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Litigation

Litigation

Gürkan & Gürkan Advocates and Legal Advisers has vast experience in suits initiated for compensation, involving a breach of contract and the resulting damages, as well as losses caused by negligence or damages suffered due to a fraud. Our Firm has represented and currently represents its clients successfully in various suits for compensation and follows an effective course of case management for the proof of damages.

Gürkan & Gürkan Advocates and Legal Advisers provides services in suits involving: breach of sales contracts by either the buyer or the seller, breach of construction contracts by either the contractor or the property owner, faulty goods subject to sales contracts, the breach of a contract entered in the course of a business relationship and the breach thereof including late deliveries or late payments. The suits can be for specific damages suffered by one of the parties or for general damages.

Our Firm also handles compensation suits that arise as a result of a person or institution's negligence, or failure to execute its duties, and the resulting wrongdoing. Our Firm has vast experience in these types of cases, which include: medical malpractice suits due to negligence of doctors, compensation suits involving faulty building of construction companies, traffic cases involving negligence of the other driver and his or her careless driving, compensation suits initiated to recover damages suffered during occupational accidents which are caused by the failure of the employer to ensure workplace safety, as well as other types of wrongdoing that are subject to compensatory claims.

In addition, Gürkan & Gürkan Advocates and Legal Advisers provides effective legal services in cases involving: revocation of fraudulent transfer of goods, recovery of damages due to fraudulent acts, concealed fraudulent acts, fraud, as well as recovery of damages sustained or revocation of transactions resulting from fraud or misrepresentation.

  • On what basis can a suit be filed, if there is negligence involved in a traffic accident? Where a traffic accident involves negligence, a suit can be filed against the party who has caused the accident on the following grounds: speeding, careless driving, inattentive driving, driving under the influence -including alcohol- driving while exhausted. In addition, a suit can be filed when the negligence does not qualify as gross negligence, but the party at fault is blamed to have caused the death of a person.
  • What is the doctor’s responsibility to the patient in medical malpractice suits? The doctor’s responsibility is to exhibit reasonable care, attention and skill while examining, declaring a diagnosis and treating the patient. As such, the power vested in the doctor requires that both the doctor and the entire medical team exercise utmost care and attention and best utilize their personal skills during the process. Where wrongful acts occur, the doctor shall be responsible.
  • What is the criterion in medical malpractice suits? The calculation of general damages involves: the calculation of the loss suffered during the period between the death and the conclusion of the lawsuit, the damage expected to occur between the conclusion of the suit and the date of retirement, as well as expected damages following retirement.
  • What are the required conditions in cases involving medical malpractice? Three conditions must exist for the harmed party to prove damage: that the accused was responsible to act with reasonable care and attention towards the claimant, the accused was negligent and at fault in acting without reasonable care and attention and finally that the claimant has suffered damages as a result of the defendant’s wrongful act and negligence; in more common terms, that there is a causal relationship between the negligence and the damage sustained.
  • What must I do to file suit in Cyprus? To file a suit in Cyprus, you must sign an official document (Avukat Tutma Varakası) stating such intent. If you will be outside of Cyprus during the suit, you can provide your attorney with a warrant of attorney, allowing him or her to act on your behalf.
  • How can I provide my attorney with a warrant of attorney? Must I come to Cyprus to do so? If the warrant of attorney to be used in Cyprus shall be signed in Cyprus, such signing must take place in the presence of an approval officer. Persons outside of Cyprus can get an approval to the warrant, prepared by our office, at the representative office of the Northern Republic of Cyprus or, where such an office is not available, at the consulate of the Republic of Turkey.
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