To obtain protection of your rights through the courts, you need to file a claim. In matters of compensation for material damage, you need to carefully consider the structure of the statement of claim in order to receive decent payment for the suffering and loss you have experienced.
Instructions
Step 1
In judicial practice, material (property) damage is called someone's action, as a result of which another person loses part of his material wealth. A claim for compensation for material damage is submitted to the judicial department in writing. This document should contain 4 main parts: introductory (present in any statement), descriptive, motivational and supplicatory (summarizing).
Step 2
The first part - introductory, is usually located in the upper right corner and contains general information about the case. Indicate the name of the court to which you are going to apply, the name of the plaintiff and the representative of his interests, the address through which the court can contact you. Below is the same information about the defendant. In addition to the address, so that the trial does not drag out due to poor communication with one of the parties to the case, include phone numbers and email addresses.
Step 3
Here you need to indicate the amount of material compensation that you demand from the accused and the amount of state duty, which must be paid without fail before submitting an application to the judge. If the material damage inflicted on you is related to a violation of the criminal code, the victim does not pay the state duty.
Step 4
To get the amount that you are entitled to as a result of damage, add three parameters. The first is the cost of the lost good, or the money that will be needed to restore it. The second parameter is moral harm associated with suffering and poor health. And finally, the third is the amount of lost profit that you could have received if this incident had not happened.
Step 5
The next part of the claim begins with the title of this document. It is written below the introductory part in the center: "Claim for compensation for damage." Next, describe what happened in detail and coherently, without unnecessary emotionality. And in the motivation part, indicate what evidence you have, and on the basis of which law (Article 151 of the Civil Code of the Russian Federation) you demand compensation from the defendant.
Step 6
In the final part, write specifically what measures you are asking the court to take in relation to the defendant. Treat the operative part of the statement carefully, since the outcome of your case depends on its content. Write a list of the attached documents (copy of the application, receipt of payment, proof) and below put the date of creation of the statement of claim and a signature with a transcript.
