How to calculate the moral damage

Moral harm is not touched, it cannot be felt, but can only be experienced. So very often when calculating moral damages are used all the material losses incurred by the victim in the Commission against him of illegal actions.

You will need

— supporting documents for the costs treatment;
— copy of medical card with the assigned diagnoses;
— a document to confirm the injury (certificate from the emergency room, etc.)

Instruction

First you need to determine what losses you have suffered as a result of the Commission of your unlawful actions. Be sure to keep all supporting documents, they will need to evidence in court (receipts from pharmacies, services from doctors, therapists). Can also be fixed when the witness calls an ambulance, calls the local doctor to the house. In General, everything that confirms your suffering, the loss of function.

The amount of moral harmand that you can require to recover from the defendant, depending on the amount of the claim in the main case. For example, if you are trying to get money for the defective product, the value of 10 000 rubles, it is not necessary to demand compensation of moral harmand RUB 100,000. The heavier your suffering and bodily injury (for example, in an accident, fight etc.) the more the amount can ask.

Accurate calculation of moral harmand is not specified in any law of the Russian Federation. According to judicial practice, the amount can only be assigned by the court. Depending on the circumstances it can vary from 100 rubles to several hundred thousand. The judge in the decision in the matter shall in the first place, case materials, evidence-base and evidence.

Physical and mental suffering — that's the category for the assessment of moral harm. Physical suffering — pain, nausea, itching, etc. mental suffering — fear, anxiety, pain, etc. the Degree of suffering depends on the personality of the victim, from its perception.

Compensation for moral harmand possible only in case of positive outcome of the underlying case in court, i.e. if fully proved the guilt of the defendant.Compensation for moral harmand is designed to eliminate negative emotions and feelings of the victim, the court differentiarum the amount of financial harm. Also take into account the nature of suffering, taking into account psychological peculiarities of the personality of the victim, the degree of fault of the causer of harmand the criteria of reasonableness and fairness.

Note

The judge in the proceedings and the decision is always based only on objective facts, so the amount of compensation for moral damage, is always less than the amount requested by the victim.

Useful advice

Your assessment of moral damage is always subjective, regardless of the amount you think you caused moral damage is objective or not.

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