Moral damage arises from non-property losses due to physical or mental suffering caused by the act or omission of another person. But how to calculate the amount of moral damage?
Instructions
Step 1
It is difficult to calculate the moral damage. Rather, we can talk about a set of documents and evidence confirming the facts of causing you moral harm. If you decide to go to court with a claim for causing you moral harm and compensation for moral damage, be prepared for the fact that, in the absence of solid evidence, the court may reject your claim.
Step 2
Provide evidence of moral harm to you. Such evidence usually includes documented facts of physical and mental suffering (for example, deterioration in health or the inability to continue a normal social life).
Step 3
Provide evidence of the unlawful behavior of the person who caused you moral harm. However, if the court considers that such evidence leads to not only civil, but criminal liability, then the case of the unlawful actions of the violator of your peace of mind can be separated into a separate proceeding and transferred to the appropriate court, if this was not previously known. In addition, if you do not aim to bring the person who harmed you to criminal liability, the case for compensation for moral damage may not end in your favor.
Step 4
Collect evidence to support an objective causal link between a person's wrongful behavior and harm to you. For example, if your child is bitten by a dog, and you experience moral suffering because of this, then this cannot be a reason for a claim for compensation for moral damage. It's another matter if the dog bit you, and you were forced to take sick leave. In this case, you have the right to demand compensation for moral damage from its owner.
Step 5
The law stipulates that the total amount of moral damage cannot exceed 720 minimum wages (which roughly corresponds to the average earnings for 10 years). However, there is no unconditional formula by which you can calculate moral damage, so use common sense when assessing it so that the court does not have the opportunity to doubt your sanity.
