COMPENSATION FOR DEPRIVATION OF SUPPORT COMPETENT COURT
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 damages 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.
An action for compensation for deprivation of support may arise for a number of reasons that multiply the options for the competent court. Such an action for financial compensation can be brought mainly for the following reasons: A lawsuit for financial compensation for a fatal traffic accident, a lawsuit for financial compensation for a fatal work accident, a lawsuit for financial compensation for intentional or negligent manslaughter. All these types of financial compensation lawsuits are essentially different forms of the lawsuit for compensation for deprivation of support arising from “torts”. 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 the event of a tort, the plaintiff may file a claim for compensation for deprivation of support in whichever of the multiple competent courts authorized by law.
In the event of death resulting from the wrongful acts listed 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 of the place where the wrongful act was committed, 2- The court of the place where the damage occurred, 3- The court of the place of residence of the injured party.
To give an example for the competent court for the material and moral compensation lawsuit to be filed due to deprivation of support;
For example, Ahmet died as a result of a traffic accident in Istanbul – Şişli district, leaving his wife Ayşe and child Erol, who live in Istanbul-Bakırköy district, 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, the place of the traffic accident, 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 may die due to the incident after years of treatment due to the act that caused harm to 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 learned later, in any case, the right to file a lawsuit for material and moral damages for deprivation of support expires in ten years.
If the act subject to compensation for deprivation of support is also an act constituting a crime, a lawsuit for compensation can be filed within the criminal statute of limitations foreseen for the crime.
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