Compensation for non-pecuniary damage
Compensation for moral harm is possible in the presence ofa number of factors and events that can sometimes happen in the life of absolutely every citizen of our country. First of all, it concerns the psychological state of a person who, as a result of some incidents, loses the ability to lead a full life and perform his daily functions. Similar moments arise in the case of the loss of immediate family, the transfer of physical pain and the moral feelings obtained for this reason in the form of stress, experiences caused by the dissemination of information about a person, as well as the disclosure of his family or other secrets. In these cases, any citizen can apply to the court, and already he will make reparation for moral damage to his health.
Laws governing processescompensation or compensation for non-pecuniary damage, are mostly contained in civil law. Additional information also contains Decree of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 No. 10 "Some issues of the application of legislation on compensation for moral harm", as well as the Law "On Mass Media", which has been operating in the territory of our country for a long time. It is worth noting that today compensation for moral damage occurs exclusively in cash. And the amount of the claim in this case is not related to other compensations if they are available. For example, moral harm can not be calculated in strict accordance with the amount of losses caused to the victim. But the question arises - how do you calculate the amount of moral damage?
When considering a claim containing a claim forcompensation of moral harm, courts take into account a number of aspects. This concerns a thorough medical examination of the victim, a psychological evaluation by the specialists of his condition, a study of the details of the circumstances specified in the claim. An obligatory measure in this case is a special examination. It is in view of all these circumstances that it is possible to determine the amount necessary to compensate for moral damage. It is worth noting that the overestimated amount can be immediately rejected by the judge, although we often see in the news and films how moral damage is compensated in the capitalist countries, where for even a little hint of violation of human rights it is possible to seize not one million dollars.
But this is possible only abroad, but here we haveother laws and other attitude to moral damage, so do not forget about it. It is worth mentioning one more important point, concerning compensation of moral harm. The fact is that in this case the law does not provide for the limitation period. Limitations in this situation also do not exist. However, judging by the results of judicial practice over the past years, it can be concluded that the statements about events that occurred more than three years before the process of drawing up the claim are not considered by the courts. Therefore, if you think that in this or that situation you have been wrongly or humiliating, then you do not need to postpone the statement of claim in the back box. For example, the compensation for moral damage in an accident must immediately be specified in the proceedings. Otherwise, it will be difficult for you to prove anything, and without proof you will not be able to collect moral damage.
It is worth mentioning one more important aspect,which must be paid attention. The procedure for considering a case of compensation for a particular moral damage usually takes quite a long time, and a number of additional actions are required on the part of the victim. Given the morale of the victims in this case, each of them can be advised to initially obtain the support of someone from the assistant who will take the results of the examination and deliver additional documents.