Many, getting into difficult life situations (accidents, disclosure of medical secrets, etc.), are completely unaware that they have the right to demand compensation for moral damage. Article 151 of this Civil Code of the Russian Federation clearly prescribes what is understood by the definition of moral damage. So, moral damage is the moral or physical suffering caused to a citizen by inaction or unlawful actions.
To appeal to the courts it is necessary, first of all, to perfectly understand what is meant by the word "suffering". Depressed mood, tears - this is not a reason to file a claim for payment of compensation for moral damage to you. According to the law, suffering can create circumstances that cause internal feelings - the loss (death) of a relative, the inability to participate in the public, political life of society, the disclosure of medical secrets, loss of work, deprivation of fundamental rights and freedoms, physical and psychological pain as a result of an accident, etc. In the presence of the above circumstances and in the case of a positive decision of the court you will be paid compensation for moral damage.
In most cases, the moral damage caused by an attacker is accompanied by other articles prescribed in the Criminal Code, Labor Code, Civil Code, AK. In order not to be unfounded, we give an example. You wrote a wonderful song, that is, you are its full owner. After a while, on the INTERNET global network, you come across your hit, and, of course, your name is indicated as the author. Over time, the song you wrote becomes a national hit, for which a decent amount of money comes. Such a situation allows you to demand from the plagiarist compensation for the moral damage caused to you. A person who encroaches on your intellectual property will be held criminally liable, as he violated copyright.
In order to recover non-pecuniary damage, you must correctly file a lawsuit in court and bring irrefutable evidence . How to start a trial?
Firstly, it is necessary to draw up a statement of claim, which will clearly state your claims against the offender. Secondly, pay the state fee, the amount of which is 100 rubles. Thirdly, send by registered mail a letter to the address of the court in which it will be enclosed: the statement of claim, its certified copy, as well as the receipt of payment of the state duty.
After 2-3 months, a subpoena will be delivered to you to resolve your case. Well, of course, take care of a good lawyer, because it depends on his professionalism and experience whether you win the case for compensation or not.
As it was written above, the court considers only concrete evidence that you have suffered moral damage. The testimony of eyewitnesses, that is, witnesses, material evidence, explanations of the parties, is taken into account. If during the incident you suffered physical suffering, then submit to the court certificates from the emergency room, the results of the medical examination, and the doctors ’opinion. If you are in a serious mental condition, consult a psychiatrist, in most cases it’s his conclusions that become evidence that you have suffered tremendous moral damage.
The further course of the proceedings depends on the experience of your lawyer, who must prove at the meeting that the attacker inflicted moral harm with intent according to the previously developed plan.
If the court passed a verdict of not guilty to your offender, appeal it. Send the claim to a higher court. Recently, the state very often acts in the place of the offender, which is almost impossible to prove guilty, therefore, claims of injured citizens are often sent to the Strasbourg court. Fight for your rights.