Practice Area 08

Compensation Law

A complete assessment and calculation of the loss suffered is the foundation of any compensation claim. We follow the process as a whole, from the insurance application to the conclusion of the case.

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Frequently asked questions

Common questions about Compensation Law

Is it mandatory to apply to the insurance company after a traffic accident?

For claims covered by compulsory motor third-party liability insurance, a written application must be made to the insurer before filing a lawsuit or resorting to arbitration (Article 97 of the Highway Traffic Law, KTK). If the application is rejected or not answered in time, the claimant may proceed to court or arbitration.

What is the limitation period for a compensation claim?

Compensation claims arising from tort are time-barred two years from the date on which the damage and the person liable became known and, in any event, ten years from the date of the act. If the act also constitutes a criminal offence and the criminal limitation period is longer, that period applies (Article 72 of the Code of Obligations, TBK).

How is the amount of non-pecuniary damages determined?

Non-pecuniary damages are determined by the judge in accordance with equity, taking into account criteria such as the circumstances of the incident, the degree of fault, the social and economic situation of the parties and the intensity of the pain and suffering endured.

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