Compensation for harm to health and property can be received without any problems. Why? Yes, first of all, because proving the damage caused is not so difficult. It is much more difficult to convince the judges that moral harm was also done.
Compensation of moral harm today is said a lot. There are people (especially abroad) who, having managed to prove this fact, have sued whole fortunes. In our country, things are somewhat different, but nonetheless, moral harm can be compensated.
First of all, we will make a big emphasis on the fact that demanding compensation is the right of everyone. Also note that this right is based on law. The main provisions are spelled out in the Constitution and the Civil Code.
It is worth noting that only individuals can compensate for moral harm. No organization can file such lawsuits in court. By the way, this is considered one of the important advantages of doing business as an individual entrepreneur.
Non-pecuniary damage is compensated not only direct but also indirect. What is it connected with? It is associated with the loss of immediate relatives and so on.
Most often, indirect harm is understood to mean moral or physical suffering caused by unlawful actions, due to which a person subsequently lost his ability to work or experienced any discomfort.
In fact, during a robbery a person experiences negative emotions, not only for the reason that he lost his property, but also for the fact that he experienced something that did not in any way positively affect his condition. It is difficult to prove moral damages in road accidents, doctors ’mistakes, illegal actions of officials and other similar situations. There is simply no evidence as such in most cases.
A lot of things in life are emotional discomfort for a person, but how to determine the very moment when you can really go to court, hoping for a positive result? It is necessary to analyze the situation and identify the main components of moral harm. These include the actions of the offender, the experience of moral harm, the connection of the experience of moral harm with the actions of the offender. Note that the offender’s fault should be direct.
Non-pecuniary damage can be compensated in court. Most often, issues related to this concept are additional requirements for the main proceedings.
In some cases, realizing the inevitability of litigation, the offender himself offers the victim a certain compensation for moral damage. An agreement has been reached - the case is not referred to the court, and both parties get what they need. The transfer of funds or property provided as compensation for non-pecuniary damage is recommended to be fixed in writing. Otherwise, it will be practically impossible to prove the fulfillment of certain actions.
The statement of claim can be made separately or included in the composition of the claim for the offense, which is the main one. In general, you need to be able to correctly substantiate your position, correctly explain what kind of moral harm was inflicted and what consequences ensued due to it. The consequences, of course, must be significant. These include the appearance of any physical disorders, the occurrence of complexes, a strong negative emotional experience, mental pain, the inability to engage in certain activities, and so on.
The amount of non-pecuniary damage is determined by the victim, but it is the judge who claims it. More often than not, in our country, non-pecuniary damage is not compensated as the drafter of the statement of claim wishes - that is, the victim receives less than he expected. Payments are made in cash.