The most critical item in personal injury files is loss of income (decrease in earnings). This item, calculated based on an actuary or expert report, reaches significant amounts in case of permanent incapacity.
Account Components
- Temporary disability: Loss of income during the treatment period.
- Permanent disability: Loss of income for the remaining working life according to the disability rate.
- Carer expense: In case of need for assistance.
- Treatment expenses: Hospital, medicine, physical therapy, prosthesis.
Disability Rate
The permanent disability rate is determined by the forensic medicine report (for example, 25%). Calculation formula:
- Monthly net income × Disability rate = Monthly loss.
- Monthly loss × Working years coefficient (PMF) = Total permanent loss.
- PMF tables: age × average retirement age × discount rate.
Supreme Court HGK and 17th HD - Established Approach
HGK and the 17th HD adopt "real income" (not minimum wage) as the basis in the calculation of income loss, regular premiums/bonuses/side payments to be taken into account, and the TL equivalent of foreign currency/gold based income to be determined according to the event date.
Side Factors
- Seniority and title advancement expectations.
- Sectoral wage trend.
- Working hours by age and gender.
- "Academic income" account (minimum wage) for housewife/student.
Interest
- Legal interest from the date of the event.
- Default interest in traffic.
- Discussion of "case date" or "event date" for non-pecuniary damages.
Actuary Report vs Expert Report
- Actuary (insurer expert) calculation: fast but sometimes incomplete.
- Court expert: comprehensive, compatible with the file.
- Request for counter-expert/counter-report is critical for the defense.
Practical Tips
Personal damage calculation requires expertise. It should be carried out with Compensation law lawyer.