What Is Non-Pecuniary Compensation?
Non-pecuniary compensation lawsuits are a type of lawsuit in which individuals claim, through the court, compensation from those who caused the moral damage they have suffered. In order to be entitled to file a non-pecuniary compensation lawsuit, it is not necessary for the person from whom compensation is claimed to have caused a material loss with a monetary equivalent. Within the framework of the incident subject to the compensation lawsuit, non-pecuniary compensation is claimed in cases where the person falls into grief and sorrow, and where the person’s personal rights are harmed due to their human dignity. Non-pecuniary compensation lawsuits are based more on moral damages than on material facts. In summary, individuals must have been psychologically affected as a result of an incident.
What Is a Non-Pecuniary Compensation Lawsuit?
In non-pecuniary compensation lawsuits, in order for the relevant right to arise, an application is made to the competent and authorized court with a petition under the title of non-pecuniary compensation, either personally or through an attorney holding a power of attorney, for the purpose of calculating the compensation amount and claiming it from the person who committed the wrongful act. This written application is called a non-pecuniary compensation lawsuit.
There are certain situations and conditions required to file a non-pecuniary compensation lawsuit. These situations are listed below.
- A person who is cheated on by their spouse may claim compensation in addition to a divorce lawsuit,
- In cases of breach of contract, the injured party may claim compensation,
- If a person is involved in a crime, the victim may claim compensation,
- If a person feels sorrow, grief, and distress due to a wrongful act, they may claim compensation,
- If an employee experiences events such as loss of strength, loss of limb, or long-term and painful hospital treatment as a result of a work accident, they may claim compensation from their employer,
- The owner of the copyright of a work may file a non-pecuniary compensation lawsuit as a result of a copyright infringement,
- In cases such as incorrect treatment applied in a clinical environment, patients may claim compensation from their doctors,
- A person may file a non-pecuniary compensation lawsuit as a result of being subjected to an insult.
If you wish to file a non-pecuniary compensation lawsuit based on the reasons listed above, you may contact an expert Izmir compensation lawyer.
What Are the Conditions for Non-Pecuniary Compensation?
A number of conditions must be met in order to file a non-pecuniary compensation lawsuit. If you are faced with the situations mentioned in the paragraph above, you may contact Izmir lawyer offices to file a non-pecuniary compensation lawsuit. Since the competent court examines compensation lawsuits from all aspects, it evaluates whether the conditions listed below are met.
- The unlawfulness of the act committed must be clearly stated within the framework of the law.
- A moral damage must have arisen as a result of the act committed.
- It must be clearly stated whether an attack has been made on the values accepted as personal values of the individual.
- The persons responsible for the act must have fault, or one of the cases of strict liability stipulated by law must exist.
- An appropriate causal link must exist between the act committed and the moral damage that occurred.
In order to file a non-pecuniary compensation lawsuit, the conditions presented above must exist. If you wish to file a lawsuit based on these conditions, you should work with an expert lawyer.
After these non-pecuniary compensation conditions are met, filing a non-pecuniary compensation lawsuit before the competent and authorized courts is also one of the fundamental requirements. Before filing the lawsuit, the claim for non-pecuniary compensation, including evidence showing that the compensation conditions are met, must be prepared and submitted to the court together with the required fees and expenses. Defendants receiving such claims often argue that the criteria for moral damage have not been met. It should not be forgotten that whether the court will decide to award compensation depends on the non-pecuniary compensation conditions mentioned here. Therefore, this is one of the most important issues in the lawsuit process. However, the amount of non-pecuniary damage and how it is calculated is also one of the important details. You can easily make calculations under the heading “How Is Non-Pecuniary Compensation Calculated?”
How Is Non-Pecuniary Compensation Calculated?
Within the framework of the law, there is no mathematical formula for calculating the amount of non-pecuniary compensation. In such lawsuits, the subject matter is not a material loss, but the sorrow and grief suffered by individuals. While material compensation lawsuits are subject to the prohibition of unjust enrichment, this is not the case for non-pecuniary compensation lawsuits. In addition, the amount to be claimed in lawsuits is determined in line with certain criteria. When calculating the amount of non-pecuniary compensation, the competent courts take into account the criteria listed below. These criteria mainly include:
- The financial status of the plaintiff and the defendant subject to the lawsuit,
- The manner in which the incident giving rise to the lawsuit occurred and other special circumstances,
- The degree of fault of the parties depending on the claim,
- The extent of the victimization and pain suffered by the plaintiff.
Depending on the circumstances of the events listed above and the required actions, non-pecuniary compensation claims are evaluated. Filing a non-pecuniary compensation lawsuit may be accepted by the judge if the amounts stated in the petition are realistic. If the amount submitted to the court is below or above the calculated amount, the court may reject the claim. For this reason, you may ensure that all your lawsuits are followed up easily by working together with an expert Izmir compensation lawyer.