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 persons supported by a deceased person while he/she was alive. Compensation for deprivation of support is a type of material compensation lawsuit accepted in order to ensure that the lives of the persons supported by the deceased do not deteriorate due to death.
Beneficiaries may also file a claim for non-pecuniary damages in the same lawsuit together with this pecuniary compensation 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 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 be able to claim such a financial compensation, it is necessary to receive financial support from the deceased person while he/she was alive. It is not possible to claim financial compensation due to 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. 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 he/she was alive.
2. Spouse, Child, Parent
There is a legal presumption that some people support each other during their lifetime. According to the jurisprudence 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 contrary of the presumption with evidence, that is, the defendant who proves that these persons did not support each other during their lifetime 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, who has no support, cannot claim compensation for deprivation of support when one of his children dies in a traffic accident.
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