Every person in life is faced with a situation where his honor and dignity are violated, many do not even think about the existence of laws that protect the injured person in such cases. Moral damage occurs when a natural or legal person suffers non-property losses due to mental or physical suffering due to the action or inaction of another person.
Necessary
Receive moral harm and assess the severity
Instructions
Step 1
Moral damage occurs only after the non-pecuniary damage has occurred. The assessment of monetary compensation for causing moral damage is calculated in each case individually and primarily depends on the assessment of the victim himself.
Step 2
An ordinary quarrel between two people with insults does not become a reason for compensation for moral damage, since in such situations, witnesses and a public assessment of the circumstances are needed. Therefore, in the event of such an incident, you should talk with witnesses about testifying in court. As evidence, you can provide a video or audio recording of the quarrel that occurred.
Step 3
It is not possible to claim compensation for moral damage on far from every occasion. For example, harsh criticism of an activity is harmful, but not considered moral damage.
Step 4
If a person who has suffered moral damage from an insult will demand a fabulous amount of damage in court, then the court may think about his sanity. Moral harm can consist in moral experience in connection with the death of a close relative, and in the inability to continue social life, and in the disclosure of medical secrets, as well as in many other reasons.
Step 5
There is a general formula for assessing moral damage, but the calculated result will not be a guaranteed result, since the court takes into account the severity of the moral injury and the defendant's solvency. The maximum amount of compensation for damage consists of 720 minimum wages officially established at the time of the decision and corresponds to the earnings of one person with an average income for 10 years.
Step 6
If serious damage to health was caused, then the amount must be multiplied by a factor of 0.8. Accordingly, the amount of compensation will be equal to 576 minimum wages. The beatings are estimated as multiplying 720 by 0.025 and equal to 18 times the minimum wage.
Step 7
In the case of torture against an individual, you need to multiply 720 by a factor of 0.3, as a result, the compensation will be equal to the sum of 216 minimum wages.
