Recovery of non-pecuniary damage is carried out in court, the basis for making an appropriate decision is the statement of the plaintiff with the attachment of relevant evidence. In cases of this category, it is subject to proving that certain physical, mental suffering is due to the fault of a particular person.
Recovery of moral damage from neighbors is carried out, as a rule, when these persons inflict certain damage to property (for example, the bay of an apartment). At the same time, there is no direct connection between the amount of property damage and the amount of compensation for moral damage, since each of these claims is separately considered by the court. The plaintiff in court will need to prove that the neighbor committed certain actions, as a result of which moral harm was caused, the presence of the neighbor's guilt in committing such actions, as well as a certain degree of physical, mental suffering that was suffered by the victim.
How to draw up documents for the recovery of moral damages?
In order to recover compensation for moral damage from a neighbor, an appeal to the judicial authorities with a statement of claim will be required, which will contain the relevant requirement. The preliminary filing of a claim in such cases is not mandatory, it is carried out at the discretion of the plaintiff. The statement of claim is submitted to the district or city court located at the place of residence of the defendant. It should be borne in mind that in order to make a positive decision on this application, it will be necessary to provide certain evidence of physical or mental suffering from the actions of a neighbor. The specified evidence is drawn up in the form of attachments to the statement of claim, submitted to the court in two copies (for the formation of the case and for sending to the defendant).
What evidence can support the infliction of moral damage?
The main evidence confirming the incurring moral damage as a result of the actions of a neighbor is medical documents. It is these documents that confirm the fact that the injured person was forced to endure certain physical difficulties, to cover the costs of medical care, the purchase of drugs. Moral suffering is confirmed by documents from a specialized medical specialist (psychiatrist), testimony. Family members of the injured person, his acquaintances and colleagues can act as witnesses, who can confirm his depressed moral state as a result of actions committed by a neighbor, the presence of insomnia, depression and other similar symptoms of moral experiences.
