The Concept and Types of Loss

A compensation calculation can be built by first identifying correctly the loss being asserted. Financial loss, bodily injury, and non-pecuniary loss differ. Evidence of an existing loss also differs from evidence of an alleged future loss.

Separating Loss into Heads

Under Articles 50 et seq. of the Turkish Code of Obligations, the position before the event is compared with its consequences. Repair costs, diminution in value, inability to work, and lost earnings must be calculated separately. The same loss must not be claimed twice under different names. In a commercial file, reduced total sales do not directly establish net loss of the same amount; relevant expenses and other factors must be separated.

Existing and Future Loss

Assumptions used for outcomes not yet certain require a legal and technical basis. In a health-related file, the condition established by medical reports differs from actuarial assumptions. Changes in events or income may require an updated report. Measures to mitigate loss and earlier payments must also be linked to the relevant heads.

Mapping the Claim

Each loss must identify its connection to the event, documents, calculation method, and liable person. Non-pecuniary compensation is not prepared as a fixed percentage of pecuniary loss. We match the loss list to legal grounds and assess in writing directly proved losses, items requiring further examination, and calculation assumptions needing explanation. Every alleged loss need not use the same calculation period.

Documents That May Be Prepared for the Initial Review

• An itemised loss schedule
• Records of the position before the event
• Invoices, income records, and technical reports
• Payments made

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.