Moral harm cannot be touched by hands, it cannot be felt, but can only be experienced. Therefore, very often when calculating moral damage, all the material losses that the victim suffered when committing illegal actions against him are used.
It is necessary
- - supporting documents for treatment costs;
- - copies of a medical record with diagnoses;
- - a document confirming the receipt of bodily harm (certificate from the emergency room, etc.)
Instructions
Step 1
First you need to determine what moral loss you have suffered as a result of illegal actions over you. Be sure to keep all supporting documents, you will need them for the evidence base in court (checks from pharmacies, payment for the services of doctors, psychoanalysts). You can also record in front of witnesses ambulance calls, calls to the local doctor at home. In general, everything that confirms your suffering, loss of working capacity.
Step 2
The amount of non-pecuniary damage that you can claim for recovery from the defendant depends on the amount of the claim in the main case. For example, if you are trying to get money for a low-quality product worth 10,000 rubles, you should not demand compensation for moral damages for 100,000 rubles. The more severe your suffering and physical injury (for example, in an accident, in a fight, etc.), the more you can ask for.
Step 3
The exact calculation of moral damage is not specified in any law of the Russian Federation. According to judicial practice, the amount can only be assigned by the court. Depending on the circumstances, it can range from 100 rubles to several hundred thousand. When making a decision on a case, a judge is guided, first of all, by the materials of the case, the evidence base and testimony.
Step 4
Physical and mental suffering - these are the categories for assessing moral harm. Physical suffering - pain, nausea, itching, etc. Moral suffering - fear, anxiety, pain, etc. The degree of suffering directly depends on the personality of the victim, on his perception.
Step 5
Compensation for moral damage is possible only with a positive outcome of the main case in court, i.e. if the defendant's guilt is fully proven. Compensation for moral damage is intended to eliminate the negative emotions and feelings of the victim, on the basis of this, the court differentiates the amount of material damage. The nature of the suffering is also taken into account, taking into account the psychological characteristics of the victim's personality, the degree of guilt of the tortfeasor and the criteria of reasonableness and justice.
