Part of our Core Hub on Personal Injury Compensation in Türkiye: This guide covers injuries caused by an assault, in a bar, a club, a hotel or on the street, and the claims against the attacker and, where staff were involved, against the business that employs them. For the wider framework of bodily injury claims, medical costs and loss of earnings, see our main pillar: Personal Injury Compensation in Türkiye: Complete Claims Guide.
A compensation claim after an assault runs on the two-year and ten-year periods in TBK Article 72, unless a longer criminal limitation period applies. Run the date of the incident and the date you learned who was liable through the checker for a first orientation, then read section 8 for the rule itself.
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1. Two Separate Tracks: the Criminal Case and the Compensation Claim (TBK 74)
An assault in Türkiye can give rise to two different proceedings. The criminal case concerns whether the attacker committed an offence, such as intentional injury under Article 86 of the Turkish Criminal Code No. 5237 (Türk Ceza Kanunu, TCK); it is run by the public prosecutor and the criminal court. The compensation claim concerns the money owed for the harm; it rests on the TBK and is brought by the injured person before a civil court.
The link between the two is set by Article 74 TBK. When deciding whether the person who caused the damage was at fault and whether they had capacity of discernment (ayırt etme gücü), the judge is not bound by the provisions of criminal law on liability, and is not bound by an acquittal given by the criminal judge either. Under Article 74/2, the criminal judge's decision on the assessment of fault and on the determination of damage does not bind the civil judge either.
For a victim, this means that an acquittal in the criminal case does not by itself close the compensation claim, and that a criminal judgment's view of how serious the injury was, or of how far each person was to blame, does not settle those questions for the civil court. The two proceedings are assessed separately. Evidence gathered in one, such as a forensic medical report or witness statements, may also be relevant in the other.
There is one rule in criminal procedure that cuts across this independence: if the victim reaches a reconciliation (uzlaşma) with the suspect in the criminal process, a later compensation lawsuit for that offence is barred, subject to two exceptions. Section 7 sets out the rule word for word. Read it before agreeing to anything.
2. Claiming Against the Attacker: Fault, Unlawfulness and the Burden of Proof (TBK 49-51)
The basic rule. Under Article 49/1, a person who causes damage to another by a faulty and unlawful act is obliged to make it good. A punch, a kick or a push that injures someone is an act causing bodily harm; whether fault and unlawfulness are established in a given case is for the court to decide on the evidence.
The burden of proof. Under Article 50/1, the injured person must prove the damage and the fault of the person who caused it. Where the amount of the damage cannot be fully proved, Article 50/2 lets the judge determine it equitably, taking into account the ordinary course of events and the measures the injured person took. In an assault case, the evidence that may carry this burden includes the emergency department record and later medical reports, photographs of the injuries taken over the following days, the names of witnesses, camera footage from the venue or the street, messages exchanged before or after the incident, and the documents in the criminal investigation file, of which a victim may request copies (section 7).
The extent of compensation. Under Article 51/1, the judge determines the extent and the manner of payment of compensation by considering the circumstances and, in particular, the degree of fault. If compensation is awarded as a periodic payment (an annuity), the debtor must provide security.
Who the claim is against. The first defendant is the attacker personally. A foreign victim may not know the attacker's name; the identity may become known through the police report or the investigation file. Where the attacker was working at the time, for example as door or security staff, the employer may also be liable on a separate ground (section 4).
3. Several Attackers: Joint and Several Liability (TBK 61, 62, 163)
Assaults in nightlife settings can involve more than one person. Article 61 provides that where several persons together cause a damage, or where they are liable for the same damage on different grounds, the rules on joint and several liability (müteselsil sorumluluk) apply to them.
What joint and several liability means for the injured person is stated in Article 163/1: the creditor may demand performance of the whole debt or of part of it, at their choice, from all of the debtors or from one of them alone. Under Article 163/2, the debtors remain liable until the whole debt has been paid. A victim of a group attack therefore does not have to work out in advance which blow caused which injury before addressing the claim to a member of the group; the court still has to find each defendant liable under the conditions of the Code.
How the compensation is then shared among those liable is a separate matter between them. Under Article 62, the sharing takes into account all the circumstances, in particular the gravity of the fault attributable to each of them and the intensity of the danger they created; a person who has paid more than their own share has a right of recourse against the others for the excess and is subrogated to the rights of the injured person.
