Moral harm is the experience and suffering that a person has suffered as a result of the violation of his rights. Experiences and suffering are intangible concepts, therefore, certain difficulties arise when assessing moral harm. A person can estimate the inflicted it at both 1,000 and 1,000,000 rubles. What is the correct way to assess moral harm?
Necessary
- - copies of receipts for the purchase of medicines at the pharmacy;
- - copies of sheets from the medical record with the diagnosis;
- - copies of the court decision on the case;
- - a copy of the statement to the police, to the Society for the Protection of Consumer Rights, for illegal actions.
Instructions
Step 1
In order to transfer the concept of moral harm from the moral sphere to the material sphere, you will need documentary evidence of all the costs of treatment you have incurred, etc. Determine for yourself the amount of harm that you will recover from the defendant in your case. Use common sense when doing this. if you ask for an amount of 1,000,000 rubles, of course the court will refuse you. The amount of non-pecuniary damage should be reasoned, and not just named.
Step 2
If you have a dispute with the defendant about compensation for moral damage, go to court with a statement of claim for compensation for moral damage. Attach the following documents to the application: calculation of the damage received, a copy of the statement of claim, evidence on the merits of the case, a receipt for payment of the fee for the consideration of the case by the court. Whatever amount you estimate your moral harm, the final amount of harm will be made by a court decision.
Step 3
After making a ruling on the case, the court will assign the amount of damage to be paid from the defendant. The amount can be paid in a lump sum, or in installments. If the defendant refuses to voluntarily pay the amount assigned by the court, you can contact the bailiffs.
