Statute of Limitations Related to Personal Injury Cases in Turkey
Under Turkish Law, compensation claims for personal injury and tort cases must be filed within a specific statute of limitations period. The New Turkish Code of Obligations (Law No. 6098, Article 72) regulates the prescription period for tortious acts, while the Turkish Criminal Code (Article 66) applies if the wrongful act also constitutes a criminal offense.
1. General Statute of Limitations for Tort Claims in Turkey
- The standard limitation period for personal injury claims is 2 years from the date the injured party learns of the damage and the responsible party.
- However, the claim must be filed within 10 years from the date the wrongful act occurred, regardless of when the damage was discovered.
2. Extended Statute of Limitations for Personal Injury Related to Criminal Offenses
If the wrongful act is also considered a criminal offense, the statute of limitations from the Turkish Criminal Code (Article 66) will apply if it is longer than the civil limitation period.
For example:
- If a person dies due to negligence (e.g., a falling brick from a building), this case involves both civil and criminal liability.
- The criminal statute of limitations for negligent homicide is 15 years under Article 66 of the Turkish Criminal Code.
- As a result, the injured party can file a lawsuit within 15 years instead of 2 years.
Turkish Criminal Code Article 66 – Statute of Limitations for Criminal Offenses
| Type of Crime | Statute of Limitations |
|---|---|
| Crimes requiring aggravated life imprisonment | 30 years |
| Crimes requiring life imprisonment | 25 years |
| Crimes with a minimum penalty of 20 years imprisonment | 20 years |
| Crimes with a sentence of 5–20 years imprisonment | 15 years |
| Crimes with a sentence of up to 5 years imprisonment | 8 years |
If the criminal statute of limitations is longer than the civil statute of limitations, the longer period will apply to civil compensation claims.
3. Key Legal Considerations in Personal Injury Cases in Turkey
- If the wrongful act is NOT a criminal offense, the 2-year limitation applies.
- If the wrongful act is ALSO a criminal offense, the criminal statute of limitations applies (if longer than 2 years).
- If a criminal case is ongoing, the civil case can proceed until the expiration of the criminal limitation period.
4. Conclusion: When to File a Personal Injury Claim in Turkey
✔ Standard limitation period: 2 years from the discovery of damage, but no later than 10 years from the incident.
✔ If the act is a crime, the criminal statute of limitations applies, which can extend up to 30 years for serious offenses.
✔ Personal injury claims related to criminal acts should be filed as soon as possible to avoid complications.
If you have suffered personal injury in Turkey due to negligence or a criminal act, it is recommended to consult a personal injury lawyer to determine the applicable statute of limitations for your case.