Compensation for loss of financial support (destekten yoksun kalma tazminatı) is a type of compensation claimed in order to make good the loss suffered by those who actually and regularly benefited from the financial support of a person who has died. The right to claim is granted not only to heirs, but to everyone who in fact received support from the deceased. In practice many entitled persons believe that they cannot claim this compensation because they are not heirs, and for that reason never bring a well-founded claim at all.
Key Takeaways
- The legal basis of the right to claim is Article 53 of the Turkish Code of Obligations No. 6098 (TBK m. 53).
- Although the spouse, children and parents are the classic entitled persons, a fiancé(e), a sibling or an unmarried cohabiting partner who can prove the support relationship may also bring a claim.
- There is no requirement to be an heir or a maintenance creditor; what is decisive is that support was actually and regularly received.
- The Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) accepts that the person deprived of support is an independent right holder, and that even the fault of the supporter does not entirely extinguish this compensation.
- The compensation is determined by actuarial calculation, taking into account the deceased’s income level, age and probable working life, as well as the period for which the entitled person would have needed the support.
Who Can Claim Compensation for Loss of Financial Support?
Under TBK m. 53, anyone who actually and regularly benefited from the deceased’s support may claim this compensation. The statute has not limited entitlement to heirship; it regards the actual existence of a support relationship as sufficient. This broad reading aims to protect the rights of persons outside the deceased’s immediate family as well.
Classic Entitled Persons: Spouse, Children, Parents
The spouse, the children and the parents are the entitled persons most frequently encountered in practice. These persons, too, must prove the support relationship with concrete evidence, that is, that the deceased regularly made a financial contribution to them.
Other Entitled Persons: Fiancé(e), Sibling, Persons Actually Cared For
A fiancé(e), a sibling, an unmarried cohabiting partner, or third parties whose care the deceased had in fact assumed may also claim compensation, to the extent that they can prove a regular and actual support relationship. Being an heir is not a requirement.
| Group of Entitled Persons | Burden of Proof |
|---|---|
| Spouse, children, parents | Showing the actual support relationship (generally accepted as a presumption) |
| Fiancé(e), sibling, cohabiting partner | Proof of an actual and regular support relationship by concrete evidence |
| Third parties actually cared for | Proof that the care relationship was of a continuing nature |
How Is Compensation for Loss of Financial Support Calculated?
The calculation considers together the estimated income the deceased would have earned had they remained alive, the probable working life, the share of support that would have been set aside for the entitled persons after deduction of the deceased’s own subsistence share, and the period for which the entitled person would have needed the support. This calculation is made by applying actuarial science, drawing on the statistical life tables published by TurkStat (TÜİK).
Elements of the Actuarial Calculation
The calculation takes into account data such as the deceased’s net income, age and probable working life, and the entitled person’s age and period of receiving support. For this reason the calculation is carried out by an actuarial expert witness (aktüerya bilirkişisi) appointed by the court.
Does the Fault of the Person Deprived of Support Affect the Compensation?
According to the decisions of the Assembly of Civil Chambers of the Court of Cassation, because the person deprived of support is an independent right holder, even the fact that the supporter (the deceased) caused the accident through their own entire fault does not entirely extinguish the entitled person’s claim for compensation; the particular features of the specific case are, however, separately assessed by the court.
Sample Calculation Scenario (Illustrative)
The following example is entirely hypothetical and illustrative in nature; it does not reflect any actual file. Let us assume that a 40-year-old employee who lost their life in a traffic accident regularly provided financial support to their spouse and two young children.
The Steps Followed by the Actuarial Expert Witness
The expert witness first determines the deceased’s net income, probable working life (up to retirement age), own subsistence share and the proportion of support set aside for the family. The expert then calculates the total compensation at present money value, taking into account how long the spouse and each of the children would have needed the support (generally the 18-25 age range for children, and statistical life expectancy for the spouse).
Comparative Scenario: If There Were a Single Entitled Person
In a scenario in which, on the same facts, only the spouse were entitled, the amount of compensation per person may differ, since the entire support share would be calculated over one person; the total support share, however, is determined according to the deceased’s income and subsistence share, independently of the number of entitled persons. This comparison shows that the number of entitled persons affects the distribution of the compensation, not the total liability.
| Stage | Explanation |
|---|---|
| 1. Determining the deceased’s income | Established through payslips, tax records or a comparable-wage inquiry |
| 2. Setting aside the subsistence share | The share the deceased would set aside for their own needs is deducted |
| 3. Determining the support share | How the remaining amount is distributed among the entitled persons is examined |
| 4. Calculating the support period | The age of majority is taken as the basis for children, and statistical life expectancy for the spouse |
| 5. Reduction to present value | The total future support is converted into its present value as at the date of the action |
Where and Against Whom Is the Action Brought?
