To compensate for moral damage, documents will be required confirming the commission of certain unlawful actions in relation to the victim or his property. In addition, the plaintiff in the court session will need to prove the infliction of certain physical, mental suffering, which must be confirmed by documents from a medical organization.
Compensation for non-pecuniary damage is usually implemented through the courts, since the parties on their own cannot reach an agreement on the fact of causing any suffering and the amount of compensation. In this case, the basis for such compensation is the commission of certain illegal actions in relation to the plaintiff himself, his property. However, the very fact of damage to property or health does not automatically indicate the moral damage caused. The physical and mental suffering will also need to be proven, and the obligation of such proof is legally assigned to the plaintiff, who asks for a certain amount as compensation.
Documents confirming the commission of unlawful acts
To go to court for the recovery of moral damage, first of all, documents will be required confirming the actual commission of certain unlawful actions by the tortfeasor. As a rule, such actions are the infliction of property damage, harm to health, the sale of low-quality goods, the provision of low-quality services. The actual damage caused by the relevant actions can be recovered before applying for compensation for non-pecuniary damage, but most often the relevant requirements are set out in one statement of claim. In any case, all documents confirming the circumstances of a particular incident or violation must be attached to a claim for compensation for moral damage.
Documents confirming the infliction of moral harm
Also, the plaintiff will need to submit documents that confirm the infliction of physical or mental suffering as a result of the unlawful actions by the defendant. In judicial practice, such documents are recognized as medical certificates and opinions, confirmation of the cost of purchasing drugs and medical devices. At the same time, there should be a clear causal relationship between illegal actions and the resulting consequences in the form of deterioration in health. In addition to medical documents, testimonies from colleagues, friends, family members, confirming the onset of a depression, insomnia, stress, the presence of moral experiences and other circumstances indicating the actual infliction of moral harm, can be presented. These documents must be attached to the statement of claim in court.
