THE CONCEPT OF “SUPPORT” IN COMPENSATION FOR DEPRIVATION OF SUPPORT
The support of the deceased to the survivors can take various forms. The deceased may provide support by providing monetary assistance or by providing services or other forms of assistance. Deprivation of support in any form by the surviving relatives of the deceased is sufficient for the right to file a lawsuit for material and moral damages.
To give examples of forms of support;
Housewives may file a lawsuit for pecuniary and non-pecuniary damages when a housewife dies due to a wrongful act such as a traffic accident, work accident, doctor’s mistake, etc., as they provide the needs and services of the house, and their surviving relatives are deprived of support.
Likewise, children provide a certain level of support to their parents both at home and in business life. In the event of the death of a child due to a wrongful act, the parents have the right to file a lawsuit for pecuniary and non-pecuniary damages against the perpetrators of the act.
Even in the event of the death of one of the two lovers who live together and support each other, the other person has the right to file a lawsuit for material and moral damages for deprivation of support.
SCOPE OF COMPENSATION FOR DEPRIVATION OF SUPPORT
1. Moral Compensation
We have already stated that moral damages may also be claimed together with the claim for pecuniary compensation for deprivation of support. In the event of serious bodily harm or death, an appropriate amount of money may be ordered to be paid to the injured party or the relatives of the deceased as non-pecuniary damages (Art. 56/2 of the Code). According to judicial practice, moral compensation should not be a means of enrichment. The purpose of non-pecuniary damages is to partially relieve the pain and suffering caused by the incident. Therefore, while determining the amount of non-pecuniary damages; the date of the accident, the way the incident occurred, the fault status and the social and economic status of the parties should be evaluated.
2. Material Compensation
Compensation for deprivation of support is a type of financial compensation. In the case of compensation for deprivation of support, the injured party has the burden of proving the damage and the fault of the damaging party. If the exact amount of the damage cannot be proved, the judge determines the amount of the damage in accordance with equity, taking into account the ordinary course of events and the measures taken by the injured party (Art. 50 of the Code). In the event that the injured party has caused the occurrence or increase of the damage with his/her negligent behavior, the amount of pecuniary compensation should be reduced.
The scope of pecuniary compensation that may be claimed as compensation for deprivation of support is defined in Article 53 of the Code of Obligations. According to the Law, the pecuniary damages suffered in the event of death and which may be claimed are specifically as follows
a. Funeral expenses.
b. If the death did not occur immediately, treatment expenses and losses arising from the decrease or loss of working capacity.
c. Losses incurred by persons deprived of the support of the deceased.
Persons who are deprived of the support of the deceased may request compensation for all kinds of material damages arising from the deprivation of the support that the deceased would have provided to them during their entire working life. For example, a man who died at the age of 30 as a result of an accident at work or a traffic accident would have lived for 44 years according to the TRH-2010 table. If all other conditions are met, this person could in principle support his relatives for another 44 years. The financial provision that this deceased person could have provided to his relatives during the support period should be calculated and given to his relatives as compensation for deprivation of support.
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