A lawsuit for material and moral damages may be filed for damages arising from environmental destruction.
Damages for which compensation may be claimed
- Health problems (cancer, respiratory)
- Agricultural product loss
- Livestock damage
- Property loss of value
- Pecuniary pain (life) quality)
Defendant
- Polluting company
- Relevant public institution (lack of supervision)
- Municipality (waste management)
- Subsequent liability
Proof
- Environmental/health reports
- Expert report (toxicologist, ecologist)
- Medical documents
- Financial statements (loss of income)
- Witness statements
Court in Charge
- Civil court of first instance
- Administrative court if there is administrative responsibility (parallel)
Process
- Environment/health impact report
- Expert witness report
- Material/moral damage calculation
- Case (compensation amount)
- Decision (1-3 years)
Mass Tort
- Victims from the same region
- Same polluter
- Strategy for filing a lawsuit together
- Lawyer coordination
Supreme Court 4. HD
4. HD adopts that "ordinary cause" relationship is sufficient in compensation cases arising from environmental destruction, and concrete evidence can be produced with a medical certificate.
Duration
- 2 years/10 years (TBK Art. 72 tort)
- Prescription does not apply in continuous pollution
Environmental and compensation law lawyer recommended.