NEWSLETTER-2019-metin

224 NEWSLETTER 2019 crease, or loss of capacity to work, and losses that will occur due to future economic difficulties. Pursuant to Article 50 of the TCO, the burden of proving the presence of damages and the fault suffered is on the aggrieved party. However, proof of these elements may not always be possible by the aggrieved party; therefore, in the trial process, the ratio of damages and defects may be determined through experts who have been ap- pointed by the court. Another institution that the courts use in dam- ages determination is the Council of Forensic Medicine (“CFM”). The determinations are carried out by various methods that have been established through the precedents of the Court of Cassation. As a result of an accident, death may occur, as well as severe in- juries and, as a result of these severe injuries, permanent disability and loss of capacity to work may occur. In the case of death and physical damages, in accordance with the precedents of the Court of Cassa- tion, experts and the CFM generally use the PMF 1931 life table and, exceptionally, the TRH 2010 life table in actuarial calculations. In the case of calculations made in the event of death, compensation is calcu- lated based on the possible life expectancy of the deceased, the income that likely would have been earned during this lifetime, the possible lifetime expectancies of the persons who are deprived of support -they may be spouses and/or children- and the income they will be deprived of, the likelihood of the remaining spouse remarrying, etc. and, ad- ditionally, the funeral expenses. In the case of a permanent disability, compensation is calculated based on the possible life of the casualty, the possible income that would have been earned if the accident had not occurred, disability ratio, the loss due to temporary incapacity of work, the permanent loss of capacity to work, and any treatment costs. Limitations Claims for damages resulting from personal injury must be re- quested within two years starting from the date on which the injured party has learned the damage and the responsible for such tort, and in any case within ten years from the date of incident. Otherwise, all claims for compensation arising from the actual incident shall become statute barred.