An action for compensation for loss of financial support may be brought against the person who caused the death or, in cases such as a traffic accident, additionally against the liable insurance company. In actions brought against an insurance company, it is advisable first to make a written application to the company and to wait for a reasonable period; if the company rejects the claim, you may look at our article on what to do if the insurance company refuses to pay for the routes that may be followed.
Competent Court and Venue
Depending on the nature of the event, the action may be heard before the civil court of first instance (asliye hukuk mahkemesi) or, where it is brought against an insurance company, before the consumer court or the commercial court; the court with venue is generally the court of the place where the loss arose or of the defendant’s domicile.
What Is the Limitation Period?
For claims for loss of financial support based on tort (haksız fiil), the statute of limitations (zamanaşımı) is 2 years from the date on which the loss and the person liable became known, and in any event 10 years from the date of the event (TBK m. 72). If the event also constitutes a criminal offence, the longer limitation period laid down in the criminal statutes may apply.
The Importance of Tracking Time Limits
Because missing the limitation period may lead to the rejection of even a well-founded claim, it is advisable to use the limitation period and filing deadline calculation tool for an up-to-date calculation of the applicable period.
Can Compensation for Loss of Financial Support and Non-Pecuniary Damages Be Claimed Together?
Yes. Compensation for loss of financial support is an item of pecuniary loss, and non-pecuniary damages (manevi tazminat) may additionally be claimed for the grief and distress suffered by the relatives as a result of the death. The two claims may be raised within the same action, independently of one another.
Who Is Entitled to Non-Pecuniary Damages?
Non-pecuniary damages may be claimed by relatives of the deceased such as the spouse, children, parents and siblings, according to the closeness of the relationship; unlike the requirement of actual support in compensation for loss of financial support, this entitlement rests on the relationship of closeness.
Is the Position Different for Deaths Arising from Work Accidents and Occupational Diseases?
If the death occurred as a result of a work accident or an occupational disease, compensation for loss of financial support may also arise against the employer or, where applicable, against the Social Security Institution (Sosyal Güvenlik Kurumu, SGK). Income awarded by the SGK does not entirely extinguish the employer’s liability; whether such income is to be set off in the recourse and compensation calculation is assessed separately.
How Is the Employer’s Fault Determined?
In deaths arising from work accidents, whether the employer complied with its occupational health and safety obligations is the fundamental criterion in determining the degree of fault. In files of this kind, an expert examination by an occupational safety specialist is generally ordered. Whether a risk assessment was carried out at the workplace and whether the required training was provided are also separately assessed in that examination. For general information on a worker’s loss of rights in cases of injury resulting from a work accident, you may review our article on loss of rights after a work accident.
Can Compensation for Loss of Financial Support Be Paid in Instalments?
The court judgment may order the compensation to be paid as a lump sum (in advance) or as an annuity (irat) in instalments at fixed intervals. In practice, the parties may also agree on payment in the form of a monthly annuity until the child reaches the age of majority.
The Advantage of Awarding an Annuity
Payment in the form of an annuity may be preferable in that it provides a regular flow of income, particularly for young children; it is important, however, that an updating mechanism against inflation be separately requested in the statement of claim or at the enforcement stage.
Which Documents Should Be Gathered During the Proceedings?
Bringing together, before the action is filed, the death certificate, the certificate of inheritance (veraset ilamı, the document evidencing heirship), documents showing the deceased’s income position (payslips, tax certificate, commercial records), the accident report if any, and documents evidencing the support relationship such as bank transfer receipts will speed up the preparatory stage of the file.
Evidence Frequently Used to Prove the Support Relationship
Regular money transfer/EFT receipts, invoices showing the sharing of household expenses, witness statements and reports on social and economic circumstances are the types of evidence most frequently relied upon to prove the support relationship.
What Will the Opposing Party Do?
In an action for compensation for loss of financial support, the liable person or the insurance company on the opposing side also has its own defence strategy; being prepared for these defences determines which evidence the file needs to be strengthened with.
- “The claimant cannot prove that they received support, and is not even an heir.” This assertion is met by pointing out that heirship is not a requirement, and with evidence showing the actual support relationship, such as regular money transfer/EFT receipts and witness statements.
- “The deceased was at fault, so the compensation should be reduced.” This defence is met with the case law of the Assembly of Civil Chambers of the Court of Cassation holding that the person deprived of support is an independent right holder, and, where necessary, with a separate objection concerning the determination of fault.
- “The calculation method for the amount claimed is erroneous and the amount is excessive.” This objection is met with the actuarial expert witness’s calculation report based on the TÜİK life tables.
- “The SGK has already awarded income, so no separate claim can be made.” This assertion is met with the legislation and case law showing that SGK income does not entirely extinguish the employer’s liability.
Which defence comes to the fore varies according to the nature of the support relationship and the circumstances of the event; for this reason it is important that documents evidencing the support relationship be gathered before the action is filed. To assess in advance which defence your file is likely to meet, you may get in touch.
Frequently Asked Questions
Is it necessary to be an heir in order to claim compensation for loss of financial support?
