Many people sooner or later face the need to protect their rights. In most cases, this applies to lawsuits related to property damage, material damage , etc. However, it happens that someone touches another area of human interest. In this case, you can file a claim for compensation for non-pecuniary damage.
To begin with, it is worthwhile to dwell on the last concept. It came to Russia from the West, where it is part of everyday life. In the vocabulary of our compatriots the words "compensation for moral damage" appeared not so long ago. However, some points are already fixed in the legislation.
For example, in civil law the concept of “moral harm” is interpreted, first of all, as moral suffering experienced by a person, and only then physical ones associated with them. Based on this, it is worth noting that a legal entity cannot sue a legal entity in this regard, since the word “morality” does not apply to it.
When filing a claim for compensation for non- pecuniary damage, it is worth considering that subsequently 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 provide material evidence. This can be medical certificates and documents, which should indicate all the consequences of the injury, both physical and mental. Here you can attach an extract from the medical history. A certificate of hospital stay (if any) does not interfere with these documents, etc.
A claim for damages should be drafted after consultation with a competent lawyer who will be able to see and suggest the most winning points for deciding in favor of the plaintiff. Most often, the outcome of the trial will depend on the degree of guilt of the defendant. But there are reasons for which this will not play a role. This includes, for example, health damage caused by sources of increased danger (vehicles, machinery, poisons, electricity, etc.). It also condemns the dissemination of knowingly false information that may discredit the reputation (personal or business), the dignity and honor of the plaintiff.
A claim for damages is a very important document for defending one’s interests. Moreover, not only its content matters, but also its form. In the upper right (as in most official documents) corner usually indicate the name of the authority to which the paper is sent, the personal data of the plaintiff and defendant (full name, addresses, phone numbers).
The monetary size of the requirements is an equally important nuance. It is better to determine in advance. Of course, no one will guarantee that the claim for non-pecuniary damage will be satisfied, and the decision will be made in favor of the victim, after which he will be paid the entire requested amount. However, by qualitatively assessing the damage (taking into account the evidence provided), you can protect yourself by the fact that the requirements for the defendant will not be underestimated initially. The expert who will help not to overestimate this figure will help to determine the size of the amount most competently (which often negatively sets the court in relation to the plaintiff).
In the statement itself, it is necessary to describe in detail, based on the documentary base, how and when the damage was caused to the victim. Next, it should be indicated what kind of damage 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, which are evidence of the victim’s words, is necessarily given. A lawsuit for compensation for non-pecuniary damage is more likely to win if all the papers are correctly and correctly executed. To do this, you can contact a lawyer, and subsequently attach information about payment for his services to the case.