Moral harm is physical or mental suffering that was caused to a citizen by actions that encroach on intangible goods belonging to him or violate personal moral rights.
One of the forms of moral harm is the experience associated with a disease that arose as a result of moral suffering due to violation of rights.
Instructions
Step 1
The legislation of the Russian Federation, namely Art. 151 of the Civil Code defines the concept of "moral harm" as "physical and mental suffering". This means that the actions of the person who caused the harm must necessarily be negatively reflected in the mind of the victim. It can be as various mental reactions of the body (physical suffering) or experiences (moral suffering). Expressions of feelings will be manifestations of such states as shame, fear, humiliation and associated emotional manifestations.
Step 2
Claims for compensation for moral damage are usually filed in court together with the main claim (for compensation for material damage caused by a crime or other illegal actions). When submitting such an application, it is necessary to describe the essence of your requirements as clearly as possible, as well as indicate the reasons why you are applying for it. Do not forget that a claim must always be supported by appropriate evidence. In our case, this may be the testimony of witnesses, a medical report on the state of health, etc. depending on the situation.
Step 3
Claims for compensation for moral damage are subject to consideration only in court (although peace agreements between the parties are possible without a trial, but this is rare).
An important issue here is the definition of its size (monetary value). It should be said here that the assessment of the same events by different people is not the same. Hence, the determination of the amount of moral damage is strictly subjective.
Step 4
Following the above, the amount of compensation for non-pecuniary damage is determined exclusively by the court. Ideally, a specific amount should not be indicated in the statement of claim, but only a request to the court for its determination should be made. However, in practice, the desired amount of compensation is most often indicated in the claim. When determining the amount of non-pecuniary damage, the court clarifies the position of the plaintiff on this issue, comprehensively (according to its inner conviction) assesses the current situation, and then makes a decision. In most cases, the amount of compensation is much less than originally stated.
