Practicing lawyer said that such non-pecuniary damage, in some cases, you can file a claim for compensation for non-pecuniary damage and how to do it correctly.
Irina Fast
Lawyer, member of the Russian Association of Lawyers. Legal experience - over 20 years. Specialization - reparation.
What is the moral damage?
Non-pecuniary damage - are physical (pain, dizziness, dyspnea, etc.) and mental (anxiety, depression, hurt) suffering that a person experiences when encroach on his non-material benefits and moral the rights.
Governed by articles 151, 1100, 1101 of the Civil Code of Russia, as well as a number of decisions of the Plenum of the Supreme Court.
In some cases it is possible to compensate for moral damage?
Intangible benefits and personal rights of the citizen include:
- life and health;
- privacy;
- freedom of movement;
- personal and family secrets;
- honor, dignity and business reputation.
To compensation for moral harm can be expected, if violated any of these rights.
In some cases, non-pecuniary damage is compensated by far, even in the absence of fault of the causer. For example, when causing harm to life and health in road accidents, as a result of unlawful conviction, in connection with the dissemination of information discrediting business reputation.
Where to go for non-pecuniary damage?
- To offender. Better writing: Describe the circumstances suggest the amount of compensation.
- To court. If it does not agree, the only authority to solve this kind of issue is the court.
How to file a claim for compensation for moral damage?
Jurisdiction: Lawsuit served in the district court at the defendant's residence or place of residence of the victim.
national duty300 rubles (many courts free of plaintiffs in cases involving compensation for damage from the payment of state duties to life and health).
limitation period: missing. You can file a claim at any time after the attacks on non-material values or moral rights.
Required documents:
- Confirming the event. For example, if we are talking about the accident, the certificate from the traffic police, the decision of the investigating authorities, and so on.
- Confirming the correctness of the choice of the defendant. The culprit is not always necessary to the defendant. So, for the child's parents are responsible, and for the employee - employer.
- Supporting personal injury (medical certificates), or disclosure of personal secrets (eg, a screenshot of the page in social networks).
- Confirming the presence of physical and moral suffering. For example, the psychologist concluded.
If you are unable to get any document, ask the court for help in his vindication.
How to proceed in court?
The trial - it's hard. Moral damage is necessary to prove, and it's not easy when it comes to the pain of the death of a loved one or stress due to tarnished reputation.
Therefore, first and foremost advice: supply of quality evidence. The more, the better. If the background of experiences had to lie in the hospital, turn to psychologist or psychiatrist, be sure to take the appropriate reference. If your experiences were witnessed close, ask them to speak in court.
Tip number two: Be ready to relive the incident. Recently there was a tendency in the courts to require the plaintiffs themselves have come personally to retell the circumstances of the tragedy, what is manifest suffering.
The third piece of advice: do not neglect the settlement agreement. If a defendant offers to conclude a global deal on an adequate amount, do not give up. Sometimes, the settlement agreement can be obtained more than by a court decision.
How much can you get for moral damage?
Multimillion-dollar payments for non-pecuniary damage - Hollywood tale. Russian reality is that for the experience not taken to collect a lot.
The average value of non-pecuniary damage from the death of a person is 111 thousand rubles.
"Price" offended the honor, dignity, violation of freedom or personal integrity is even lower.
It is no wonder that people do not want to spend time and energy on a penny compensation. According to official statistics of ships in the first half 2017 is considered only slightly more than seven thousand cases of non-pecuniary damages for harm to life and health. Although such cases much more.
When determining the amount of non-pecuniary damage, the Court is not bound by the stated requirements and is guided only by its own discretion, taking into account the principles of reasonableness and fairness. Obviously, the concept of reasonableness and fairness at all different.