The second limb of Article 61, liability for the same damage on different grounds, can be relevant where a staff member struck the blow and the business employing them is liable under Article 66. Whether two defendants are liable for the same damage in this sense is for the court to assess on the facts.
4. When Staff Were Involved: the Business as Employer (TBK 66)
Bars, clubs, hotels and event venues employ door attendants, security staff, waiters and managers. Where one of them injured the guest, Article 66 TBK may make the employer liable alongside the employee.
The rule. Under Article 66/1, a person who employs others is obliged to make good the damage that an employee causes to others while carrying out the work assigned to them. Checking guests at the door, refusing entry, removing a guest from the premises or separating people in a fight are tasks a venue may give to its staff. Whether a particular blow was struck while carrying out the assigned work is a question the court assesses on the evidence.
The employer's defence. Under Article 66/2, the employer is not liable if it proves that it took the care required to prevent the damage when selecting the employee, giving instructions about the work, and supervising and controlling the employee. The burden of proving that care lies on the employer.
The stricter rule for enterprises. Under Article 66/3, a person who employs others in an enterprise is obliged to make good the damage caused by the activities of that enterprise, unless it proves that the enterprise's working organisation was suitable to prevent the damage from occurring. For a club or a hotel, the way door control, crowd management and the handling of disputes are organised may become the subject of this proof. Whether the damage was caused by the enterprise's activities, and whether the organisation was suitable, are questions for the court.
Recourse. Under Article 66/4, an employer that has paid compensation has a right of recourse against the employee who caused the damage, but only to the extent that the employee is personally liable. That concerns the relationship between the employer and the employee.
Who the employer is. Security at a venue may be provided by the venue's own staff or by a separate company. The claim under Article 66 is directed at the person who employs the staff member, so establishing who that is belongs among the first steps. Information may come from the venue, from the investigation file or from witness statements.
Where no staff member was involved. If the attacker was another guest, Article 66 does not apply through an employee's act. Whether the venue answers for the injury at all then depends on whether the damage can be traced to its own faulty and unlawful conduct (Article 49) or to the activities of the enterprise (Article 66/3), which the court assesses on the facts. Injuries in hotels, resorts and on excursions that are not caused by an assault are covered in our guide to hotel, resort and excursion accident claims.
5. What Can Be Claimed: Bodily Damage, Interest and Moral Damages (TBK 54-56)
Article 54 lists the heads of bodily damage. They are, in particular:
- Treatment costs: emergency care, surgery, dental work, medication, physiotherapy and related expenses.
- Loss of earnings: the income lost during the period of incapacity.
- Losses arising from the reduction or loss of working capacity, where the injury leaves a lasting impairment.
- Losses arising from the impairment of economic future.
How the amount is calculated. Under Article 55/1, bodily damage is calculated according to the provisions of the Code and the principles of liability law. Social security payments that cannot be recovered by recourse, in whole or in part, and payments that are not made for the purpose of performance cannot be taken into account in determining such damage and cannot be deducted from the damage or the compensation. The calculated compensation cannot be increased or reduced on equitable grounds by reference to its amount.
Interest after the 2026 amendment. Law No. 7589 of 16 July 2026 added two paragraphs to Article 55. For losses arising from the reduction or loss of working capacity, statutory interest runs on the compensation calculated for the period in which the injured person's earnings are known from the date of the tort, and on the compensation calculated for the period in which earnings cannot be known from the date of the judgment. Our statutory interest calculator can give a first orientation on the interest component.
Payments made before the evidence stage. The second new paragraph provides that, for compensation for those losses, a sum paid for the purpose of performance before the taking of evidence (tahkikat) begins is deducted proportionally from the compensation determined as at the date of payment. If the attacker or a venue pays something early, keep a record of the date and the amount, because both matter for this calculation.
Moral damages. An assault is not only a matter of bills. Under Article 56/1, where bodily integrity is harmed, the judge may, taking into account the particular circumstances of the event, award an appropriate sum of money to the injured person as compensation for non-pecuniary damage (manevi tazminat). Under Article 56/2, in the case of serious bodily harm or death, the relatives of the injured person may also be awarded such compensation. Claims by family members after a fatal attack are discussed in our guide to loss of support compensation.
