Claim for compensation for moral damage

Rules for writing a statement of claim to court

The document must comply with the form established by Article 131 of the Code of Civil Procedure of the Russian Federation and contain the following information:

the name of the judicial authority to which the claim is sent;
personal and contact information of the parties to the process;
description of the circumstances of the incident and information about witnesses who can confirm the fact of the incident;
requirements for the defendant that must be clearly substantiated;
list of attached documents;
personal signature of the applicant or his authorized representative.

The greatest difficulty in drawing up a claim for moral damages is determining the amount of compensation and its justification.

Attention! The amount of compensation for moral damage claimed by the plaintiff may be reduced by the judge if he considers it too high.

When determining the amount of the penalty, a number of factors must be taken into account:

the financial situation of the defendant;
the amount of losses suffered by the applicant as a result of slander, which resulted in loss of confidence in him;
the degree of physical damage and the depth of moral injury;
other possible factors.

The amount of compensation for moral damage caused is a relative value, therefore cases of this type are among the most complex from a legal point of view. Therefore, it is recommended that you consult with an attorney before filing a claim. A specialist will help calculate the amount of claims, justify it, and develop a strategy for protecting the client’s rights in court. He will form an evidence base, draw up documents, determine a list of persons who can be brought in as witnesses, and interview them.

If the applicant decides to protect his interests independently, it is recommended to use a sample claim for violation of moral rights, drawn up in accordance with all the rules of current legislation.

Amount of compensation

The existing legislation of the Russian Federation does not establish the maximum allowable amount of compensation for moral damage caused to a person. According to Art. 151 of the Civil Code of the Russian Federation, a citizen who has suffered moral damage determines the amount of compensation, expressed in monetary terms. The court, when considering the victim’s application, determines how much the amount of compensation corresponds to the level of moral damage caused.

At the same time, the court independently determines the level of moral and physical suffering, based on the individual character of the applicant. Therefore, the main task of the plaintiff is to competently justify the requested amount of compensation for moral damage.

To determine the level of moral damage, the court will focus on the following:

For justice and cold reason. The court will not satisfy the claim if the amount of compensation for moral damage is excessively large.
The judge must take into account the financial support of the accused.

You should not count on the fact that if the defendant is found guilty, then any amount of compensation for moral damage will be satisfied by the court.

Description of harm caused

After experiencing a shock, it is usually difficult for the injured person to gather his thoughts and put on paper all the experiences that he experienced. Therefore, the first thing you should do is collect evidence, for example, medical documents, from which it follows that:

the plaintiff developed apathetic behavior;
he is in a state of neurosis associated with the stress he has experienced;
the plaintiff is depressed;
the victim has problems sleeping, for example, insomnia;
the applicant suffers from loss of appetite and is losing weight;
he developed headaches, anxiety and phobias that had not previously been observed.

If at least one of the listed diagnoses is established, it is recommended to describe in detail how this disease complicates the applicant’s daily life.

Attention! Moral damage is difficult to prove, so you need to try to ensure that the description makes as strong an impression as possible on the members of the court.

It is advisable to point out that the incident in the future may have serious consequences, and today the plaintiff himself and his family members have suffered moral, and possibly psychological, damage.

In relation to the defendant, it is permissible to use words such as immoral, cynical, etc. It is important to indicate how the defendant behaves towards the plaintiff. Perhaps he mocks him, does not repent of his actions, etc.

The following documents can be attached as evidence to the claim for compensation for moral damage:

medical certificates indicating the diagnosis;
sick leave that caused absence from work;
receipts and receipts confirming the purchase of medications, as well as a doctor’s prescription;
certificate of change of residential address;
characteristics compiled by the employer;
administrative protocols recording the fact of the incident;
examination results;
death certificates or documents confirming the identity of a citizen dependent on the plaintiff;
media materials covering the details of the incident;
other evidence.

Attention! As judicial practice shows, the more evidence the plaintiff attaches to the application, the higher the chances of receiving compensation.

If the fact of the incident was not recorded by law enforcement agencies, it will be more difficult to prove the applicant’s case. In this case, the following materials can be included as evidence:

witness statements;
audio recordings of conversations and phone calls;
video recording of the incident;
written threats directed at the injured party.

Attention! The main task of evidentiary documents in cases of compensation for moral damage is to establish a cause-and-effect relationship between the disease acquired by the plaintiff and the actions of the defendant.

As an example of justifying claims for compensation for moral damage, we can consider a case where a doctor made a mistake during surgery or during treatment. This is a serious violation, because the most important thing a person has is his health, which he trusts to specialists. Errors made by a doctor can be critical, and their consequences sometimes haunt the victim for the rest of his life.

In such a case, it is advisable to conduct a forensic medical examination in order to identify facts of negligence on the part of the medical worker at the stage of the proceedings. If the results of the examination confirm the plaintiff’s testimony, moral damages are recognized as justified. Next, the victim should be told how difficult it will be for him to live with this problem, how it will affect his career, and also how family members will suffer from worrying about him. In this case, there is a high probability of receiving compensation in the largest amount.

