COURT OF FIRST INSTANCE
(Injunction requested)
Plaintiff : 1-
Acting : Av
Defendants : 1)
2)
3)
Lawsuit : 1) The bodily damages of …………., who was injured in a traffic accident, according to the article ………….., and the determination of the fault rates of the parties (without prejudice to the rights related to the excess) and the calculation of the loss of power compensation and treatment expenses, and the interest to be operated from the date of the incident in terms of the operator and the driver and from the date of the lawsuit in terms of the insurer, together with the judicial expenses and attorney’s fees, jointly and successively to the defendants, and to decide to put a precautionary measure on the traffic record of the vehicle that caused the accident.
2) Moral damages shall be claimed after the damage and its extent have been determined.
The value based on the fee : ……..
Explanations
1-a) On the day of ………., the driver ……….. hit the pedestrian ………. with the vehicle ………… with the licence plate ………. Neighbourhood …….8. While entering the …….8. Street, he hit the pedestrian ………., causing injury and loss of physical strength for life. (Accident report)
b) Although it is explained in the traffic accident report and in the expert report given to the investigation file ……..C.Prosecutor’s Office ………….. no…………… that the pedestrian is the main fault and the driver is the secondary fault, the fact that the accident occurred in front of the school and the accident occurred at an hour when the students were dispersing was not taken into consideration. Therefore, according to the evidence to be collected by the court and the expert examination to be conducted again, the fault rates of the parties will be determined.(Expert report)
2-a) In the report of the ……… State Hospital Health Board dated …….. and numbered ………., the rate of loss of physical strength of the claimant ………….. was determined as 48%. Undoubtedly, if there is an objection on this issue, a new disability report will be required. (The report is attached.)
b) The claimant ………. d.d. ……….., ……………. was (….) years old on the date of the accident, a student of ………. High School ……. class student, who could not go to school for one year after the accident, and although he continued his schooling in the following year and still continues his schooling, he has difficulties in travelling to and from school and maintaining his daily life due to permanent disability, and most of the time he needs the help of one of his family relatives.
(The document received from the school directorate is attached)
c) In addition, in the event that she is employed in the future or undertakes domestic services as a housewife, she will suffer difficulties in proportion to her disability until the end of her life. For this reason, we had to request “compensation for loss of strength”.
d) In the decisions of the Court of Cassation, which have become established over time, it is accepted that even if the persons who are disabled as a result of the wrongful act have a job and earnings, they will have difficulty in maintaining their daily lives in proportion to their disability, and that they will gain more power (effort) than their peers, and this is called the “loss of power theory”. It would be a requirement of equity and a rule of life to apply this rule, which is accepted for elderly people, to children who have been disabled at a young age who have not yet entered the working life.
e) For these reasons explained, we request that the plaintiff’s “loss of earning capacity compensation” be calculated in accordance with the article ………………. according to the evidence to be collected.
3-a) Although some of the treatment expenses of the plaintiff were covered by the state hospital, many expenses were incurred during the period from the date of the accident until he recovered completely. Since it is not possible to document almost all of these, in line with the decisions of the Court of Cassation that the treatment and recovery expenses are very comprehensive, that there is no documentary requirement for their request and that the damage and its scope should be determined in accordance with the article ……….., the treatment and all recovery expenses that can be requested from the defendants should be calculated by an expert,
b) Although the Law No. ………. amended the article …………. regarding the liability of the insurer for the treatment expenses, such damages have been attributed to the Social Security Institution and the liability of the insurer has been limited to hospital expenses, this amendment is contrary to the principle of equality of the Constitution and we request the Court to evaluate this amendment.
4-a) Considering the psychological and vital negativities caused by the permanent disability and the fact that the plaintiff is a young girl, we request a decision to collect the non-pecuniary damages, the amount of which will be announced after the degree of responsibility and the scope of the damage is determined at the last stage of the trial, from the operator and the driver together with the interest to be operated from the date of the incident.
b) Since the implementation of the article ……………. is still new, after the uncertainties on this issue are resolved, if it is deemed impossible to request non-pecuniary damages in the same lawsuit, it will be necessary to file a separate lawsuit for non-pecuniary damages, although it is contrary to procedural economy.
5- Since the lorry with the licence plate ……….. was insured by the defendant Insurance Company with the traffic insurance number ………… valid as of the date of the accident, the insurance company was also sued within the limits of liability, and since no application was made before the lawsuit, interest was requested from the date of the lawsuit.
Legal Reasons :
Evidence : Accident reports, ………C.Prosecutor’s Office, ……….. numbered investigation file and expert report, …………. State Hospital Health Board’s report ………… day ………. numbered report, treatment documents, documents and school letters stating that the plaintiff was a student and could not attend school for one year, Court of Cassation decisions on loss of strength compensation and treatment expenses, Traffic Insurance policy, expert fault and calculation reports, witnesses, etc. all kinds of evidence.
Conclusion and request : For the reasons presented:
1) ……….. who was injured in a traffic accident ……….. ………. article and the determination of the fault ratios of the parties (without prejudice to the rights related to the excess) and the calculation of the loss of strength compensation and treatment expenses and the interest to be operated from the date of the incident in terms of the operator and the driver and from the date of the lawsuit in terms of the insurer, together with the judicial expenses and attorney’s fees, to be paid to the defendants jointly and successively,
2) To place a “precautionary measure” on the traffic record of the vehicle that caused the accident,
3) I request that the request for non-pecuniary damages, which will be explained after the damage and its scope are determined, be decided to be paid to the operator and the driver together with the interest to be accrued from the date of the incident, judgement expenses and attorney’s fees.
I would like to submit this request. Sincerely yours,
Plaintiff’s Counsel
Attorney. ………..
Attached documents:
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