The right to demand moral compensation is known, but the lack of experience in drawing up a statement of claim on this issue is often perplexing. For the same reason, cases of compensation for non-pecuniary damage are rarely heard in Russian courts.
Necessary
- - a check confirming payment of the state duty (the amount of the state duty on the territory of the Russian Federation is 200 rubles);
- - documents confirming the damage caused;
- - a statement of persons confirming the right of the plaintiff to receive moral damage.
Instructions
Step 1
Calculate the exact costs and justify the amount of material compensation declared in the statement of claim. Include in the declared amount the cost of the services provided by the lawyer. Provide for this a receipt for payment of attorney services.
Step 2
The statement of claim is submitted in writing, indicating all the requirements included in Art. 131 of the Civil Code of the Russian Federation. Be sure to indicate:
- the name of the court to which the statement of claim is submitted;
- data of the plaintiff;
- data of the defendant;
- the essence of the application with a description of the violation of the plaintiff's rights and a detailed description of the circumstances on the basis of which a claim for compensation for moral damage was filed;
- the amount of material damage, including the full calculation of the claim amount;
- a list of documents attached to the statement of claim.
Step 3
Submit your statement of claim with an attachment to the court, contact the court office. When accepting the application from the secretary of the office, he will certify it.
