Material damage is a loss of financial or moral. How to apply for compensation in court correctly
Unfortunately, our society is not perfect, and lifecitizens is often complicated by such troubles as material and moral damage. In order to reimburse the losses, a lawsuit is filed. The practice of legal proceedings shows that such cases are often complicated by the fact that people filing a lawsuit in court do not know the information in full and do not know how to act correctly in this or that situation.
Damage is the loss of all material assetsor their parts as a result of the harm caused, intentional or accidental. For example, as a result of a quarrel with neighbors, a woman had a heart attack, she was hospitalized. In this case, the material damage caused to health as a result of moral harm, neighbors must compensate for the payment for treatment and maintenance during the period of incapacity for work.
How to determine the amount of damage
If damage is caused, whether intentional or unintentional, its amount includes such indicators:
- The cost of lost items or the amount necessary for their repair or purchase.
- Compensation of expenses of the victim for restoration of destructions and breakages.
- The amount of loss from loss of profits.
In what cases is it necessary to exact compensation for damage
Damage is a violation of civil rights, and the right to reimburse it affects all legislative areas. Under the law, citizens have the right to compensation in such cases:
- harm to personal property;
- road accident;
- the refusal of the insurance company to pay the due amount;
- violation of contracts;
- violation of consumer law;
- non-fulfillment of the lease agreement;
- missed deal;
- loss of intellectual property (piracy).
What documents are required to recover material compensation
If the damage is the purchase of a substandard product,you will need a receipt confirming the purchase of the goods or another document indicating the date of purchase and the amount. When filing a statement of claim in court, the application itself, the passport and the claim with the indication of the damage caused will be required. The material damage compensated through the court requires a document on payment of the state fee in a predetermined amount.
How to act in case of damage
Not so important, the damage is damage to property, violation of the contract or consumer rights, the procedure is approximately the same:
- accurate calculation of financial losses;
- drawing up a claim for presentation to the guilty;
- filing a lawsuit in court;
- payment of state duty.
In order to win the court and get a refunddamage, it is necessary to show that the defendant has violated the law and does not want to compensate for the damage. The plaintiff must prove that there is a certain connection between the actions of the defendant and the plaintiff's problems. The amount required from the defendant must be proven, and it is also required to indicate what exactly it will be spent on.
Another important document, which is not alwaysremember the injured citizens - a report that the plaintiff himself was trying to compensate for the losses incurred as a result of the harm inflicted, and how much was spent on it.
The outcome of the court hearings depends on theauthenticity of the facts and evidence of the plaintiff. Practice shows that the correct calculation, clear reasoning and facts presented to the respondent, most often cause the latter to pay damages and not bring the case to court. When calculating material damage, it is worth remembering that the damage can be provable or abstract, moral, which can not be proved documentally. In case of hard to prove damage, it is best for the parties to agree without a trial.