How To Determine The Amount Of Compensation For Moral Damage

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How To Determine The Amount Of Compensation For Moral Damage
How To Determine The Amount Of Compensation For Moral Damage

Video: How To Determine The Amount Of Compensation For Moral Damage

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Determining the amount of compensation for moral damage is the most controversial problem in judicial practice. The fact is that in the legislation there is no clear reference to numbers, and the courts make decisions at their own discretion, taking into account various circumstances and factors.

How to determine the amount of compensation for moral damage
How to determine the amount of compensation for moral damage

Instructions

Step 1

Determine the degree of guilt of the offender. In civil law, guilt is a condition, not a measure of responsibility. At the same time, when determining the amount of moral compensation, the court takes into account the attitude of the defendant to the actions committed by him that caused harm. It should be noted that according to Article 1100 of the Civil Code of the Russian Federation, this moment is not taken into account if the harm was caused: to health or life by a source of increased danger; as a result of illegal involvement in criminal attribution; dissemination of information that discredits the dignity, honor or business reputation of the applicant.

Step 2

Consider the degree of physical and mental suffering that is associated with the individual characteristics of the person affected by the harm. Physical suffering is divided into: pain, nausea, choking, dizziness and other painful sensations. Moral suffering is understood as: grief, fear, humiliation, shame, anxiety and other negative emotions. This takes into account the individual characteristics of the victim. For example, if a woman is bitten by a dog, then the amount of compensation will most likely be awarded to her more than a man who is more resistant to such incidents.

Step 3

Be guided by the requirements of reasonableness and fairness, which are governed by Art. 1101 of the Civil Code of the Russian Federation. This implies that the amount of compensation for non-pecuniary damage must correspond to the depth of suffering, i.e. the larger it is, the larger the payout will be. However, practice shows that similar violations are not always awarded the same compensation.

Step 4

Analyze the above factors and determine the amount of compensation for non-pecuniary damage that is appropriate for your situation. At the same time, remember that you are unlikely to receive the required amount, since the court makes a decision based on all factors and available evidence.

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