Turkey Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Turkey? – How Long Do I Have To Claim Compensation?
In this guide, we look at time limits for making a personal injury claim in Turkey. Turkey is a very popular holiday destination for UK holidaymakers and last year (2018) 2.3 million British people visited this country which sits on the edge of Europe, for holidays or for business trips. According to the Foreign and Commonwealth Office, most of these visits will be trouble free. However, for a minority of tourists, their holiday will either be spoiled or cut short due to an accident, illness or an injury.
If you are someone who was injured whilst on holiday in Turkey, find out how long you have to claim compensation in this guide.
Select A Section
- A Guide To Statute Of Limitations For Personal Injury Cases In Turkey
- Limitation Periods To Claim For An Accident On Holiday In Turkey
- What Is An Accident On Holiday In Turkey?
- How Do You Make A Personal Injury Claim In Turkey?
- Liability And Enforcement In Turkish Law
- How Does Turkish Law Estimate Damages?
- How Do The Turkish And UK Claims Processes Differ?
- Turkey Holiday Accident Claim Personal Injury Calculator
- I Had An Accident On Holiday In Turkey, What Can I Claim Compensation For?
- No Win No Fee Turkish Holiday Accident Claims
- How Could A Holiday Accident Claims Solicitor Help You?
- Contacting Our Expert Team
- Turkish Holiday Accident Claims Advice
In this guide we look at time limits for personal injury claims in Turkey and answer questions such as ‘is there a time limit to making a claim?’ and ‘how long do you have to make a claim for an accident on holiday?’. The amount of time you have in which to make a claim for an accident or injury which happened outside of the UK can vary substantially.
Depending on the circumstances of the accident and the party liable, your claim could need to be brought in the UK or abroad. You should be aware that time limits can often be very different outside of the UK and that you may not have as long to do so as under UK law.
If you are claiming compensation for an accident which happened outside of the UK, such as claiming compensation for an illness in Turkey, you need to be aware of potential differences in available litigation periods before a claim is time-barred. We recommend that people contact a personal injury solicitor as early as possible after an accident (whether in the UK or overseas) to ensure that you have enough time in which to pursue your case.
Depending on where your accident or injury happened, the circumstances around how it happened and the liable party, different time limits for personal injury claims in Turkey may apply. For your reference, we have included time limits for litigation in Turkey and the UK in the table below.
|Circumstances or party liable for your accident in Turkey.||Personal injury claims time limit|
|Turkish package holiday claims where a company based in the UK operated your holiday and where they were liable for your injury or illness.||3 year limitation period. May very|
|Personal injury claims for illness or injury which was not on a package holiday.||2 year limitation period. May very|
|Personal injury claims for injury or illness on a flight which was not booked through a package holiday provider. Flying to an airport in Turkey.||2 year limitation period. May very|
|Personal injury claims time limit for accident abroad in Turkey which is made under Turkish law.||2 year limitation period. Claim can not be made more than 10 years after the event. Pursuant to the New Code of Obligation of Turkey, 2011. Article 72. May very please get advice from a lawyer.|
When you are claiming compensation for injuries in Turkey or anywhere else abroad you should be aware that limitation periods can be variable. To ensure that you begin your claim within the relevant time limit, we always recommend that you do so as early as possible. For an up to date assessment of whether you are within the statute of limitation for personal injury cases in Turkey, please contact a specialist solicitor.
In the context of this guide, an accident on holiday in Turkey is an accident which was caused by someone else and which happened whilst you were in Turkey. There are many different possible ways in which you could be injured or become sick due to the actions of another person or agency, such as a package holiday company, your hotel or your airline. Some of the most common of these could include;
- Food-related illnesses. Food poisoning and allergic reactions to foods or drinks are some of the most common ways in which people could be harmed whilst on holiday. There are various ways in which you could (through no fault of your own) end up eating foods which you are allergic to either on a flight or at your hotel.
- Injuries caused by tripping or falling over. You could suffer injuries as diverse as sprains and strains or breaks and fractures if you slip over at your hotel, or whilst on or boarding a plane. If this has happened to you, we could be able to help you.
There are numerous other ways in which people can be injured on holiday and be eligible to claim compensation. To find out more, please see our guide to Turkish holiday accident claim (link at the bottom of this page).
If you have been injured on holiday in Turkey, such as in a road traffic accident or through holiday food poisoning, you may wonder how you can make a compensation claim. People sometimes ask whether they can even use a solicitor based in the UK, or whether they need to use a law firm in the country their accident happened in.
