If physical or mental suffering is inflicted, compensation for non-pecuniary damage can be recovered from the offender. For this, a statement of claim is written. It indicates the desired amount that can be obtained as a result of the consideration of the case. The application is sent by mail with acknowledgment of receipt or personally submitted to the court located at the place of registration of the defendant.
Necessary
- - the civil code of the Russian Federation;
- - personal data, address of the defendant;
- - details of the court;
- - the passport;
- - documentary evidence.
Instructions
Step 1
First, study articles 150, 151 of the Civil Code of the Russian Federation, which describe situations in which it is possible to recover monetary compensation from the offender for the suffering caused (physical, moral). If the case is on this list, start writing a statement of claim.
Step 2
Before you draw up a document, find out the registration address, personal data of the defendant. Consider the following. A legal entity cannot be inflicted moral damage. Therefore, you cannot write a statement of claim on behalf of the company, since the court does not consider such cases. After all, they contradict legislation in their content.
Step 3
Find out the exact address, the name of the judicial authority located at the place of residence of the offender. You can only apply to this court. In the right corner, write the full name of the court, its address.
Step 4
Now write your personal data, residential address, telephone number. Then indicate the last name, first name, patronymic of the defendant, the address of his registration, including the postal code.
Step 5
In the middle, write the title of the document. Then describe in detail the circumstances under which the situation occurred, as a result of which physical and mental suffering was inflicted on you. Refer to real facts, legislation.
Step 6
For example, you were injured in connection with an attack by a dog you are applying for. Accordingly, you must have a certificate from a medical organization in your hands, which describes the bodily injuries that are a consequence of the situation. When moral suffering is inflicted, everything is much more complicated with the evidence side. You need to find two or three witnesses who can testify in your favor.
Step 7
Write down the amount you would like to receive as a result of the court hearing. Of course, no one will reimburse you millions, limit yourself to one hundred or two hundred thousand. Enter the list of documents that are attached to the application and are evidence of moral harm. For example, a certificate from an emergency room or a clipping from a magazine, newspaper (in case of moral suffering by a journalist who wrote an article about you, the content of which defames your good name).
Step 8
Sign, date, write your personal data. Seal the application with copies of documents in an envelope, send by mail with acknowledgment of receipt. In two or three months, a subpoena will come to your address. Hire a competent attorney to represent you before the meeting.
