Moral harm is understood as the physical or mental suffering of a person caused by actions that violate his personal non-property rights or encroach on non-material benefits. If you have suffered moral harm and you intend to punish the abuser, use the above recommendations to set the judicial machine in motion.
Instructions
Step 1
Find evidence of your physical or mental suffering Physical suffering can be confirmed by an extract from a medical history or a medical card in case you sought medical help due to a deterioration in well-being. To confirm moral suffering, you will need witnesses who have observed your emotional experiences. There must be at least two of them.
Step 2
Obtain evidence of a causal relationship between the violation of your rights and your suffering This evidence will vary from case to case. For example, when seeking medical help, complain to the doctor about the reason for such poor health (“the neighbors flooded the apartment upstairs, did not sleep all night, worried, as a result, the pressure rose sharply”) and ask to enter this information on the medical card.
Step 3
Evaluate your physical or mental suffering in monetary terms The amount can be anything, but remember that there must be a certain correspondence between the suffering suffered and the amount of compensation claimed. The final amount of non-pecuniary damage will be determined by the court, taking into account the degree of guilt of the offender and other noteworthy circumstances.
Step 4
Draw up a statement of claim The statement of claim is drawn up according to the rules of Articles 131, 132 of the Civil Procedure Code of the Russian Federation. It is important to precisely comply with the requirements for the content of the statement of claim and attach all the necessary documents specified in the named articles. If you find it difficult to file a claim in person, seek help from a qualified lawyer.
Step 5
Pay the State Duty and File a Claim in Court In other cases, the amount of the state duty is determined by the cost of the claim according to the rules of Article 333.19 of the Tax Code of the Russian Federation. Be sure to keep the document confirming the payment of the state duty. This document must be attached to the statement of claim.
Step 6
A claim for compensation for moral damage is filed at the place of residence (location) of the defendant. However, if the claim is a claim for compensation for harm caused by injury or other damage to health, by the death of the breadwinner, such a claim may also be brought to court at the place of residence of the plaintiff or at the place where the harm was caused.
Step 7
After filing a claim in court, you will only have to wait for a summons indicating the date and time of the consideration of the case. If you have collected all the evidence, as recommended above, you can easily substantiate the stated claims and receive compensation for non-pecuniary damage.
