Advice 1: 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.
How to calculate the moral damage
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
1
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.
2
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.
3
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.
4
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.
5
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.

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.
How to calculate the price of the claim
You will need
  • Supporting documents: receipts, checks, estimates, payslip
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.
Note
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.
Useful advice
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 the moral damage

When filing the claim with requirements about compensation of moral harm, there is a lot of difficulties with the definition of evidence as to establish the fact of causing of the specified harm, and to determine the amount of his compensation.
How to prove the moral damage
Instruction
1
The concept of "moral damage" is mentioned in various legislative acts of the Russian Federation. Thus, article 151 of the RF Civil code establishes that the moral harm is physical or mental suffering caused by actions violating the personal non-property rights or encroaching on other intangible benefits of the citizen.
Turning to the court with claims about compensation of moral harm, it is necessary to prove the fact of causing of moral and physical suffering, the guilt of the wrongdoer, as well as the causal link between the actions of the causer and the resulting harm.
2
In cases of compensation of moral harm can be used by all means of proof provided for by article 55 of the Civil procedure code of the Russian Federation: explanations of parties and third parties, testimony of witnesses, written and material evidences, expert opinions.
All evidence must meet the requirements of relevance and admissibility.
3
The fact of infliction of physical suffering that caused the incapacity for work, disability, etc., the courts tend to accept the indisputable evidence of causing moral harm. In this case it will be supported by information from hospital, clinic, medical history, Protocol on administrative offence, explanations of the plaintiff, the act of medical examination, the forensic medical expert.

The court believes that the more serious the harm, the stronger the physical suffering experienced by the victim.
When proving pecuniary damage in the form of physical suffering must convince the court that the applicant experienced severe physical pain, which is confirmed by documents or testimony.
4
In the Commission against the plaintiff of a criminal offence in the field of life and health, moral harm is compensable in law.
5
Evidence of infliction of moral harm in connection with the slander and insults can be evidence, audio, video or written document if the insult is expressed in written form.
6
At causing of property harm, for example, when stealing things dear not at a cost, in connection with the importance for the victim to prove the moral damage and to justify the amount of compensation subject to reimbursement, if the submit evidence to the court that the person sought help from a psychologist, psychiatrist, medical institutions with complaints to health disorder.

However, the certificate from the hospital about the treatment still does not indicate the presence of moral injury. It is necessary to prove a causal relationship between the event and the harm caused. In such cases, you should make sure that the medical references necessarily indicate the cause of the illness– the fact of causing of moral harm, it is precisely due to the experienced events had any health problems. You need to pay attention of physicians, for example, loss of sleep, constant state of anxiety and to tell in what the reason of such concern.

Evidence of strong emotions can be feeling unwell, loss of appetite, apathy, nervousness, depression.
7
In cases of unlawful conviction, criminal prosecution, be applied as a preventive measure of detention or imposition of an administrative penalty in the form of arrest or corrective works, proofs of causing of moral harm is going to be the acquittal of the court, the ruling on termination of criminal case on rehabilitating grounds, etc.
8
In case of loss of a loved one you need to prove the closeness of family ties, the nature of the relationship between the applicant and the deceased relative, joint if they lived, they did a common household, whether had common interests, friends and often saw each other, etc.
9
For causing of moral harm is also evidenced by the inability to continue an active social life, familial, medical secret, distribution of false information discrediting the honor, dignity or business reputation of the citizen, etc.
Useful advice
Given that the psyche of each person is different, the same event differently perceived by the people it is advisable in the course of the judicial proceedings take into account the opinion of an expert psychologist on attraction which may apply and the applicant.

One of the most important evidence of infliction of moral harm, are evidence of the feelings experienced by the Complainant in connection with the fact of the injury. Especially valuable is the testimony of the staff of medical institutions that have assisted in overcoming the consequences of harm to mental health.

Advice 4: How to determine moral damages

Moral damage is the monetary value of the harm (physical or moral suffering) that was caused to the citizen by illegal actions of other persons who have violated his moral rights. One of the manifestations of moral damageand are experiences that are usually associated with various kinds of disease occurred on the background of mental suffering for the violation of rights.
How to determine moral damages
Instruction
1
In the Civil Code of the Russian Federation (article 151) defined the concept of "moral damage". The legislator interprets it as "physical and moral suffering." This means that the consequences of illegal acts should affect the mental or physical condition of the victim. This list includes various kinds of mental disorders, other General deterioration of health resulting from moral experiences. Main thing that caused the mental suffering were causally related to the incident of illegal acts.
2
Requirements about compensation of moral damageand submitted to the court together with the claim about compensation of material damage that was caused by crime. The statement should clearly indicate what kinds of moral suffering was caused, and what consequences they entailed, how much (in monetary terms) would you rate these experiences. This needs to be his claim by evidence in which quality can be medical reports, information about the condition, the testimony of witnesses, etc.
3
The question of the size of moral harm is amenable only to subjective evaluation. This issue is resolved by the court, and judges, like other people can assess the same situation differently. Based on the above, the size of moral harm is defined by court on the internal belief based on the evidence submitted by the parties. In practice, the amount of compensation is indicated immediately in the statement of claim, but the court often awards smaller amounts than claimed.
Note
Remember, moral damages may be caused only persons (physical person) and not the enterprise (legal entity). The fact that the enterprise as a whole the subject is inanimate and therefore it can not experience moral suffering.
Useful advice
The issue of compensation for moral damage can be raised at any time, he has no period of limitation.

