Compensation For Loss of Support

Compensation for loss of support is regulated under Article 53 of the Turkish Code of Obligations. Under this provision, the damages arising from a person's death include, alongside funeral and treatment expenses, "the losses suffered by persons deprived of the deceased's support as a result of the death."

Accordingly, this compensation aims to cover the losses of persons who received material or financial support from the deceased during their lifetime, once that support ends due to death. The claim belongs directly to the persons deprived of support, not to the deceased's heirs as such — it is therefore independent of inheritance law claims.

A family or statutory relationship with the deceased is not, on its own, a condition for claiming this compensation; what matters is that the claimant actually and regularly received support from the deceased. In practice, claims most often arise from the following persons:

• The spouse: Because spouses are under a mutual duty of support during marriage, the existence of a support relationship is generally presumed.
• Children: A support relationship is likewise presumed for minor children or children still in education.
• Parents: Even where a child had not yet begun supporting their parents, the ordinary course of life anticipates that they would have done so in the future — parents may therefore claim this compensation upon the death of a child.
• Other persons actually supported: A person who is not a relative but can prove they regularly received financial support from the deceased (for example, someone who was being cared for) may also bring a claim.

Because the support relationship is not presumed for persons other than the spouse, children, and parents, such claimants must prove with concrete evidence that they actually received support.

Several conditions must be satisfied together for compensation for loss of support to be claimed. First, the person providing support must have died, or be legally presumed dead; serious injury alone does not satisfy this condition. A loss must also have occurred, and there must be a causal link between that loss and the act that caused the death.

Gross negligence on the part of the deceased in the event that caused their own death can sever this causal link; in such a case, the party held liable may be partly or fully released from liability by proving the deceased's gross negligence. As for the claimant, the support received must have been provided regularly and continuously — one-off assistance does not support this type of claim.

Calculating compensation for loss of support is a technical matter and is generally based on an actuarial expert report. The main factors taken into account include:

• The deceased's income: determined from payroll records, tax records, or information from professional chambers; where these are unavailable, an equivalent-wage inquiry is used instead.
• Expected life span: the calculation generally relies on PMF (Population, Mortality, Fertility) life tables or comparable actuarial tables to estimate the deceased's likely working and support period.
• Support share: the portion of the deceased's income allocated to themselves and to each dependent is apportioned according to the family's structure.
• Degree of fault: the parties' respective degrees of fault in the incident directly affect the amount calculated.
• Deductions: items such as payments already made by an insurer or the liable party may, under certain conditions, be deducted from the amount calculated.

It is possible to object to an actuarial report and, where necessary, to request a supplementary report or a fresh expert examination. Because the accuracy of the calculation depends heavily on the income and fault evidence submitted to the file, this stage deserves careful attention.

As a tort-based claim, compensation for loss of support is subject to the general limitation rule set out in Article 72 of the Turkish Code of Obligations. Under this provision, the claim is time-barred two years after the claimant learns of the damage and the liable party, and in any event ten years after the date of the act.

If the act causing the death also constitutes an offense for which the criminal legislation provides a longer limitation period, that longer criminal-law period applies to the compensation claim as well, pursuant to Article 72. For instance, where an event constitutes reckless or intentional homicide, the applicable criminal statute of limitations may exceed the general two-year period and apply instead. Which period applies in a given case depends on the nature of the act and should be assessed accordingly.

In practice, compensation for loss of support most often arises from deaths caused by traffic accidents and workplace accidents. In traffic accidents, a claim can be brought against the insurer under the vehicle's mandatory third-party liability insurance, and a separate claim can be filed against the liable driver or vehicle operator for any loss exceeding the insurance limit.

In workplace accidents, where the employer has breached occupational health and safety obligations, the remaining loss — after deducting payments made by the Social Security Institution — may be claimed from the employer. In both scenarios, the degree of fault needs to be assessed based on accident reports, workplace accident investigation reports, and any related criminal case file.

The court competent to hear compensation for loss of support cases is generally the civil court of first instance, although insurance disputes with the character of a consumer transaction may fall under a different competent court. The authorized court is, as a rule, the court of the defendant's domicile, though the case may also be filed where the damage occurred or at the claimant's own domicile.

Other claims, such as non-pecuniary damages, can often be raised together with compensation for loss of support in the same case; you can find more information on how these claims differ on our İzmir compensation lawyer page. Legal support in compensation law matters is provided across İzmir, particularly in Karabağlar, Konak, and Buca.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy