Permanent incapacity harm and compensation in Turkish law of obligations

Permanent incapacity harm is evaluated within the scope of pecuniary damage as personal property harm. The determination of the scope and nature of the loss of labor, which is legally regulated as Losses due to the Continuous Decrease of Labor, is left to the doctrine and practice according to the Article 54 titled Bodily Harmed of Turkish Law of Obligations. In order to achieve a fair balance between the injured and the harmed, the scope of the compensation for the harm should be determined clearly. It is important to determine the income status of the injured person, the remaining working and life time as of the date of the harming event, and the rate of labor loss in accordance with current legislation and judicial decisions. After the determination of the elements related to the harm, the calculation methods determined by the judicial decisions will be applied and the results of the compensation will be determined by determining the reasons for the reduction and the benefits to be compensated in the context of the concrete case.