As a rule, compensation for deprivation of support is filed in the court of the place of residence of the defendant. If there is more than one defendant, the lawsuit for pecuniary and non-pecuniary compensation may be filed in the court of domicile of any of the defendants. If the defendant is an institution such as a company or a foundation, etc., the lawsuit for pecuniary compensation can be filed in the place where the defendant’s workplace headquarters is located, as well as in the location of the branch that carried out the transaction.
A lawsuit for compensation for deprivation of support may arise for many reasons, which multiply the options for the competent court. Such an action for pecuniary compensation can be filed mainly for the following reasons: A lawsuit for financial compensation due to a fatal traffic accident, a lawsuit for financial compensation due to a fatal work accident, a lawsuit for financial compensation due to intentional or negligent manslaughter. All of these types of financial compensation lawsuits are essentially different forms of the lawsuit for compensation for deprivation of support arising from “wrongful acts”. Such lawsuits for pecuniary damages arising from tortious acts can be filed at the defendant’s residence, company headquarters or the branch that carried out the transaction, as well as in other courts. In other words, in case of tort, the plaintiff may file a claim for compensation for deprivation of support in whichever of the multiple competent courts authorised by the law.
In the event of death caused by the wrongful acts mentioned above, the plaintiff has the right to file a lawsuit for compensation at the residence of the defendant, as well as the right to file a lawsuit for material and moral damages in one of the following courts: 1- The court where the wrongful act was committed, 2- The court where the damage occurred, 3- The court where the injured person resides.
To give an example for the competent court for the material and moral compensation case to be filed due to deprivation 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 live in Istanbul-Bakırköy district, remained as heirs. This fatal traffic accident occurred due to the careless driving of Mehmet, who resides in Istanbul-Buyukcekmece.
In the above example, the deceased’s wife Ayşe and child Erol, who are deprived of support as a result of the traffic accident, may choose to file a material and moral compensation lawsuit in any of the following courthouses: 1- Istanbul Çağlayan Courthouse where Şişli district, where the traffic accident took place, is located, 2- Istanbul Bakırköy Courthouse where the plaintiffs Ayşe and Erol’s own residence is located, 3- Istanbul Büyükçekmece Courthouse where the defendant Mehmet’s residence is located
TIME LIMIT AND STATUTE OF LIMITATIONS FOR FILING A CLAIM FOR COMPENSATION FOR DEPRIVATION 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 indemnity obligor (Art. 72 of the Code). In torts, the damage does not always occur at the time of the event. For example, in the event of death due to a work accident, traffic accident or doctor’s error, it is possible that the deceased dies due to the incident after years of treatment due to the act that harmed the deceased. In this case, the starting date of the statute of limitations for compensation for deprivation of support is the date of death.
Even if the indemnity obligor or the damage is learnt later, in any case, the right to file a lawsuit for material and moral damages for deprivation of support shall expire in 1O years.
If the act subject to compensation for deprivation of support is also an act constituting a criminal offence, a lawsuit for compensation may be filed within the criminal statute of limitations prescribed for the offence.
You can access our other article examples and petition examples by clicking