Pecuniary compensation is the monetary equivalent of intangible damages such as "pain, sadness, suffering". Determination of the amount is within the discretion of the judge and certain criteria are observed.
Legal Basis
- TBK articles 49 and 56: Non-pecuniary damage from tort.
- TMK article 25: Non-pecuniary damages for attack on personal rights.
- TBK article 58: Non-pecuniary compensation for bodily harm (aggravated).
Supreme Court HGK Criteria
- Socio-economic status of the parties:Victim and perpetrator, according to their economic power.
- The way the event occurred and its gravity.
- Fault status:Conscious or negligent.
- Age and social position of the victim.
- The probability of experiencing pain to the extent of the victim.
- Social effects of the event.
- Equity criterion: An amount that will not punish the parties but will satisfy the victim.
Typical Amount Bands (Approx.)
- Death: 100,000 - 500,000 TL (depending on the relative's situation).
- Great bodily harm (disability): 50,000 - 300,000 TL.
- Slight injury: 10,000 - 50,000 TL.
- Insult/attack on personal rights: 5,000 - 100,000 TL.
- Sexual assault victim: 50,000 - 500,000 TL.
Supreme Court HGK and 4th HD — Established Approach
HGK and the 4th HD consistently adopt that non-pecuniary damages should be determined in an amount that is "deterrent but not disproportionate", that the socio-economic balance of the parties should be observed, and that equity is the primary criterion.
The Concept of "Punitive Damages"
"Punitive damages" in Anglo-Saxon law are not directly included in Turkish law; However, in cases of gross negligence, the amount of non-pecuniary damage may be determined high.
Interest
- Interest is charged on non-pecuniary damages starting from the case date (established case law).
- Interest rate: legal/commercial interest.
Practical Tips
The calculation of non-pecuniary damages varies depending on the concrete event. It should be carried out with Compensation law lawyer.