Unfortunately, our society is not perfect, and the lives of citizens are often complicated by such troubles as material and moral damage. In order to recover losses, a lawsuit is filed. The practice of legal proceedings shows that this kind of case is often complicated by the fact that people who file a lawsuit in court do not have full information and do not know what to do in a given situation.
Damage is the loss of all material assets or their part as a result of harm caused, intentional or accidental. For example, as a result of a quarrel with neighbors, a woman had a heart attack, she was hospitalized. In this case, the neighbors should compensate material damage caused to health as a result of non-pecuniary damage by paying for treatment and maintenance during the period of incapacity for work.
How to determine the amount of damage
If damage is caused, intentionally or unintentionally, its amount includes such indicators:
- The cost of the lost things or the amount necessary for their repair or purchase.
- Compensation of the costs of the victim to restore damage and breakdowns.
- The amount of losses from lost profits.
In which cases it is worth claiming damages
Damage is a violation of civil rights, and the right to compensation for it affects all legislative areas. According to the law, citizens have the right to monetary compensation in such cases:
- damage to personal property;
- traffic accident;
- refusal of the insurance company to pay the required amount;
- breach of contract;
- violation of consumer law;
- failure to fulfill a lease agreement;
- lost transaction;
- loss of intellectual property (piracy).
What documents are required to recover pecuniary compensation
If the damage is the purchase of low-quality goods, then you will need a receipt confirming the purchase of the goods or another document that indicates the date of purchase and the amount. When submitting a statement of claim to the court, the statement itself, a passport and a claim indicating the damage caused will be required. Material damage compensated through the court requires a document on payment of the state duty in a predetermined amount.
How to act in case of damage
Not so important, the damage is damage to property, violation of the contract or consumer rights, the procedure is approximately the same:
- accurate calculation of financial losses;
- drawing up a claim for presentation to the guilty;
- filing a lawsuit;
- payment of state duty.
In order to win the court and receive damages, you must provide evidence that the defendant has violated the law and does not want to compensate for the damage. The plaintiff must prove that there is a certain connection between the actions of the defendant and the problems of the plaintiff. The amount required of the defendant must be proven, you must also indicate what exactly it will be spent.
Another important document that affected citizens do not always remember is the report that the plaintiff himself tried to compensate for the losses incurred as a result of the damage, and how much was spent on it.
The outcome of the court hearing depends on the authenticity of the facts and evidence of the plaintiff. Practice shows that the correct calculation, clear reasoning and facts presented to the defendant, most often force the latter to pay losses and not bring the case to court. When calculating pecuniary damage, it is worth remembering that the damage can be provable or abstract, moral, which can not be documented to prove. In the case of hard-to-prove damage to the parties, it is best to agree without a court.