Moral damage: how to file a claim in court?

Many, getting into difficult life situations (accidents, disclosure of medical secrets, etc.), completely do not suspect that they have the right to demand compensation for moral damage. Article 151 of this Civil Code clearly specifies what is meant by the definition of moral damage. So, moral damage is a moral or physical suffering caused to a citizen by inaction or illegal actions.

To appeal to the courts it is necessary, first of all, to understand perfectly what is meant by the word "suffering". A depressed mood, tears - this is not a reason to file a claim for payment of compensation for moral harm. According to the law, the circumstances that cause inner feelings can create suffering, loss of (death), inability to participate in public and political life of the society, disclosure of medical secrets, loss of work, deprivation of basic rights and freedoms, physical and psychological pain as a result of road accidents, etc. In the presence of the above circumstances and in the case of a positive decision of the court you will be compensated for moral damage.

In most cases, the moral damage caused by the attacker is accompanied by other articles prescribed in the Criminal Code, TC, CC, AK. In order not to be unfounded, we give an example. You wrote a wonderful song, that is, you are its full owner. After a while in the global INTERNET network, you come across your hit, and as the author is indicated, of course, not your name. Over time, the song you write becomes a national hit, for which decent amounts of money are received. This situation allows you to demand from the plagiarist compensation for the moral damage inflicted on you. The person who encroached on your intellectual property will be charged with criminal liability, as he violated copyright.

To compensate for moral damage, it is necessary to properly submit a statement of claim to the court and provide irrefutable evidence . How to start a trial?

First, it is necessary to draw up a statement of claim, in which your claims to the offender will be clearly stated. Secondly, pay the state fee, the amount of which is 100 rubles. Thirdly, mail a registered letter to the address of the court to which it will be invested: a statement of claim, a certified copy thereof, as well as a receipt for payment of the state duty.

After 2-3 months you will be delivered a summons to appear in court to resolve your case. And, of course, take care of a good lawyer, because it depends on his professionalism and experience, whether you win a case on compensation or not.

As it was written above, the court only considers concrete evidence that you have suffered moral damage. The testimonies of eyewitnesses, that is, witnesses, material evidence, explanations of the parties are taken into account. If during the accident you were physically injured, then submit to the court certificates from the herb, the results of the medical examination, the conclusions of the doctors. In case of a serious mental state, consult a physician with a psychiatrist, in most cases it is his conclusions that become a weighty proof of the fact that you have indeed suffered immense moral harm.

The further course of the proceedings depends on the experience of your lawyer, who must prove at the meeting that the attacker did moral damage with intent on the previously developed plan.

If the court has delivered an acquittal to your abuser, appeal against it. Send the statement of claim to a higher court. Recently, the state of the abuser often acts on the place of the offender, it is practically impossible to prove the guilt, therefore the claims of the affected citizens are very often sent to the Strasbourg court. Fight for your rights.