In addition to causing harm to health or property, moral harm can also occur. In order to recover compensation for non-pecuniary damage in court, it is necessary to provide certain evidence.
Instructions
Step 1
Analyze how the moral harm caused to you is expressed. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of 20.12.1994, it can be expressed, for example, in the loss of a job; loss of the opportunity to lead an active life; disclosure of medical secrets, family secrets; suffering due to the loss of relatives; deprivation or temporary restriction of rights; physical pain. This list is indicative, but not exhaustive. It is customary to understand physical suffering as a negative impact on health, and moral suffering as a set of negative emotions experienced.
Step 2
Think about how to justify moral damage in advance, even at the stage of preparing a claim to court. The more proof of your physical and mental suffering you collect, the better. Physical pain, for example, can be confirmed by an extract from a medical record obtained from a district clinic. Of course, in order for the corresponding entry to appear in the medical record, you should promptly contact your local general practitioner with health complaints. During the visit, ask the doctor to enter into the card the cause of the malaise or the exacerbation that has occurred - the actions of the person from whom you will further recover moral damage.
Step 3
If you cannot provide documentary evidence to the court, the non-pecuniary damage can be confirmed by the testimony of the persons who observed your suffering.
Step 4
In addition to the actual physical and mental suffering, justify the cause-and-effect relationship between them and the actions of the defendant. For example, if your apartment was flooded due to the fault of your neighbors who live on the floor above, family members may testify that at that moment you were very worried and began to complain of pain in your heart. If you have exacerbated heart problems, also confirm with an extract from your medical record.
Step 5
Moral damage is compensated in monetary terms. In each case, the amount of compensation is determined individually. You will have to explain to the court why you are asking to collect from the defendant, for example, one hundred thousand rubles, and not another amount. Consider strong arguments to support the claimed compensation.
