Compensation for non-pecuniary damage

Compensation for moral harm is possible if there are a number of factors and events that can sometimes happen in the life of absolutely every citizen of our country. First of all, this concerns the psychological state of a person who, as a result of some incidents, loses the ability to lead a full life and fulfill his daily functions. Such moments arise in the event of the loss of immediate family members, the transfer of physical pain and the resulting moral experiences in the form of stress, experiences caused by the dissemination of any information regarding a person, as well as the disclosure of his family or other secrets. In these cases, any citizen can go to court, and he will already pay compensation for moral damage to his health.

The legal norms governing the issues of compensation processes or compensation for non-pecuniary damage, for the most part, are contained in civil law. Additional information also contains the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 No. 10 β€œSome issues of the application of the legislation on compensation for moral harm”, as well as the Law β€œOn the media”, which has long been in force in our country. It is worth noting that today compensation for moral damage occurs exclusively in cash. Moreover, the amount of the claim in this case is not related to other compensations, if any. For example, non- pecuniary damage cannot be calculated in strict accordance with the size of the losses caused to the victim. But this begs the question - how to calculate the amount of moral damage?

When considering a claim containing a claim for non-pecuniary damage, the courts take into account a number of aspects. This applies to a thorough medical examination of the victim, a psychological assessment by specialists of his condition, the study of the details of the circumstances indicated in the lawsuit. A mandatory event in this case is a special examination. It is with all these circumstances in mind that we can determine the amount necessary to compensate for moral damage. It is worth noting that a too high amount can be immediately rejected by a judge, although we often see in news and films how moral damage is compensated in capitalist countries where more than one million dollars can be sued for even a small hint of human rights violations.

But this is only possible abroad, and here we have other laws and a different attitude to moral damage, so do not forget about it. It should be noted another important point regarding compensation for non-pecuniary damage. The fact is that in this case the law does not provide for a limitation period. Restrictions in this situation also do not exist. However, based on the results of judicial practice over the past years, it can be concluded that statements about events that occurred more than three years before the process of filing a lawsuit are not considered by the courts. Therefore, if you think that you were wrong or humiliating with you in a particular situation, then you do not need to put the statement of claim in a distant box. For example, compensation for non-pecuniary damage in case of an accident should be immediately agreed upon during the proceedings. Otherwise, it will be difficult for you to prove anything, and without evidence to recover moral damage will fail.

It is worth noting another important aspect that you need to pay attention to. The procedure for considering a case for compensation for one or another non-pecuniary damage usually takes a lot of time, and a number of additional actions are required from the victim. Given the morale of the victims in this case, each of them can be advised to initially enlist the support of one of the assistants, who will collect the results of the examination and deliver additional documents.


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