6. When the Attacker Blames the Victim (TBK 52)
Assault cases can turn into a dispute about who started it. The attacker may argue that the victim provoked the incident, joined the fight or made the injury worse by refusing treatment.
Article 52/1 is the provision for such arguments. If the injured person consented to the harmful act, contributed to the occurrence or increase of the damage, or worsened the position of the person liable, the judge may reduce the compensation or remove it entirely. The wording is permissive: the judge decides on the evidence whether the victim's own conduct played a part and, if so, whether and how far to reduce. An allegation by the attacker is not the same as a finding by the court, and the same evidence described in section 2, such as camera footage and independent witnesses, bears on this question too.
7. The Criminal Side in Brief: Complaint, Victim Rights and Reconciliation (TCK 86, CMK 234-238, 253)
This guide is about compensation, but the criminal process affects the claim in several ways, so a short outline is useful.
The offence. Under Article 86/1 TCK, a person who intentionally causes bodily pain to another or causes the impairment of their health or of their capacity of perception commits intentional injury. Under Article 86/2, where the effect of the injury on the person is slight enough to be remedied by a simple medical intervention, the offence is punished on the victim's complaint (şikâyet). Article 86/3 lists aggravated forms, among them injury committed with a weapon (86/3-e), which are prosecuted without a complaint being required.
Reporting. Under Article 158/1 of the Code of Criminal Procedure No. 5271 (Ceza Muhakemesi Kanunu, CMK), a report or complaint about an offence can be made to the Chief Public Prosecutor's Office or to the law-enforcement authorities; under Article 158/5, it can be made in writing or orally, to be recorded in minutes. Under Article 324/5, the costs of an interpreter appointed for a victim who does not speak Turkish are not counted as costs of the proceedings and are borne by the Treasury.
Victim rights in the investigation. Under Article 234/1-a CMK, the victim and the complainant may, among other things, ask for evidence to be collected, ask the prosecutor for copies of documents provided this does not endanger the secrecy and purpose of the investigation, have the documents and seized items examined through their lawyer in accordance with Article 153, and object to a decision not to prosecute. Under Article 173/1, that objection is made within two weeks of notification of the decision to the criminal judgeship of peace (sulh ceza hâkimliği). Under Article 234/3, these rights are explained to the victim and the complainant and recorded in the minutes.
Joining the case. Under Article 237/1, the victim may join the public prosecution (katılma) at every stage of the prosecution before the court of first instance until judgment is given, by stating that they are a complainant; under Article 238/1, this is done after the public prosecution has been brought, by a petition to the court or by an oral application recorded in the hearing minutes. Under Article 234/1-b, a victim who has joined the case may use the legal remedies against the judgment. Joining is a step in the criminal case; the compensation claim described in this guide is a separate civil claim.
Reconciliation. Under Article 253/1-b-1 CMK, intentional injury under Article 86 TCK (except its third paragraph) and under Article 88 TCK is among the offences for which reconciliation between the suspect and the victim is attempted, whether or not the offence depends on a complaint. A reconciler appointed by the reconciliation bureau makes the offer, and under Article 253/5 the person is told the nature of reconciliation and the legal consequences of accepting or refusing it. Under Article 253/6, if the victim cannot be reached, for example because they are abroad or not at the address in the file, the investigation is concluded without reconciliation. Under Article 253/19, if the suspect performs the agreed act at once, a decision not to prosecute is given; if performance is deferred, set in instalments or continuous, the bringing of the public prosecution is postponed.
The warning that matters for compensation. Article 253/19 CMK also provides: if reconciliation is achieved, no compensation lawsuit may be brought for the offence under investigation, except for damage that could not be identified at the moment of reconciliation or that arises after reconciliation; a lawsuit already brought is deemed to have been waived. A victim who accepts a reconciliation therefore gives up the compensation lawsuit for that offence, apart from those two categories of damage. Before accepting, it helps to know the medical position at that moment, what the agreed payment or act is meant to cover, and what further treatment may follow. Under the same paragraph, if the suspect does not perform, the reconciliation report or document counts as a document having the nature of a judgment under Article 38 of the Enforcement and Bankruptcy Law No. 2004.
