How To Determine Moral Damage

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How To Determine Moral Damage
How To Determine Moral Damage

Video: How To Determine Moral Damage

Video: Moral Damages [AUDIO CODAL] 2022, November
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Moral damage is the monetary expression of harm (physical or mental suffering) that was caused to a citizen by the unlawful actions of other persons who violated his personal moral rights. One of the manifestations of moral damage are experiences that are usually associated with various kinds of illnesses that have arisen against the background of moral suffering due to violation of rights.

How to determine moral damage
How to determine moral damage

Instructions

Step 1

The Civil Code of the Russian Federation (Art. 151) defines the concept of "moral harm". The legislator interprets it as "physical and mental suffering." This means that the consequences of unlawful actions should be reflected in the mental or physical condition of the victim. This list includes various kinds of mental disorders, other general deterioration in health, resulting from moral experiences. The main thing is that the moral suffering that has arisen should be in causal connection with the unlawful acts that have occurred.

Step 2

Claims for compensation for moral damage are filed in court together with a claim for compensation for material damage that was caused by the crime. The application must clearly indicate what kind of moral suffering was caused, what consequences they entailed, in what amount (in monetary terms) you assess these experiences. At the same time, you need to provide your claim with evidence, which can be medical reports, health certificates, testimonies of witnesses, etc.

Step 3

The question of the amount of moral damage lends itself only to subjective assessment. This issue is decided by the court, and judges, like other people, can assess the same situation in different ways. Based on the foregoing, the amount of non-pecuniary damage is determined by the court based on inner conviction, taking into account the evidence presented by the parties. In practice, the amount of compensation is immediately indicated in the statement of claim, but the court most often awards smaller amounts than those claimed.

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