In many cases, people are able to claim compensation for their injury or illness from a company (such as an airline or a package holiday company) which is based in the UK. Even in instances where your claim may be needed to be brought in Turkey, you do not necessarily need to use a Turkish solicitor, but rather a UK based solicitor who has the experience or knowledge of how to help you make this type of claim. The best way to make a claim is to contact a solicitor as soon as you return to the UK.
If you are making a personal injury claim under Turkish law, you may need to be aware of how the liability of the defendant is determined under this system. Litigation in Turkey for personal injury claims is set out in tort law and under the Turkish Obligation Code. In order for a defendant to be liable, they must meet four conditions. These are that; there are acts against the law, that damage was caused, that there was a causal relationship between the action and the damage caused and that negligence has taken place.
Damages are the key factor in determining compensation under Turkish law. Damages may be either material or they may be immaterial. If a claim goes to court in Turkey, the judge will appoint an expert to help determine how much compensation should be awarded. In the case of a road traffic accident which results in an injury such as whiplash, the accident report will help to determine levels of negligence and how much compensation should be awarded. Under Turkish law, compensation will be decided in two stages. Firstly, it needs to be proven that the accident and injury took place. As the claimant, your personal injury lawyer or solicitor will need to show that you were injured as described.
The judge will then determine how much compensation you could be awarded. They will take account of things such as the circumstances of the accident as well as the culpability of the defendant in the case. The New Turkish Obligation Code also places a priority on the claimant rather than also accounting for the financial situation of the defendant. As such, even if you need to claim compensation under Turkish law, you could be able to claim for disabilities, medical expenses or some other costs.
For more information on how damages are calculated in a Turkish holiday accident compensation claim, talk to a specialist solicitor.
Turkey holiday accident compensation claims made under UK and Turkish law can differ in a number of ways. The most prominent of these could be the difference in time limits for personal injury claims in Turkey made under the two systems.
As we see, both could have a time limit of 2 – 3 years from the date of the accident or injury taking place. However, under Turkish law, there is a further upper limit of ten years. Meaning that if you were not aware that an event on holiday caused an injury or illness which did not present until after this ten year period, if your claim is being made under Turkish law, you may not be able to make a claim. If you are making a similar claim but in the UK, for a Turkey package holiday claim, for example, you could find that you are still able to make a successful claim.
To ensure that you are within the statute of limitation for personal injury cases in Turkey, talk to an experienced solicitor today.
If you are able to make a successful compensation claim in Turkey for your holiday accident, injury, or illness how much your claim will be awarded in damages will depend upon several criteria. These can include,
- How serious your illness or injury was. For example, a serious back injury is likely to be awarded more in compensation than for a mild allergic reaction to foods or drinks.
- The settlement will also take into account how your life has overall been affected by the injury or illness. Was it a life-threatening or life-altering injury? This could be awarded more.
How have you been financially impacted by the injury? We will look more at this in the subsequent section.
In the following personal injury claims calculator, we look at examples of what you may be able to claim compensation for injuries in Turkey for. Please note that these figures are correct at the time of writing. For the most accurate assessment of what your personal injury case in Turkey could be eligible for, talk to a personal injury solicitor.
