How to recover compensation for moral damage?

Courts began to decide on compensation for moral damage from the early 90's. The possibility of compensation for moral damage is fixed in the Civil Code of the Federation (GA RF).

What is moral hazard?

Article 151 of the Civil Code states that a physical or mental suffering inflicted on the citizen actions that infringe on its intangible benefits. Themselves are intangible benefits are listed in the previous part, the 150 th article of the Civil Code. These include life and health, personal integrity, honor and good name, the right of free movement, choice of residence, the right of attribution and other moral rights.

At the same time, moral hazard can not be caused by legal persons. After all, it is clear that the physical and moral suffering for legal entities is impossible.

A typical example of moral damage is publicizing in the media discrediting the national data which do not correspond to reality. Another example would be remiss of public services: if a man slipped on the sidewalk is not brushed and was injured, apart from the obvious harm and moral harm.

Perhaps, having read this far, you've remembered a long injury and came to seek compensation through the courts. Then, to first determine how you will prove the fact of physical or mental suffering. With the physical suffering is easier: they can confirm the extract from the history of the disease, a certificate of temporary incapacity. Worse than the suffering of the moral. Of course, you can make a video, painting your own sobs, but it is better to such extravagant ways not to use - our post-Soviet judges can understand you correctly. Limit the testimony of two credible witnesses.

Then decide what your moral rights violated the abuser. Desirable to find evidence supporting a causal link between the actions of the abuser and will come for you the consequences.

Do not forget to read the Civil Code article 1100, which refers to the grounds for non-pecuniary damage. There are a number of cases where non-pecuniary damages should be compensated regardless of whether guilty or innocent of your abuser. For example, if the harm caused to health national source of danger (and thus the source is a car, tower crane, and even the neighbor's dog).

After that, learn the current location of the offender (defendant) and sit down to write a statement of claim. Of course, you can entrust this matter to counsel, but not better for a little effort to punish the offender and write a statement of claim with his own? The more so because it is written in an arbitrary manner and samples of claims is easy to find on the Internet.

The amount of compensation for moral damage is indicated by the plaintiff. However, be aware that such compensation (in accordance with Art. 1101 Civil Code) is carried out in cash. Therefore do not require replacement of their suffering "Rolls-Royce, a yacht or a villa on the Cote d'Azur, forget the millions of dollars, but rather modestly specify the amount of one hundred thousand rubles. The exact amount the court determines, most likely it will be less than what you are asking.

Then everything is simple. Learn details of the appropriate court (usually the court on the defendant) and pay a state fee in the bank - 10% of the minimum wage. Then put in an envelope lawsuit, a copy of a receipt for payment of registration fee, and send it all by registered mail (best return receipt requested) to the court.