Personal Injury and Compensation Lawyer in Bursa

A traffic accident, a workplace accident, a faulty medical intervention or a breach of contract can suddenly change a person’s health, income and way of life. From our Bursa office, Neka Legal handles compensation law with the aim of establishing and recovering the loss suffered in full. We also act for foreign nationals injured in accidents in Türkiye, including tourists and residents.

Which compensation claims do we handle?

In claims for pecuniary damages, we establish the reduction in assets, medical expenses, loss of earnings and loss of earning capacity through specialist expert calculations. We pursue claims for non-pecuniary damages to ease, at least to some extent, the pain and suffering caused by the event, and, where a relative has died, claims for loss of support on behalf of family members who lost the support the deceased provided during their lifetime.

A large part of our practice consists of applications to insurers, loss of value assessments and claims for pecuniary and non-pecuniary damages in traffic accidents involving injury or death; claims by employees or their families under the employer’s liability for workplace accidents and occupational diseases; and malpractice actions based on the liability of physicians and hospitals for bodily harm resulting from misdiagnosis, wrong treatment or surgical errors.

We also handle the recovery of losses arising from breach of commercial or individual contracts, wrongful termination or defective goods and services, and claims for non-pecuniary damages against attacks on personality rights such as insult and defamation in the press, on social media or orally.

What compensation can be claimed?

In personal injury cases, medical expenses consisting of hospital, medication, physiotherapy and carer costs, loss of earnings for the period of treatment and future loss of earning capacity due to permanent disability can be claimed (Turkish Code of Obligations, TBK, Art. 54). In case of death, relatives deprived of the deceased’s support can claim compensation for loss of support (Art. 53).

Non-pecuniary damages can be claimed for the pain and suffering arising from bodily harm, death or a violation of personality rights (Arts. 56, 58). In traffic accidents, the fall in the market value of a repaired vehicle can also be claimed as loss of vehicle value (Highway Traffic Law, KTK, Arts. 85, 90).

How does a traffic accident claim work?

In traffic accidents, damage is first covered by the vehicle’s compulsory motor third-party liability (traffic) insurance; the operator of the vehicle and the driver are liable for the part exceeding the cover.

1. Gather the documents: The accident report, medical reports, treatment records, invoices and photographs are collected.
2. Apply to the insurer: A written application to the insurer is mandatory before filing a lawsuit (KTK, Art. 97).
3. Response period: If the insurer does not respond within fifteen days, or rejects the claim in whole or in part, a lawsuit can be filed.
4. Litigation or arbitration: The dispute is resolved before the general courts or the Insurance Arbitration Commission.
5. Expert examination: The degree of fault, disability and the amount of loss are determined by expert reports.

Assess the insurer’s offer before signing. Releases or settlement offers from insurers may limit further claims once signed. It is advisable to calculate the full loss before accepting an offer.

How is loss of vehicle value claimed?

A vehicle damaged in an accident and repaired may sell for less than its pre-accident market value. This difference can be claimed from the other party’s insurer as loss of value. Current case law on the method of calculating the loss of value is important in these claims.

Who receives compensation for loss of support?

When a person dies, relatives whom the deceased regularly supported during their lifetime, such as the spouse, children, mother and father, can claim compensation for loss of support. The compensation is calculated by an actuarial expert, taking into account the deceased’s income and age, the number of dependants and the degree of fault. These relatives can also claim non-pecuniary damages.

Medical malpractice cases

Compensation can be claimed for damage caused by misdiagnosis, wrong treatment, surgical errors or failure to inform the patient adequately. The type of action and the competent forum depend on the institution where the treatment was given:

• Private hospitals and clinics: The relationship between the patient and the physician or hospital is based on a mandate contract; the case is heard by the civil courts.
• State and university hospitals: The loss is claimed from the administration on the basis of service fault; an application is first made to the administration, followed by a full remedy action before the administrative court.

In malpractice cases, obtaining the full medical records and the report of the Forensic Medicine Institute or a specialist expert is decisive.

Non-pecuniary damages for attacks on personality rights

Non-pecuniary damages can be claimed for insult, defamation, invasion of privacy or social media posts damaging a person’s reputation (TBK, Art. 58). For online publications, requests for removal of the content and blocking of access can be assessed together with the compensation claim. Recording the posts, with date and link details, before they are deleted is important for proof.

How is the amount of compensation calculated?

Pecuniary damages are calculated according to the injured person’s specific circumstances and often require an actuarial expert report. The main data used in the calculation are:

• The injured person’s age and income at the time of the event
• The degree of permanent disability or, in case of death, the duration of support
• The parties’ degrees of fault
• The life tables used for remaining life expectancy and active working life
• Deduction of pensions granted by the Social Security Institution and payments made by the insurer

Small differences in the calculation method can lead to significant differences in the result. It is therefore very important to check that expert reports comply with the data in the file and current case law, and to object where necessary.

Breach of contract and defective goods and services

If a contract is not performed at all or not properly performed, the debtor must compensate the creditor’s loss unless it proves that it was not at fault (TBK, Art. 112). Late delivery, wrongful termination and penalty clause disputes in commercial contracts, and claims for refunds, repair or replacement due to defective goods and services in consumer transactions, are assessed in this context. In commercial and consumer disputes, mediation is mandatory before filing a lawsuit.

Limitation periods for compensation claims

Compensation claims arising from a tort become time-barred two years after learning of the damage and the person liable, and in any case ten years after the act (TBK, Art. 72). The same periods apply to traffic accidents; the ten-year period runs from the date of the accident (KTK, Art. 109). Claims arising from breach of contract are, as a rule, subject to a ten-year limitation period (TBK, Art. 146).

If the damage also constitutes an offence and criminal law provides for a longer limitation period, that longer period applies.

Which court hears compensation cases in Bursa?

Tort cases can be filed at the defendant’s domicile, where the damage occurred or at the injured person’s domicile. For a traffic accident in Bursa, the case can be heard by the Bursa civil courts of first instance, and commercial disputes against an insurer by the commercial courts of first instance. Compensation cases arising from workplace accidents are heard by the labour courts; for details, see our employment law page.

Frequently asked questions

If I was at fault in the accident, can I still receive compensation?

Your share of fault is deducted from the compensation; however, unless you were entirely at fault, you can claim compensation in proportion to the other party’s fault.

What happens if the insurance company does not pay?

If no payment is made within fifteen days of the written application, or the claim is rejected, a lawsuit can be filed against the insurer or an application made to the Insurance Arbitration Commission.

How is the amount of non-pecuniary damages determined?

The judge decides at their discretion, taking into account the seriousness of the event, the parties’ fault and financial situation, and the degree of suffering. Non-pecuniary damages are intended to ease the suffering, not to enrich the claimant.

How is the degree of disability determined?

The degree of permanent disability is established by a report of an authorised medical board or the Forensic Medicine Institute on the basis of the relevant regulation.

How long does a compensation case take?

Because of expert examinations and appeals, most files take more than a year. Reaching an agreement with the insurer before the lawsuit can shorten the process considerably.

Responsible attorney: Kaan Kaplan

This page has been prepared for general information purposes and does not constitute legal advice. Last updated: 6 November 2026.