Anasayfa / Makalelerimiz / Sample Compensation Claim Petition
A compensation claim can be initiated using the sample compensation claim petition provided. Care must be taken while filling out the sample compensation claim petition, as instructions are included both within the petition and in the section below titled "Important Considerations."
For more detailed information to write the petition more accurately, you can read our article on “compensation claims.”
Contents
Sample Compensation Claim Petition
It should not be forgotten that the following sample compensation claim petition is a draft. A custom petition should be prepared considering the unique circumstances of each case, and procedural law rules should be adhered to. Errors in procedural law can result in a rejection of your claim even if it is justified. Therefore, it is advised to seek legal support.
Sample Petition-1
TO THE DUTY CIVIL COURT OF FIRST INSTANCE
PLAINTIFF: Name-Surname, National ID Number, Address
COUNSEL: Name-Surname, Bar Registration Number, Address, UETS Number
(If you have a lawyer, fill this section)
DEFENDANT: Name-Surname, National ID Number, Address
SUBJECT: The claim is for moral damages amounting to ….₺ due to the attack on personal rights by the defendant.
EXPLANATIONS:
My client was attacked and injured by the defendant, who visited the … named workplace at the address … on the date …/…/…. Despite being the victim in this incident, my client was subsequently dismissed from work. Prior to the incident, my client’s fiancé, who was making wedding preparations, broke off the engagement due to my client’s job loss.
In addition to other financial losses, my client has also suffered significant emotional distress. To alleviate my client’s emotional suffering, it is necessary to claim ……. TL in moral damages from the defendants.
(The information in the above three paragraphs should be filled according to the individual's own situation and conditions)
LEGAL EVIDENCE: … Civil Court of First Instance …/… Case Number, Witness Statements, and other legal evidence
LEGAL GROUNDS: Penal Code, Code of Civil Procedure, Civil Code, Code of Obligations, and other relevant legal grounds
REQUEST FOR RELIEF: For the reasons stated, we request the acceptance of our case and the award of ………. TL, along with legal interest from the date of the incident, from the defendant for the emotional damages my client has suffered. Additionally, we respectfully request that the court orders the defendant to cover the litigation costs and attorney's fees.(…../……../……)
NAME-SURNAME
SIGNATURE
Sample Petition-2
TO THE DUTY CIVIL COURT OF FIRST INSTANCE
PLAINTIFF: Name-Surname, National ID Number, Address
COUNSEL: Name-Surname, Bar Registration Number, Address, UETS Number
(If you have a lawyer, fill this section)
DEFENDANT: Name-Surname, National ID Number, Address
SUBJECT: The claim is for material and moral compensation due to medical malpractice.
EXPLANATIONS:
Our client, suffering from chest discomfort, visited … Hospital in … of … year. The examining doctor, Dr. …, referred our client to … Laboratory for necessary tests.
On ../../…, a sample was taken from our client’s chest at … Laboratory and analyzed. Afterward, our client presented the pathology report from … Laboratory to Dr. …, who diagnosed our client with breast cancer based on the pathology report and advised that the disease was advanced.
Consequently, Dr. … performed a surgery on ../../… to remove our client’s breast. The removed breast was re-examined at … Laboratory on ../../…, and a new pathology report was issued. Dr. …, after reviewing this report, confirmed the cancer diagnosis and referred our client for radiotherapy treatment at … Education Hospital Oncology and Nuclear Medicine Center.
Before starting treatment at … Hospital, it was suggested that new tests should be conducted for our client and that materials taken at … would need to be brought in for analysis. The materials provided by … Laboratory were sent to … Hospital for examination.
Upon review of the examination and test results, the Oncology Clinic Doctor at … Hospital informed our client that there was no cancer diagnosis. Learning that there was no cancer diagnosis, our client was shocked by the reality that her breast had been wrongly removed.
This development has caused our client to suffer both physically and emotionally. Her family has also been affected, experiencing distress and unrest. At the young age of …, it is clear that our client will feel the pain and absence of her unnecessarily removed breast throughout her life.
Moreover, our client has incurred various expenses for hospital visits, medications, and travel. Due to the unnecessary removal of her breast, there is a need for a prosthetic replacement for cosmetic correction, a financial burden that our client cannot bear alone. Therefore, we are compelled to claim material compensation.
The responsibility for this incident lies with the … Laboratory, which provided two consecutive erroneous reports, and the doctor who performed the surgery based on the initial report without seeking further tests, as well as the institution to which this doctor is affiliated.
(The information in the above paragraphs should be filled according to the individual's own situation and conditions)
LEGAL EVIDENCE: Pathology Reports, Hospital Reports, Expert Examination, Witness Statements, and other legal evidence
LEGAL GROUNDS: Code of Obligations, Code of Civil Procedure, Bio-Medical Convention, Patient Rights Regulations, Medical Ethics Rules of the Turkish Medical Association, and other legal grounds
REQUEST FOR RELIEF: In light of the reasons and developments described above, it has become necessary to apply to the Court to mitigate the grievances of our client.
For the reasons summarized, we request that our case be resolved in favor of the plaintiff and that the defendants jointly and severally pay material compensation of …TL and moral compensation of …TL, with legal interest accruing from the date of the unjust act, …/…/…. Additionally, we respectfully request that the court order the defendants to cover the litigation costs and attorney's fees.(…../……../……)
NAME-SURNAME
SIGNATURE
Considerations When Writing a Compensation Claim Petition
While filling out a compensation claim petition, it is crucial to consider the unique conditions of each incident.
The competent and responsible court must be correctly identified and stated.
The petition must include all mandatory elements required by law.
Each claim must be supported by proof and legal evidence listed in the "Legal Evidence" section.
When filling out the compensation claim petition, the "Request for Relief" section should comprehensively and clearly state the claims being made.
Attention should be paid to statutory limitations, limitation periods, and legal timelines when filing and during the lawsuit.
If there is a mediation requirement before filing a lawsuit, mediation should be the first step taken.
When filing/applying, do not forget to pay the necessary court fees and cost advances.
Conclusion
As can be seen, there are many points to consider when preparing a compensation claim petition. If these points are overlooked, it may result in a loss of time and unnecessary expenses. To ensure both the petition preparation and the subsequent legal proceedings are handled correctly, it is beneficial to obtain support from an expert attorney.
Compensation Lawyers Across Istanbul, Antalya, Alanya, İzmir, and All of Turkey
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Contact Us for a Consultation
If you or a loved one has been wronged and you believe you are entitled to compensation, do not hesitate to contact us. Our initial consultation provides an opportunity to discuss your case details with a seasoned compensation lawyer who can guide you on the path to obtaining the justice and compensation you deserve. Whether your case is in Istanbul, Antalya, Alanya, İzmir, or elsewhere in Turkey, our lawyers are here to help you every step of the way.
Navigating the legal system can be daunting, but with Enes Nergiz Law Firm, you have a partner who understands the intricacies of compensation law in Turkey and is committed to advocating on your behalf. Reach out today to begin your journey towards recovery and justice.