|Injury or injuries||How serious was the injury?||Details of the injury||Compensation settlement band|
|Mental anguish||Fear of death or the reduction of your lifespan.||Fear of impending death or the reduction in your life.||£4,100|
|Minor brain injury/ minor head injury||Minor||In such cases, there will be minimal damage or injury to the brain.||£1,940 to £11,200|
|Psychiatric injuries||Less severe - severe||The compensation awarded takes into account a variety of different factors.||£1,350 - £101,740|
|PTSD - Post Traumatic Stress Disorder||Less severe - severe||Cases of a reactive disorder caused by a traumatic event.||£3,460 - £88,270|
|Tinnitus and/ or partial hearing loss||Slight - severe||Tinnitus and noise induced hearing loss.||£6,450 - £39,940|
|Illness from a non-traumatic injury - food related illnesses||Serious (but short lived)||Cases, such as those of holiday food poisoning, which diminish within two weeks to four weeks.||£8,360 - £16,830|
|Hernia||(A)||This will involve continuing pain or symptoms which limit you carrying out physical activities such as a sport.||£13,080 - £21,190|
|Back injuries||Minor - severe||Involving a very wide range of injuries which could affect the back in some way.||£2,150 - £141,150|
|Shoulder injuries||Minor - severe||There are many different injuries which could happen to, or which could affect the shoulders. May also affect the neck.||£2,150 - £42,110|
|Clavicle fractures||Single level||Fractures and breaks to or of the clavicle.||£4,520 - £10,730|
|Injuries to the hips/ the pelvis||Minor - severe||At the most serious level of injury, they could be as devastating as the amputation of a leg.||From up to £3,460 - £114,810|
|Skin conditions - dermatitis||A - C||In most cases the skin affected would be on the hands or the scalp.||£1,500 - £16,830|
|Scarring to the body (not face)||Differing||Cases where there is a single scar which is superficial and which affects the hands, arms or legs.||£2,080 to £6,870|
|Facial scars/ scarring||Less significant||Either a number of smaller scars or a single larger one which could be covered up. Psychological effects are smaller.||£3,460 to £12,050|
|Jaw fractures||Serious fracture||Serious fractures which leave you with permanent consequences.||£15,750 to £26,730|
If you have suffered an injury such as whiplash, contact us today to see what you could be eligible to claim.
Service providers from hotels to airlines, cruise lines, excursion operators or package holiday companies large and small, owe those using their services a duty of care. For many people injured on a Turkish holiday, the defendant in their case will be a package holiday company based in and operating from the UK. As such, examples of what you could be able to claim may include;
- Out of pocket medical expenses and costs. You may have had to meet immediate medical costs at a GP surgery or even a hospital. Such costs could be recovered as part of your claim.
- Future healthcare support or care. This could include ongoing treatment or care you need when at home.
- Travel expenses. These could include the costs of getting to and from your medical treatment, or it could even include the emergency repatriation of you back to the UK.
- Losses of income, which you lose because you have to take time off work due to your accident or injuries.
You can talk to our specialists today for an assessment of what you could be eligible to claim through our personal injury claims calculator.
If you were injured or became ill whilst on holiday abroad and you were not at fault, you may be eligible to claim damages and compensation for said injury or illness. At Legal Expert, we can often help people under what are called no win no fee agreements. Under such an agreement, you could be able to claim compensation for a Turkey package holiday injury without the need to pay any immediate costs when you begin your claim. With this type of agreement in place, you will not need to pay any costs until your case has ended and you have been paid compensation. The major benefits of this type of agreement for you as the person making a claim include;
- A financially risk-free way to make a claim.
- No solicitors fees to pay if you are not awarded compensation.
- Only needing to pay a ‘success fee’ to the solicitor if you are awarded compensatory damages.
Our team of experts have helped people to claim compensation after being injured or becoming ill in a variety of different circumstances when abroad and across multiple countries. In many cases, we could also help you to claim compensation.
We could help you through various stages of the claims process. We may be able to help you with collecting evidence, such as statements from any witnesses or with getting copies of any medical reports. We could also take steps such as organising further medical assessments in the UK with one of our panel of medical experts to ensure we understand how you were injured. We could also assess and estimate how much compensation you may be able to claim and recommend what steps you need to take.
To see how we could help you, contact our team using the details set out below.
When you are ready to start your claim, or if you just need a bit more information before you are ready to do so, there are several ways in which you can get in contact with our team. You can contact us by email, phone, and contact form.
Phone: 0800 073 8804. This line is open seven days a week.
Live chat: you can use the live chat option on this page which is also open seven days a week.
Email: you could also email us the details of your case, requesting a callback. Send emails to Office@LegalExpert.co.uk.
To start your Turkey holiday accident compensation claim, talk to a specialist solicitor today.
Below you can find additional resources and advice to help you understand your legal options if you wish to make a compensation claim in Turkey. We have included resources from our own site, as well as how to get help from the British Embassy in Ankara (Turkey).
British Embassy Ankara
Şehit Ersan Caddesi 46/A
Telephone: +90 312 455 33 44
Turkish Holiday Accident Claims
In this guide, you can find out how to make a Turkey package holiday claim or other forms of holiday in this country.
Turkey Hotel Accident Claims
In this guide, you can find out how you could start a personal injury case in Turkey for an accident at a hotel in Turkey.
Package Holiday Compensation Claims
In this guide, we look at how and when you could make a claim for an accident abroad on a package holiday booked through a UK based company.