Moral harm - what you need to know about it
Compensation for harm to health and property can beget without much trouble. Why? Yes, primarily because it is not so difficult to prove the damage. Convincing judges that the moral damage was also done is much more difficult.
On compensation for moral harm today they saya lot. There are people (especially abroad) who, having managed to prove this fact, otsuzhivali whole states. In our country, things are a bit different, but still moral damage can be compensated.
First of all, we will make a big accent on the fact that it is everyone's right to demand compensation. Also note that this right is based on the law. The main provisions are spelled out in the Constitution and the Civil Code.
It is worth noting that to compensate for moral damagecan only individuals. No organizations can file such suits in court. By the way, this is considered one of the important advantages of doing business as an IP.
Moral harm is compensated not only direct, but also indirect. What is it connected with? It is connected with the loss of immediate relatives and so on.
Most often, indirect harm is understoodmoral or physical suffering caused by illegal actions, due to which in the future a person has lost his ability to work or experienced some discomfort.
In fact, when a person is robbed, he experiencesnegative emotions, not only because they lost their property, but also because they experienced something that did not have a positive effect on his condition. Moral harm in road accidents, doctors' mistakes, unlawful actions of officials and other similar situations is difficult to prove. Evidence as such in most cases is simply not.
A person in life experiences emotionaldiscomfort, but how to determine the very moment when you can really go to court, hoping for a positive result? We need to analyze the situation and identify the main components of moral harm. They include the actions of the offender, the experience of moral harm, the connection of the experience of moral harm with the actions of the offender. Note that the offender's fault must be direct.
Moral damage can be compensated in court. More often than not, issues related to this concept are additional requirements to the main proceedings.
In some cases, understanding the inevitability oflitigation, the offender himself offers the victim a certain compensation for non-pecuniary damage. The agreement is reached - the case is not transferred to the court, and both sides receive what is needed. The transfer of funds or property granted as compensation for non-pecuniary damage is recommended to be fixed in writing. Otherwise, it will be practically impossible to prove the fulfillment of certain actions.
A statement of claim can be drawn up separately orinclude it in the composition of that requirement for the offense, which is the main one. In general, it is necessary to be able to correctly substantiate your position, correctly explain what moral damage was inflicted and the consequences that caused it. The consequences, of course, must be significant. These include the appearance of any physical disorders, the emergence of complexes, a strong negative emotional experience, mental pain, the inability to engage in certain activities, and so on.
The amount of moral damage is determined by the victim,but it is the judge who confirms it. Most often in our country, moral harm is compensated not in the way the drafter of the claim claims wishes - that is, the victim receives less than he expected. Payments are made in money equivalent.