A- What Is A Lawsuit For Moral Damages?
A lawsuit for moral damages is a lawsuit filed in order to compensate for the distress, pain, sorrow and similar moral damages suffered by a person in the event that his/her personal rights are damaged as a result of an unfair act.
This lawsuit is intended to compensate the moral peace, psychological balance and deterioration in the social life of the injured person and to provide moral satisfaction. The relevant regulation is available in Article 58 of the Turkish Code of Obligations (TCO).
1-Who can file a lawsuit for moral damages?
1.1-Personal Rights Damaged:
If a person’s personal values such as honor, dignity and spiritual peace have been damaged, he/she may claim moral damages.
1.2 – Those whose relatives are harmed:
For example, in the event of the death of a relative, if the conditions are met, those who are deprived of support and their relatives may claim moral compensation.
2-In which cases can a lawsuit for moral damages be filed?
In order to file a lawsuit for moral damages, the following conditions must coexist:
- I. Wrongful Act: The perpetrator must have committed an unlawful act.
- II. Damage: The injured party must have suffered psychological, social or moral damage.
- III. Causal Link: There must be a causal link between the wrongful act and the damage.
- IV. Fault: It must be proven that the defendant is at fault. However, in some cases, strict liability may also apply. For example, the liability of the employer is one of the cases of strict liability.
B- How To File A Lawsuit For Non-Pecuniary Damages?
1-Authorized and Competent Court:
Duty;
The lawsuits for moral damages are filed in the Civil Court of First Instance, which is the competent court, but in some cases, the competent court may change according to the court where the financial compensation will be heard, for example, the request for moral damages arising from an occupational accident is heard in the labor court that deals with financial compensation.
Jurisdiction
In terms of jurisdiction, the court at the residence address of the defendant, which is the general competent court, or the court where the wrongful act occurred in accordance with the special jurisdiction regulation is authorized.
2-Preparing a Statement of Claim:
In the petition, the identity information of the plaintiff, the identity information of the defendant, the detailed description of the tort, the defect, the causal link explanation and the amount of compensation requested should be specified. The amount should be determined with the help of an expert jurist, as moral damages cannot be increased later and reform is not possible.
Concrete evidence and justifications regarding the moral damage should also be included in the petition.
3-Payment of Fees and Expenses:
The plaintiff must pay the court fees (application fee and advance fee) and costs (advance on expenses) required for the filing of the lawsuit.
4-Presentation of Evidence:
The plaintiff (the injured party) must submit the evidence that he/she has suffered damage with the petition or within the period given by the court. Any lawful evidence such as doctor’s reports, witness statements, expert reports on psychological effects or photographs can be submitted as evidence.
5-Court Process:
After hearing the parties and evaluating the evidence, the court determines the amount of non-pecuniary damages. This amount is assessed according to the magnitude of the damage, the gravity of the event and the financial situation of the parties.
6-Time Limitation Period for Non-Pecuniary Damages
The statute of limitations for moral damages is 2 years from the date of knowledge of the wrongful act and in any event 10 years from the date of the commission of the act. However, if the damaging act also constitutes a criminal offense (e.g. plunder), the statute of limitations is extended subject to the criminal statute of limitations applicable to the offense.
An action for damages is an important legal remedy to restore the injured party’s peace of mind and, at the very least, to formally establish his or her rightfulness before the law. In order to obtain a positive result from a lawsuit for moral damages, it is important that the tort, damage, fault and causal link are well explained legally and proven with concrete evidence. Getting professional support from a lawyer will make a great contribution to finalizing the case in the desired manner.