How to write a claim for moral damages

Any Russian citizen has the right to address in court with the requirement about compensation of moral harm caused to him by the defendant. But the complexity of determining the size of the caused damage and making a claim are forced to seek the assistance of experienced lawyers. Of course, they have invaluable experience that allows us to soberly assess the amount of damages and to sue, which gives hope for making a positive decision. But the claim statement you can make yourself.

How to write a claim for moral damages
How to recover from a neighbor for moral damages
How to write a claim for damages
How to recover non-pecuniary damage

Instruction

Special requirements to the form of the statement of claim, no. It can be in simple written form. More stringent requirements apply to the content of the claim, listed in article 131 of GPK of the Russian Federation. Violation of these requirements entitles the court to refuse consideration of the claim under article 136 of the Civil Code of the Russian Federation.

Check out samples of claims, which are many available online. We should not rely on their absolute correctness. Here, probably, you'll appreciate the visual range of the document, based on which, in accordance with the provisions of article 131, you can start drafting a document.

Complete the introductory part. There are several items required to specify in the complaint. Write in the upper right part of the sheet the name of the court in which the claim is filed. Below enter last name, first name, patronymic and home address of the defendant. Immediately under it own details in the same format. The amount of the claim (material damage) is also indicated in this part of the document. In the center of the sheet, place the title of the document, and underneath, describe in a few words the essence of your treatment.

The body of the application start with a description of the reasoning part. It must contain a description of the rights violated, with references to specific articles of the legislation of the Russian Federation. Describe exactly how you have suffered, and the circumstances in which occurred for the named event. Bring proof of your innocence. Report the attempts of peaceful settlement of dispute, if any, was taken.

Contact the court to confirm the legality of your claims and to recover from the defendant the said sum for the moral damage. In the final part, place the section with the applications, which list all the documents that you must present to the court before the hearing your case. It is primarily the receipt of payment of state duty and copies of the statement of claim by the number of participants in the case. In addition, please attach documents which in your opinion may need during the course of the proceedings - calculation of the amount (which was assessed moral damages), certificates, witness statements, etc. for your signature, decipher it in parentheses and indicate the date of the document.

Is the advice useful?