8. Time Limits and an Injury That Changes Later (TBK 72, 75)
Limitation. Under Article 72/1, a claim for compensation becomes time-barred (zamanaşımına uğrar) on the expiry of two years from the date on which the injured person learned of the damage and of the person liable, and in any event ten years from the date of the act. If the compensation arises from an act that is punishable and for which the criminal laws provide a longer limitation period, that longer period applies. Because an assault is a punishable act, the criminal limitation period can matter here; how long it is in a given case depends on the offence the court finds, so the safe course is to diary the two-year period from the moment the attacker or the liable employer is known.
A reserved judgment. Head injuries, fractures around the eye or damage to teeth and joints can develop over months. Under Article 75, if the extent of the bodily damage cannot be fully determined when the judgment is given, the judge may reserve the right to amend the judgment on compensation within two years from the date it becomes final. A claimant whose condition is still developing can ask the court to consider this reservation.
Claiming from abroad. A visitor who has returned home can have the claim handled by a lawyer in Türkiye under a written power of attorney signed before a Turkish consulate, or before a notary abroad with an apostille. Medical records from treatment in the home country can support the claim for later treatment costs and lost earnings; translations may be needed.
9. The Two Proceedings Compared and the Practical Steps
The two proceedings serve different purposes and can run side by side. The table sets out the main differences; the steps below keep both open.
| Question | Criminal case | Civil compensation claim |
|---|---|---|
| Who brings it | The public prosecutor brings the public prosecution after the investigation; for slight injury under TCK 86/2, the case depends on the victim's complaint | The injured person, against the attacker (TBK 49) and, where the conditions are met, the employer (TBK 66) |
| What it decides | Whether an offence such as intentional injury (TCK 86) was committed | Whether compensation is owed, by whom and how much (TBK 49-56) |
| Main legislation | Turkish Criminal Code No. 5237 and Code of Criminal Procedure No. 5271 | Turkish Code of Obligations No. 6098 |
| The victim's role | Complainant; may ask for evidence to be collected and for copies (CMK 234/1-a) and may join the case until judgment (CMK 237/1, 238/1) | Claimant; must prove the damage and the attacker's fault (TBK 50/1) |
| Effect on the other proceeding | An acquittal, and the criminal judge's findings on fault and damage, do not bind the civil judge (TBK 74); a reconciliation achieved in the criminal process bars a compensation lawsuit for the offence, except for damage not identifiable at reconciliation or arising afterwards (CMK 253/19) | The civil judge decides on fault without being bound by the criminal-law provisions on liability (TBK 74/1) |
| Time limits mentioned in this guide | Objection to a decision not to prosecute: two weeks from notification (CMK 173/1) | Two years from learning of the damage and the person liable, ten years from the act, or a longer criminal limitation period (TBK 72/1); reservation of the judgment for two years (TBK 75) |
Practical steps after an assault
- Get medical care first and keep every record: the emergency report, imaging, discharge summary, dental and specialist reports and every invoice, because these support the heads of damage in TBK Article 54 and the burden of proof in TBK Article 50/1.
- Photograph the injuries on the day and again over the following days, keeping the original files with their dates.
- Report the assault to the police or the public prosecutor, in writing or orally to be recorded (CMK 158/1, 158/5), and ask for an interpreter if needed (CMK 324/5).
- Note the witnesses and ask the venue or the hotel in writing to keep any camera footage of the incident; keep a copy of the message and any reply.
- Find out who employed any staff member involved: the venue itself or a separate company, because the claim under TBK Article 66 is directed at the employer.
- Ask for copies of the investigation documents, within the limits of CMK Article 234/1-a, through a lawyer where needed.
- Do not accept a reconciliation offer without knowing its effect: under CMK Article 253/19, reconciliation bars a compensation lawsuit for the offence, except for damage not identifiable at the time or arising later.
- Record any payment offered or made, with its date and amount, in view of the proportional deduction rule added to TBK Article 55 in 2026.
- Diary the limitation period: two years from learning of the damage and of the person liable, ten years at the latest from the act, unless a longer criminal limitation period applies (TBK 72/1).
