Moral damage: how to file a claim in court?
Many, getting into difficult life situations(Accident, disclosure of medical secrets, etc.), do not at all suspect that they have the right to demand compensation for moral damage. Article 151 of this Civil Code clearly specifies what is meant by the definition of moral damage. So, moral damage is a moral or physical suffering caused to a citizen by inaction or illegal actions.
To appeal to the courts it is necessary, infirst of all, to understand perfectly what is meant by the word "suffering." A depressed mood, tears - this is not a reason to file a claim for payment of compensation for moral harm. According to the law, the circumstances that cause inner feelings can create the suffering that causes inner feelings-loss (death) of the relative, the inability to participate in the public and political life of the society, the disclosure of medical secrets, the loss of work, the deprivation of fundamental rights and freedoms, physical and psychological pain as a result of road accidents, In the presence of the above circumstances and in the case of a positive decision of the court you will be compensated for moral damage.
In most cases, the moral damage inflictedan attacker, is accompanied by other articles prescribed in the Criminal Code, TC, CC, AK. In order not to be unfounded, we give an example. You wrote a wonderful song, that is, you are its full owner. After a while in the global INTERNET network, you run into your hit, and as the author is indicated, of course, not your name. Over time, the song you write becomes a national hit, for which decent amounts of money are received. This situation allows you to demand compensation from the plagiarist for the moral damage inflicted on you. The person who encroached on your intellectual property will be charged with criminal liability, as he violated copyright.
To compensate for moral damage, it is necessary to properly file a statement of claim in court and bring irrefutable evidence. How to start a trial?
First, it is necessary to compile a claimA statement in which your claims to the abuser will be clearly spelled out. Secondly, pay the state fee, the amount of which is 100 rubles. Thirdly, mail the registered letter to the address of the court to which it will be invested: a statement of claim, a certified copy thereof, as well as a receipt for payment of the state duty.
After 2-3 months you will be deliveredsummons to appear in court to resolve your case. And, of course, take care of a good lawyer, because it depends on his professionalism and experience, whether you win a case on compensation or not.
As it was written above, the court only considersconcrete evidence that you have suffered moral damage. The testimony of eyewitnesses is taken into account, that is, witnesses, material evidence, explanations of the parties. If during the accident you were physically injured, then submit to the court certificates from the herbicide, the results of the medical examination, the conclusions of the doctors. In case of a serious mental state, consult a doctor with a psychiatrist, in most cases it is his conclusions that become a weighty proof that you have been dealt immense moral damage.
The further course of the proceedings depends on the experience of your lawyer, who must prove at the meeting that the attacker has done moral damage with intent on the previously developed plan.
In the event that the court issued an acquittalyour abuser, complain against him. Send the statement of claim to a higher court. Recently, on the place of the abuser very often the state acts, to prove the guilt of which it is almost impossible, therefore the claims of the affected citizens are very often sent to the Strasbourg court. Fight for your rights.