When filing a statement of claim with claims for compensation for moral harm, there are many difficulties with the determination of the evidence base, both for establishing the fact of causing the specified harm, and for determining the amount of compensation.
Instructions
Step 1
The concept of "moral harm" is mentioned in various legislative acts of the Russian Federation. Thus, Article 151 of the Civil Code of the Russian Federation stipulates that moral harm is physical or mental suffering caused by actions that violate personal non-property rights or encroach on other non-material benefits of a citizen.
When applying to the court with claims for compensation for moral harm, it is necessary to prove the fact of causing moral and physical suffering, the guilt of the inflictor of harm, as well as the causal relationship between the actions of the inflictor and the harm that has arisen.
Step 2
In cases of compensation for moral damage, all means of evidence provided for by Art. 55 of the Civil Procedure Code of the Russian Federation: explanations of the parties and third parties, testimony of witnesses, written and material evidence, expert opinions.
All evidence must meet the requirements of relevance and admissibility.
Step 3
The fact of inflicting physical suffering, resulting in incapacity for work, disability, etc., the courts, as a rule, accept as indisputable proof of infliction of moral harm. In this case, it will be confirmed by certificates from the hospital, emergency room, extracts from the medical history, a protocol on an administrative offense, explanations of the plaintiff, an act of medical examination, and the conclusion of a forensic expert.
In this case, the court proceeds from the fact that the more serious the harm to health, the more severe physical suffering the victim experienced.
When proving non-pecuniary damage in the form of physical suffering, it is necessary to convince the court that the applicant experienced severe physical pain, which is confirmed by documentary evidence or by witness testimony.
Step 4
When a criminal offense is committed against the plaintiff in the field of human life and health, moral damage is subject to compensation by virtue of the law.
Step 5
Evidence of moral harm in connection with libel and insults may be testimony, audio and video recordings, or a written document, if the insult is expressed in writing.
Step 6
When property damage is caused, for example, when a thing is stolen, it is not expensive, but due to its importance for the victim, it is possible to prove the infliction of moral damage and justify the amount of compensation to be compensated if evidence is presented to the court that the person turned to a psychologist for help, a psychiatrist, to medical institutions with complaints of a health disorder.
However, the certificate from the hospital about the treatment does not yet indicate the presence of moral trauma. It is necessary to prove a causal link between the event and the harm caused. In such cases, you should make sure that the medical certificates must indicate the cause of the health disorder - the fact of causing moral harm, that is, it is because of the experienced event that health problems have arisen. It is necessary to draw the attention of doctors, for example, to loss of sleep, a constant state of anxiety and tell what the reason for such anxiety is.
Poor health, decreased appetite, apathy, nervousness, depression can be evidence of strong feelings.
Step 7
In cases of unlawful conviction, prosecution, application of detention as a preventive measure or the imposition of an administrative penalty in the form of arrest or correctional labor, the evidence of moral harm will already be the acquittal of the court, the decision to terminate the criminal case on exonerating grounds, etc..d.
Step 8
In the event of the loss of a loved one, it is necessary to prove the closeness of family ties, the nature of the relationship between the applicant and the deceased relative, whether they lived together, whether they had a common household, whether they had common interests, friends, how often they saw each other, etc.
Step 9
The inability to continue an active social life, the disclosure of family and medical secrets, the dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, etc. also testify to the infliction of moral harm.