Law

Today all Russian citizens have the right to compensation for material damage, but to use it it is necessary to comply with legal requirements. Drawing up a claim is considered a standard procedure, and a sample document can be downloaded from open resources or on legal websites.

The concept of actual damage is defined in Art. 15 of the Civil Code, and it arises due to the actions of another person. It may be due to the following circumstances:

property damage;
loss of things or objects;
lack of income;
the need for repair costs.

To present a claim, the applicant must provide evidence that the damage was actually caused by the actions of the perpetrator and the victim suffered physical or moral losses. If the fact of damage is proven, the person at fault will be obliged to compensate the amount of the claims. The amount of compensation is determined by the court. When collecting funds, the legal relations existing between the parties to the proceedings will be taken into account.

Which court should I go to?

To file a claim for compensation for moral damage, you should contact the court of general jurisdiction at the defendant’s place of residence:

to a magistrate - if the application is submitted simultaneously with a claim of a property nature with a price of less than 50 thousand rubles;
to the district court - in all other cases.

The plaintiff has the right to file a claim at his place of residence to consider the following types of cases:

causing harm to health resulting in the death of the breadwinner (such a claim can also be filed at the place where the damage was caused);
illegal prosecution;
violation of rights to protect personal data;
violation of labor rights (the application can also be submitted at the place of execution of the employment agreement);
violation of consumer rights (it is also permissible to file a claim at the place of execution of the contract).

Grounds for consideration of the case

Going to court should be considered as a last resort, which must be used if there is no result from previous attempts. A claim is filed in the following situations:

the defendant does not cooperate;
the claims are ignored;
promises are not kept.

Going to court is often associated with situations where it is difficult for the parties to a dispute to reach agreement on the amount of damage. In some cases, the victim wants to receive compensation that the perpetrator considers too high.

Cost of state duty in 2021

If the statement of claim includes only a demand for payment of compensation for moral damage suffered, the court initiates a case of a non-property nature. In this case, the state duty on the claim for compensation for moral damage must be paid in the amount of 300 rubles.

If this claim is in addition to a claim of a property nature, the amount of the state duty is calculated based on the price of the claim:

up to 20 thousand rubles. — 4% of the claim price, but not less than 400 rubles;
from 20,001 to 100 thousand rubles. — 800 rub. + 3% of the amount exceeding 20 thousand rubles;
from 100,001 to 200 thousand rubles. — 3,200 rub. + 2% of the amount exceeding 100 thousand rubles;
from 200,001 to 1 million rubles. — 5,200 rub. + 1% of the amount that exceeds 200 thousand rubles;
over 1 million rubles — 13,200 rub. + 0.5% of the amount that exceeds 1 million rubles, but not more than 60 thousand rubles.

Attention! To calculate the amount of state duty, it is recommended to use a special calculator located on the official websites of courts of general jurisdiction.

Feeding features

The filing of a claim must be based on truthful and compelling evidence.
The court will reject the claims if it considers the applicant's arguments insufficient. It is recommended that the terms of transactions be supported by an agreement, which significantly simplifies the process of compensation for damage in conflict situations. If the terms of the contract are violated, consideration of the claim does not take much time and the court can immediately make a decision to collect compensation payments. To consider the essence of the issue, the presence of participants in the trial is not necessary.

This is important to know: Agreement of intent for cooperation: sample 2021

Consideration of a claim on a general basis requires more time to make a decision. Often the court requires the participation of the following persons in the process:

plaintiff;
defendant;
witnesses.

The statute of limitations for cases of recovery of material damage according to current rules is 3 years. If we are talking about a claim for compensation for moral damage, then there is no temporary limitation.

Additional materials

Using a sample statement of claim to the court for compensation for material damage to draw up a document, it is necessary to prepare a list of attachments.

May require:

documented confirmation of the circumstances referred to by the applicant;
copies of checks, receipts, other payment documents confirming expenses;
a receipt confirming payment of the state duty in full;
power of attorney, if another citizen acts on behalf of the applicant;
other documents confirming the applicant’s correctness.

If you encounter any difficulties when preparing the paper yourself, you need to contact a highly qualified lawyer.

Video

Documentation rules

If only two persons appear in a legal dispute, the statement of claim must be prepared in triplicate. One completed form is handed over to the court, the second is given to the defendant, and the third plaintiff keeps it. The application can only be issued in two copies. However, it is better to make copies for yourself. This will allow you to operate the data during the trial.

Please note: When submitting a statement of claim to the office, you must mark the registration of documents. Papers may be delivered in person or sent by mail with delivery receipt. To accept the claim for consideration, the loan is given one month.

Participants in the process will be notified of the exact date of the trial by sending summonses. If for any reason the paper was not received, you must contact the court office and check the date. Here it will be possible to resolve the question of what to do with the start of consideration of the claim.