What Does Tort Law Take as a Basis for Determining the Amount of Non-Pecuniary Damages?
How Does Tort Law Calculate Pecuniary Damages?
When determining the amount of non-pecuniary damages, Tort Law takes into account the severity of the incident, the psychological impact on the victim, and the nature of the illegality. Although non-pecuniary damages do not have a monetary value, they aim to compensate for the negative impacts on a person's quality of life. Courts examine the direct effects of the incident in determining non-pecuniary damages; the level of pain, anguish, sorrow, and psychological distress experienced by the person is measured. In this assessment, the circumstances under which the incident occurred, the fault percentages of the parties, and factors related to the damage suffered are taken into consideration. For example, if serious injury occurred as a result of a traffic accident, the amount of non-pecuniary damages would be higher. For detailed information about Tort Law, you can visit the web address https://www.latifcembaran.com/tazminat-hukuku-avukati.
How Does Tort Law Regulate Compensation Claims After Dismissal?
In cases of pecuniary damages, Tort Law focuses on the direct calculation of the financial loss incurred by the person. Pecuniary loss manifests as a decrease in the movable or immovable assets owned by the injured party or a loss of income. Documents, invoices, bank records, and expert reports are used as primary evidence in the calculation process. When determining pecuniary damages, the court investigates whether there is a direct causal link between the damage and the act. Tort Law focuses on compensating for the loss of rights of the employee in compensation claims after dismissal. If the employer terminates the employment contract for an unfair or invalid reason, the employee can file a tort law lawsuit for severance pay, notice pay, and other receivables. The court examines the validity of the reason for termination and whether the employee is justified. In the calculation of compensation after dismissal, the employee's length of service, wages, and rights specified in the contract are taken into account. If the employer has violated the employee's rights, the employee can claim wages for the idle period and compensation for non-reinstatement. The court also ensures the employee's protection under job security.