Advice 5: How to calculate the moral damage

Moral damage occurs due to the loss of non-property because of physical or mental suffering caused by the actions or inaction of another person. But how to calculate the size of moral damageas well?
How to calculate the moral damage
Instruction
1
Moral damage is difficult to calculate. Rather, we can talk about the totality of documents and evidence to prove the facts causing you moral harm. If you decide to go to court with a claim for infliction of pecuniary damage and non-pecuniary damageand prepare for the fact that, in the absence of tangible evidence, the court can reject your claim.
2
Provide evidence of causing moral harm. Such evidence typically includes documented facts of physical and moral suffering (for example, poor health or an inability to continue normal social life).
3
Provide evidence of the wrongful conduct of a person who has caused you suffering. However, if the court finds that such evidence are not only civil but criminal liability, the case is about the illegal actions of the offender of your peace of mind can be severed and transferred to the appropriate court, if it was not previously known. In addition, if you do not have as their goal the attraction of a person, causing you harm, for criminal liability, the case about compensation of moral harm may end not in your favor.
4
Gather evidence supporting a causal, objective relationship between the wrongful behavior of the person causing you harm. For example, if your child was bitten by a dog, and you experience this suffering, then it cannot be the reason for the claim with the requirement about compensation of moral damage. Another thing, if a dog has bitten you and you were forced to take sick leave. In this case, you have the right to demand from the owner compensation for moral damage.
5
The law stipulates that the total amount of moral damagesand cannot exceed 720 the minimum wage (which roughly corresponds to the average earnings over 10 years). However, the unconditional formula which can calculate the moral damagedoes not exist, so use common sense if his assessment that the court has an opportunity to doubt your sanity.

Advice 6: How to evaluate moral damage

Everyone in life is faced with a situation when trampled his honor and dignity, many do not even think about the existence of laws that protect such cases, the injured person. Moral damage occurs when a natural or legal person is losing non-material nature due to moral or physical suffering due to the actions or inactions of another person.
How to evaluate moral damage
You will need
  • To obtain moral damage and evaluate severity.
Instruction
1
Moral damages arises only after there was a moral harm. Assessment of cash compensation for causing moral damageand is calculated individually in each case and primarily depends on the assessment of the victim.
2
Usual quarrel between two people with insults is not a reason for non-pecuniary damageand, as necessary in situations witnesses and public assessment of the circumstances. Therefore, in the event of such an incident should speak with witnesses about testifying in court. As evidence you can provide video or audio recording of the incident of quarrel.
3
Not on every occasion, you can demand compensation for moral damage. For example, harsh criticism of the activities of harm, but is not considered moral damageOhm.
4
If you have suffered moral harm from the abuse of man will be in court to demand the fabulous amount of damagesand the court may wonder about his sanity. Moral damages may be in moral experience, in connection with the death of a close relative, and of the impossibility to continue his public life, and in the disclosure of medical confidentiality, as well as many other reasons.
5
There is a General formula for the assessment of moral damage, but the calculated result will not be a guaranteed result, as the court is taken into account the gravity of the inflicted moral injury and the solvency of the defendant. The maximum amount of compensation for damageand consists of a formally defined at the time of the decision of 720 times the minimum wage and corresponds to the earnings of a person with average income for 10 years.
6
If he has suffered heavy damage to health, the amount should be multiplied by the coefficient 0.8. Accordingly, the amount of compensation will be equal to 576 minimum wages. Beatings are estimated as the multiplication of 720 to 0.025 and equal to 18 minimum wages.
7
In the case of torture over physical face, you need 720 to multiply by a factor of 0.3, in the end, the refund will be equal to the sum of 216 the minimum wage.
Note
Moral damage is not related to material damage.
Useful advice
The lawyers recommend, first of all, pay attention to the solvency of the defendant as this is an important point for a final decision by the court.

Advice 7: 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.
How to prove in the court of moral damages
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.
Note
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 8: 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.
How to recover non-pecuniary damage
You will need
  • - the civil code of the Russian Federation;
  • - personal data, address of the defendant;
  • the details of such court;
  • - passport;
  • - documentary evidence.
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.
6
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.
7
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).
8
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.

Advice 9: 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
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.
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