the same house with his children and has no support cannot claim compensation for deprivation of support when one of his children dies in a traffic accident.
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