How to file a claim for compensation for non-pecuniary damage

Many people sooner or later face the need to protect their rights. In most cases, this applies to lawsuits in court related to property damage, material damage, etc. However, it happens that someone affects another sphere of human interests. In this case, you can file a claim for compensation for non-pecuniary damage.

To begin with, it is worthwhile to elaborate on the latter concept. It came to Russia from the West, where it is part of everyday life. In the lexicon of our compatriots, the words "compensation for moral damage" appeared not so long ago. However, in the legislation, some points have already been fixed.

For example, in civil law, the concept of "moral harm" is interpreted, first of all, as suffering moral, experienced by a person, and only then associated with them physical. Proceeding from this, it is worth noting that a legal entity can not file a lawsuit in this regard, since the word "morality" does not apply to it.

When filing a claim for compensation for moral harm, it is worth considering that later this fact will need to be proved. That is, you need to have confirmation that the victim really suffered, and this is quite difficult. The court will need to produce material evidence. It can be medical certificates and documents, in which all the consequences of trauma, both physical and mental, should be indicated. Here you can attach an extract from the medical history. Do not interfere in these documents a certificate of stay in the hospital (if it took place), etc.

The claim for damages is better to be made after consultation with a competent lawyer who can see and tell the most advantageous points for making a decision in favor of the plaintiff. Most often, the outcome of a court hearing will depend on the degree of guilt of the defendant. But there are reasons why this will not play a role. This includes, for example, the infliction of harm to health by sources that have an increased risk (transport, machinery, poisons, electricity, etc.). It also condemns the dissemination of knowingly incorrect information, which can discredit the reputation (personal or business), dignity and honor of the plaintiff.

The statement of claim for damages is a very important document for defending your interests. In this case, not only its content, but also its form matters. In the upper right (as in most official documents), the corner is usually prescribed the name of the body into which the paper is directed, the personal data of the plaintiff and the defendant (name, address, telephone number).

The monetary size of the requirements is an equally important nuance. It is better to determine it in advance. Of course, no one will give a guarantee that the claim for compensation for moral damage will be satisfied, and the decision will be made in favor of the victim, after which he will be paid the entire amount requested. However, qualitatively evaluating the damage (with the given evidence) can be secured by the fact that the defendant will not initially be understated requirements. The most competent to determine the size of the amount will help a specialist who also helps not overestimate this figure (which often adversely adjusts the court in relation to the plaintiff).

In the statement itself, it is necessary to describe in detail, relying on the documentary base, how and when the victim was harmed. Next, it should be indicated which harm to the physical and moral health of the plaintiff was inflicted, as well as its consequences. At the end, a list of the attached documents is provided, which is evidence of the victim's words. The claim for compensation for moral harm is more likely to win if all the papers are properly and correctly decorated. To do this, you can apply to a lawyer, and information about the payment of his services is subsequently attached to the case.