No, heirship is not a requirement; what is decisive is that support was actually and regularly received from the deceased.
Can a fiancé(e) claim compensation for loss of financial support?
Yes, a fiancé(e) may also claim this compensation to the extent that they can prove an actual and regular support relationship.
Does the deceased’s own fault bar the compensation?
According to the case law of the Assembly of Civil Chambers of the Court of Cassation, even the entire fault of the supporter does not completely extinguish the entitled person’s independent claim for compensation; the specific case is, however, assessed by the court.
Who calculates the amount of compensation?
An actuarial expert witness appointed by the court makes the calculation according to the deceased’s income and the period for which the entitled person would have received support.
What is the time limit for bringing the action?
It is 2 years from the date on which the loss and the person liable became known, and in any event 10 years from the date of the event.
Can an action also be brought against the insurance company?
Yes, in cases such as a traffic accident an action may also be brought against the liable insurance company; it is advisable, however, to make a written application first.
From whom is compensation sought in the event of death resulting from a work accident?
If the employer is at fault, a claim may be made against the employer, and a separate claim may be made for the portion not covered by the SGK; the employer’s liability is not entirely extinguished by SGK income.
Is the compensation paid in instalments or as a lump sum?
The court judgment may order either a lump sum (advance) payment or an annuity (instalment) payment; the parties may reach agreement on this point.
What Should Be Done, in Conclusion?
Compensation for loss of financial support is an independent right granted, without any requirement of heirship, to everyone who in fact received support from the deceased. Clarifying which group of entitled persons your claim falls within and with which evidence you can prove the support relationship is the most important step to be taken at the outset of the process. Gathering in full the documents relating to the deceased’s income position, so that the actuarial calculation can be made correctly, allows the file to proceed on a sound footing. Your particular situation requires a separate assessment of your own file.
In cases of death arising from a traffic accident, you may look at the other claims within the scope of compensation law and, on the process of determining fault, at our article on objecting to the determination of fault, at the statutory interest calculation tool for calculating default interest, and, where damage to a vehicle is also in question, at the subject of diminished value compensation, which may be claimed in addition.
Is Mediation an Option in Compensation for Loss of Financial Support?
In actions for compensation for loss of financial support, mediation (arabuluculuk) is not a mandatory condition of the action; if they wish, however, the parties may resort to voluntary mediation before filing an action and seek agreement on the amount of compensation. This route may shorten the process, particularly in files where liability is undisputed and only the amount needs to be determined.
Settlement Negotiations with the Insurance Company
In practice, insurance companies may make a certain compensation offer even before an action is filed. Checking, through an independent assessment, whether that offer covers the actual loss based on the actuarial calculation is important in order to avoid a loss of rights. It should be kept in mind that offers made at an early stage may not cover all the items of loss in the file.
Can Foreign National Entitled Persons Claim Compensation?
A foreign national spouse, child or other entitled person who received support and was affected by an event occurring in Türkiye may also claim compensation for loss of financial support under Turkish law. In files containing a foreign element, the determination of the competent court and of the applicable law is assessed separately.
Entitled Persons Living Abroad
If the entitled person lives abroad, additional documents such as international money transfer records and documents certified by a consulate may be needed to prove the support relationship.
What Is the Difference Between Compensation for Loss of Financial Support and Funeral Expenses?
Funeral expenses are a separate item of loss covering the direct costs arising from the death (such as burial, religious ceremony and transport), and under TBK m. 53 they may be claimed independently of compensation for loss of financial support. The two claims may be raised together in the same statement of claim.
Who Can Claim Funeral Expenses?
The person who in fact bore the funeral expenses may claim reimbursement of that expense regardless of whether they are an heir; invoices and receipts showing that the expense was actually incurred are required as proof. Although this amount is generally relatively small, if it is not separately claimed in the statement of claim, adding it later may become difficult as a matter of procedural law.
Table of Time Limits
| Period | How long | Starting point |
|---|---|---|
| Limitation period (short) | 2 years | From the date the loss and the person liable became known |
| Limitation period (maximum) | 10 years | From the date of the event |
Sources
- Turkish Code of Obligations No. 6098, Articles 53 and 72 – mevzuat.gov.tr
- Highways Traffic Act No. 2918 – mevzuat.gov.tr
Related Articles
- Objecting to the Determination of Fault in a Traffic Accident: Report, Expert Witness, Litigation
- Diminished Value Compensation 2026: Application, Insurance Arbitration and Litigation
- If the Insurance Company Refuses to Pay: Arbitration or Court?
- Hidden Defects and Odometer Rollback Rights in Used Vehicles
- Reinstatement Action 2026: Conditions, Time Limits, Mediation
- In Which Cases Is Severance Pay Not Payable? (2026)
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file. This article was prepared on the basis of the legislation in force as at 17.09.2026.
Av. Mehmet İlker Dinç
Insurance Law, Compensation Law, Employment Law, Corporate Law, Corporate Advisory
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