LawRegulatory Compliance

Compensation for non-pecuniary damage

Compensation for moral damage is possible if there are a number of factors and events that can sometimes happen in the life of every citizen of our country. First and foremost, this refers to the psychological state of a person who, as a result of certain incidents, loses the ability to lead a full-fledged life and perform its daily functions. Similar moments arise in the case of loss of immediate family, the transfer of physical pain and the moral feelings obtained for this reason in the form of stress, experiences caused by the dissemination of information about a person, as well as the disclosure of his family or other secrets. In these cases, any citizen can apply to the court, and already he will pay compensation for moral damage to his health.

The legal norms governing the issues of compensation or compensation for non-pecuniary damage are mostly found in civil law. Additional information also contains Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 No. 10 "Some issues of the application of the legislation on compensation for moral harm", as well as the Law "On Mass Media", which has been operating on the territory of our country for a long time. It is worth noting that today compensation for moral damage occurs exclusively in cash. And the amount of the claim in this case is not related to other compensations in their presence. For example, moral harm can not be calculated in strict accordance with the amount of losses caused to the victim. But the question arises - how do you calculate the amount of moral damage?

When considering a claim containing a claim for compensation for non-pecuniary damage, courts take into account a number of aspects. This concerns a thorough medical examination of the victim, a psychological assessment by the specialists of his condition, a study of the details of the circumstances specified in the claim. A mandatory measure in this case is a special examination. It is in view of all these circumstances that it is possible to determine the amount necessary to compensate for moral damage. It is worth noting that the overestimated amount can be immediately rejected by the judge, although we often see in the news and films how moral damage is compensated in the capitalist countries, where for even a slight hint of violation of human rights it is possible to seize not one million dollars.

But this is possible only abroad, but here we have other laws and another relation to moral damage, so do not forget about it. It is worth mentioning one more important point, concerning compensation of moral harm. The fact is that in this case the law does not provide for the limitation period. There are no restrictions in this situation either. However, judging by the results of judicial practice over the past years, it can be concluded that the statements about events that occurred more than three years before the process of drawing up the claim are not considered by the courts. Therefore, if you think that in this or that situation you have been wrongly or demeaning, then it is not necessary to postpone the statement of claim in the back box. For example, compensation for non-pecuniary damage in an accident must be immediately specified in the proceedings. Otherwise, it will be difficult for you to prove anything, and without proof you will not be able to collect moral damage.

It is worth noting and another important aspect, which must be paid attention. The procedure for considering a case of compensation for one or another moral harm usually takes quite a long time, and a number of additional actions on the part of the victim are required. Given the morale of the victims in this case, each of them can be advised to initially obtain the support of someone from the assistant who will take the results of the examination and deliver additional documents.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.unansea.com. Theme powered by WordPress.