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.)
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.
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.
Your assessment of moral damage is always subjective, regardless of the amount you think you caused moral damage is objective or not.
Advice 2: How to calculate the price of the claim
The price of the claim – the amount that wants to the plaintiff following the hearing. It depends on the jurisdiction of the dispute and the size of the state duty payable when filing a claim. The price of the claim – a required element of the claim, without it, it can be left without movement. The plaintiff defines its size alone, this results in the calculation.
You will need
- Supporting documents: receipts, checks, estimates, payslip
To determine the price of a claim, it is necessary to calculate the recoverable amount, i.e. the amount of damages, expenses, lost wages, etc. To justify the price attach supporting documents: receipts, checks, estimates, payslip. At a price of up to fifty thousand rubles, dispute the jurisdiction of the magistrate. Moral harm is estimated from internal beliefs.
When collecting the periodic payments, the price of the claim is defined as the sum of payments for the year. If you requirement to decrease the size of the payments, you can calculate the amount by which they were reduced for the year.
In claimx for recovery of property, the recognition of property rights should determine the value of the property. It can be taken, based on the inventory valuation report by an independent appraiser of the market value. If the owner – organization, that is based on balance.
In challenging the document by which the collected amount, for example, the decision of the tax authority, you need to sum up the arrears, penalties and interest.
In the petitionary part of the claim must specify separately the amount of each separate requirements. For example, the claimabout restoration on work, determine the size of payment for forced absence, the size of moral harm.
It should be remembered that in the case of the apparent disparity between the claim and the real value of the required property, the court is entitled to determine its own.
In order to reduce the amount of the registration fee you can first reduce the size of the claim, and in the course of the proceedings to increase the price of the claim.
Advice 3: How to prove in the court of moral damages
In addition to causing harm to health or property, may take place and moral harm. To recover compensation for moral damage in court, you must submit certain evidence.
Analyze what exactly expressed caused you emotional harm. In accordance with the Resolution of Plenum of the Supreme court of the Russian Federation No. 10 dated 20.12.1994, it can be expressed, for example, the loss of work; loss of ability to lead an active life; the disclosure of medical secrets, family secrets; suffering in connection with loss of relatives; deprivation or temporary restriction of rights; physical pain. This is an indicative, but not exhaustive list. Physical suffering is commonly understood negative impact on human health, a morality – a set of experienced negative emotions.
Think about what to justify moral damages in advance, at the stage of preparation of the lawsuit in court. The more evidence of his physical and moral suffering collect, the better. Physical pain, for example, can be confirmed by the extract from a medical card received in the district hospital. Of course, in order for the relevant record appears in the medical record, should be timely to go to the local doctor-the therapist with the health complaints. During the visit, ask the doctor to put in the map cause of the ailment or aggravation of the incident – the actions of the person from whom you will recover non-pecuniary damage.
If you can't provide the court with documentary evidence of the moral harm it is possible to confirm the testimony of persons who observed your suffering.
Besides the physical and moral suffering justify a causal relationship between them and the actions of the defendant. For example, if the fault of the neighbors who lives on the floor above, there was a flooding of your apartment, family members can attest that in this moment you was thrilled and began to complain of pain in the heart. Aggravated heart problems confirm also the extract from a medical card.
Kompensiruet moral damage in monetary terms. In each case, the amount of compensation is determined individually. You'll have to explain to the court why ask to recover from the defendant, for example, a hundred thousand rubles, and not a particular amount. Consider strong arguments to substantiate the claimed amount of compensation.
Compensation of moral harm by articles 151 and 1099-1101 of the civil code. Moral harm is the physical and mental suffering. This category only applies to natural persons in favour of organisations for moral harm shall not be collected.
Advice 4: How to recover non-pecuniary damage
When applied to physical or moral suffering, can recover from the offender, compensation for moral harm. For this written statement. It specifies the desired amount, which can be obtained as a result of the hearing . Statement sent by mail with return receipt requested or in person is submitted to the court located at the place of residence of the defendant.
You will need
- - the civil code of the Russian Federation;
- - personal data, address of the defendant;
- the details of such court;
- - passport;
- - documentary evidence.
First, read through the articles 150, 151 of the civil code, which describe situations in which it is possible to recover from the offender monetary compensation for the caused sufferings (physical, moral). If the case is included in this list, start writing the complaint.
Before creating the document, find out the address of residence, personal data of the Respondent. Consider the following. A legal person may be non-pecuniary damage. Therefore, on behalf of the company you claim to write can not, as the court does not consider such cases. Because they are contrary to its content legislation.
Find out the exact address, name of the judicial organ at the place of residence of the offender. You may apply only in this court. In the right corner fill in the full name of the court, its address.
Now write your personal data, address of residence, telephone number. Then specify the surname, name, patronymic of the defendant, the address of his residence, including the index.
In the middle write the title of the document. Then describe in detail the circumstances under which there was a situation in which you caused physical, mental suffering. Refer to real facts, to legislative acts.
For example, had suffered injury in connection with the attack dogs of the owner which you are applying. Accordingly, you should be holding the certificate of the medical organization, which describes the injuries resulting from the incident of the situation. When caused by moral suffering, with the evidence side of things are much more complicated. You need to find two or three witnesses who can testify in your favor.
Write the amount you wish to receive as a result of the trial. Of course, millions you no refund, limit the amount of two hundred thousand. Enter the list of documents attached to the statement are evidence of causing moral harm. For example, a certificate from the emergency room or a clipping from a newspaper, magazine, (in the case of the application of moral suffering with the journalist who wrote an article about you, the contents of which porositsa your good name).
Sign, date, write your personal information. Seal the application with the copies of the documents in the envelope, send by post with acknowledgment of receipt. After two or three months at your address will receive a summons to court. Before the meeting, hire a competent lawyer who will represent your interests.