An assault leaves a victim with two questions: whether the attacker will be prosecuted, and who pays for the harm. Turkish law keeps them apart. The attacker answers for a faulty and unlawful act, several attackers answer jointly and severally, and an employer may answer for what its staff do while carrying out their work, but the injured person still has to prove the damage and the fault. Securing the medical and witness evidence early, identifying the attacker and any employer, understanding the effect of reconciliation before accepting it, and keeping the two-year limitation period in view are the steps that keep the claim open.
Scope. This page describes the Turkish rules as in force in October 2026: Articles 49 to 52, 54 to 56 (including the paragraphs added to Article 55 by Law No. 7589 in July 2026), 61, 62, 66, 72, 74, 75 and 163 of the Turkish Code of Obligations No. 6098; Article 86 of the Turkish Criminal Code No. 5237; and Articles 158, 173, 234, 237, 238, 253 and 324/5 of the Code of Criminal Procedure No. 5271. It does not cover damage to property, insurance cover, or the conduct of the criminal trial. Each case turns on its own facts and evidence.
Frequently Asked Questions
The attacker was acquitted in the criminal case. Can I still claim compensation?
Article 74 of the Turkish Code of Obligations provides that, when deciding on fault and capacity of discernment, the civil judge is not bound by the criminal-law provisions on liability or by an acquittal given by the criminal judge, and that the criminal judge's decision on the assessment of fault and the determination of damage does not bind the civil judge. An acquittal therefore does not by itself close the compensation claim; you still have to prove the damage and the attacker's fault under Article 50/1.
A door attendant at a club injured me. Can I claim from the club?
Under Article 66/1, an employer is obliged to make good the damage that an employee causes to others while carrying out the work assigned. Under Article 66/2, the employer escapes liability if it proves the required care in selecting, instructing, supervising and controlling the employee. Under Article 66/3, an employer in an enterprise is liable for damage caused by the enterprise's activities unless it proves that its working organisation was suitable to prevent the damage. The claim is directed at whoever employs the attendant, which may be the club or a separate company; the court assesses the facts.
Several people attacked me. Do I have to sue all of them?
Under Article 61, where several persons together cause a damage, the rules on joint and several liability apply. Under Article 163/1, the creditor may demand the whole debt or part of it from all of the debtors or from one of them alone, and under Article 163/2 they remain liable until the whole debt is paid. Each defendant must still be found liable under the conditions of the Code.
A reconciler has offered a settlement in the criminal case. What happens to my compensation claim if I accept?
Under Article 253/19 of the Code of Criminal Procedure, if reconciliation is achieved, no compensation lawsuit may be brought for the offence under investigation, except for damage that could not be identified at the moment of reconciliation or that arises after reconciliation, and a lawsuit already brought is deemed to have been waived. Under Article 253/5, the nature of reconciliation and the legal consequences of accepting or refusing it must be explained to you. Consider the medical position and what the offer is meant to cover before you decide.
I have left Türkiye. Can reconciliation take place without me?
Under Article 253/6 of the Code of Criminal Procedure, if the victim cannot be reached, for example because they are abroad or not at the address stated in the file, the investigation is concluded without going through reconciliation. Your compensation claim under the Code of Obligations is a separate matter and remains subject to the time limits in Article 72.
What can I claim for an assault?
Article 54 lists treatment costs, loss of earnings, losses from the reduction or loss of working capacity and losses from the impairment of economic future. Under Article 56/1, where bodily integrity is harmed, the judge may also award an appropriate sum as moral damages, taking the particular circumstances of the event into account.
The attacker says I started the fight. Does that end my claim?
Not by itself. Under Article 52/1, if the injured person consented to the harmful act, contributed to the occurrence or increase of the damage, or worsened the position of the person liable, the judge may reduce the compensation or remove it entirely. The wording is permissive, and the judge decides on the evidence whether and how far your own conduct played a part.
How long do I have to bring a compensation claim?
Under Article 72/1, the claim becomes time-barred two years from the date on which you learned of the damage and of the person liable, and in any event ten years from the date of the act. If the act is punishable and the criminal laws provide a longer limitation period, that period applies.
Talk to someone about an assault
Send us the place and date of the incident and a short account of what happened, your medical reports, photographs of the injuries, the names of any witnesses, any police or prosecution document you received, and any message from the venue, the attacker or a reconciler. We will tell you how the rules on the attacker's and the employer's liability apply to your facts and what the next step should be.