Before contacting the courts for compensation, it is recommended that you familiarize yourself with the question of what moral damage is. How to evaluate it? Human rights to such a possibility of protection are established by Article 151 of the Civil Code of the Russian Federation. The law defines the types of harm and the procedure for restoring the good name of the victim.
Highlights
In the West, they often resort to the term “moral damage”. How to assess the amount of compensation, will tell any legally competent person. Significant differences in this area are observed in the Russian Federation, as our citizens are passive in protecting their own personalities.
Legislation in the country has existed for a long time, you only need to learn how to use them wisely. Under the Civil Code, individuals have rights (the text is indicated in chapter 8 of part 1). Experienced lawyers are always ready to help the layman determine whether the victim has a right to material compensation.
The law describes the physical and psychological suffering of a person as “moral damage”. How to evaluate it is indicated in the article of Art. 150 GK. It defines the main condition: human rights must be violated by committing far-fetched actions of an outsider. An infringement on intangible goods also refers to harm , as indicated by Article 151 of the Civil Code of the Russian Federation.
What do you need to do to get started?
The grounds for filling out an application to the court are determined by the following situations:
- At the consultation in the office of a lawyer, the current position of the victim is compared with regulatory acts. Before judicial sanctions give a characterization of the actions of the defendant.
- With intentional harm, the motive of the perfect act is revealed.
- Accidents often lead to moral harm, but such processes are controversial. The plaintiff risks failing, as a result of which he will have to pay the costs.
- We need strong evidence of the guilt of the defendant.
- The plaintiff also finds all kinds of evidence of non-pecuniary damage: sick leave, clinic visits, evidence of others, a course sheet of medication.
Definition Content
So, we describe in more detail the concept of “moral damage”. How to evaluate it by law? Here are the reasons for the right to compensation. A person’s suffering caused by the actions of third parties includes a negative state, accompanied by humiliation, anger, feelings, shame.
Highlight the main points for determining harm:
- Negative impact on human health.
- Infringement of constitutional rights: freedom of movement, actions defaming the honor and dignity of a citizen, copyright infringement.
- Intervention in private life, dissemination of false information about a citizen.
- Violation of the freedom of man and his home.
- Harm after dissemination of the patient’s personal information by the attending physician.
- Infringement on property and non-property benefits, which led to negative consequences for human health: mental and physical.
Both the victim himself and his representatives have the right to appeal to the court. Interested parties apply for compensation even after the death of the victim. So, relatives restore the good name of the deceased if defamatory people frivolously committed an illegal act.
What laws govern human rights?
The Code of Administrative Offenses of the Russian Federation article 4.7 establishes liability after an accident. Compensation for moral damage is considered by the court together with material claims against the defendant. But paperwork can be carried out as a separate process.
Articles of the Civil Code of the Russian Federation are applied for a specific case. According to Art. 30 of the Family Code, which defines the grounds for declaring a marriage invalid, you can claim compensation for material and moral damage from the actions of the spouse. Federal law helps recover from the defendant for violations in such cases:
- in the field of advertising and personal data protection;
- during measures to prevent terrorist acts;
- for life and property insurance;
- in the field of children's rights;
- in the field of tourism;
- while protecting consumer rights and influencing the human life of the media.
Also, articles of the Labor and Criminal Procedure Codes of the Russian Federation may participate in determining moral harm.
Court Appeal Procedure
It is better to fill out a moral damages application after a personal discussion of the problem with the offender. Pre-trial dispute resolution helps save time and costs of litigation. All negative points should be tried to convey to the opponent’s consciousness.
All steps are accompanied by paperwork in writing, explanations with the signature and date are taken from the offender. They must contain reasons for refusing compensation or meeting. A pre-trial settlement proposal is made by mail.
There is no statute of limitations on damages; this information is indicated in article 208, paragraph 1 of the Civil Code of the Russian Federation. The claim is submitted to the judicial authority at the place of residence of the offender, but if damage is considered as a result of a crime, then the papers must be referred to the regional court. Before this, you will have to pay a state duty.
We calculate the amount of the claim
Compensation is calculated by the court in accordance with the legislation currently in force; the moment of the commission of an unlawful action is not taken into account. The resulting amount of moral damage is limited and does not exceed 720 minimum wages. So that the plaintiffs are not enriched by legislative acts, the amount of money is established in accordance with common sense. That is, the result is summed up equivalent to the harm done.
The court draws attention to the material condition of the defendant. If he is unable to repay the account provided to him, then, guided by common sense, they may be denied compensation altogether. The physical state of the offender is of importance:
- disability;
- age;
- pregnancy;
- dependency.
Case Outcome Options
The court often raises the issue of a global settlement of the dispute. Compensation for material damage shall be established in accordance with the wishes of the plaintiff and the consent of the defendant. But if the court finds a violation of the law, it may not approve the decision.
Early termination of production is carried out only after mutual agreement. The settlement agreement excludes a repeated lawsuit from the victim, which is beneficial to the offender. As a result of the proceedings, a court decision is made, which can be challenged within the established time period. However, there are two exceptions: the circumstances in favor of the plaintiff have changed or the court has established the absence of the latter.
A repeated application is recommended to be prepared with a lawyer in order to take into account all options for future proceedings. It is better to eliminate errors that lead to unnecessary waste and loss of time. After all, the defendant can file a counterclaim for false charges.
Compensation after a car accident
Recovery of moral damage is possible only with proven guilt as a result of the actions of the offender. So, car damage refers to property damage. In order to consider the matter in an immaterial manner, the accused must commit a far-fetched act.
Damage to mental and physical health must be reflected on paper. All conclusions are carried out by a qualified specialist who has certification in medical schools. The calculation of the amount of compensation is carried out according to pecuniary damage and is established by each court for reasons of fairness and reasonableness.
To moral suffering include injuries caused by the accident. Here the court sees direct harm. Moral experiences from material costs are doubtful, and it will be necessary to give reasonable reasons for receiving monetary compensation. It should be borne in mind that the judge can omit evidence in words, since each reason must be documented.