How to get compensation for moral damage

What is non-pecuniary damage?

Moral harm is physical (pain, dizziness, choking, and so on) and moral (fear, depression, resentment) suffering that a person experiences if his intangible benefits and personal moral rights are infringed upon.

It is regulated by Articles 151, 1100, 1101 of the Civil Code of Russia, as well as several resolutions of the Plenum of the Supreme Court.

In what cases can moral damage be compensated?

Intangible benefits and personal non-property rights of a citizen include:

life and health;
privacy;
freedom of movement;
personal and family secrets;
honor, dignity and business reputation.

Compensation for non-pecuniary damage can be counted on if any of these rights are violated.

In some cases, non-pecuniary damage is compensated unconditionally, even in the absence of the fault of the perpetrator. For example, when causing harm to life and health in an accident, as a result of unlawful conviction, in connection with the dissemination of information discrediting business reputation.

Where to go for compensation for moral damage?

To the offender … Better in writing: describe the circumstances, offer the amount of compensation.
To court … If an agreement does not work out, the court is the only instance to resolve such issues.

How to file a claim for compensation for non-pecuniary damage?

Jurisdiction: the claim is filed with the district court at the place of residence of the defendant or at the place of residence of the victim.

State duty: 300 rubles (many courts exempt plaintiffs in cases of compensation for harm to life and health from paying state duty).

Statute of limitations: absent. You can file a claim at any time after an infringement of intangible goods or personal non-property rights.

Required documents

Confirming event. For example, if we are talking about an accident, then a certificate from the traffic police, a resolution of the investigating authorities, and so on.
Confirming the correctness of the choice of the respondent. The culprit is not always the right defendant. So, the parents are responsible for the child, and the employer for the employee.
Confirming harm to health (medical certificates) or disclosure of personal secrets (for example, a screenshot of a page in social networks).
Confirming the presence of physical and mental suffering. For example, the conclusion of a psychologist.

If you cannot get hold of any document on your own, ask the court for assistance in obtaining it.

How to proceed in court?

The litigation is hard. Moral harm has to be proven, and it's not easy when it comes to pain from the death of a loved one or the stress of a tarnished reputation.

Therefore, the first and foremost advice: stock up on quality evidence. The more, the better. If, against the background of experiences, you had to lie down in the hospital, consult a psychologist or psychiatrist, be sure to take the appropriate certificates. If loved ones witnessed your experiences, ask them to appear in court.

Tip number two: be prepared to relive what happened. Recently, there has been a tendency in the courts to require the plaintiffs themselves to appear and personally retell the circumstances of the tragedy, in which the suffering manifested itself.

Third tip: do not neglect the settlement agreement. If the defendant offers to conclude a settlement deal for an adequate amount, do not refuse. Sometimes, a settlement agreement can get you more than a court order.

How much can you get for moral damage?

Multimillion-dollar payments for moral damage - a Hollywood fairy tale. Russian realities are such that it is not customary to exact a lot for experiences.

The average value of compensation for moral damage from the death of a person is 111 thousand rubles.

The "price" of insulted honor, dignity, violation of freedom or personal integrity is even lower.

It is not surprising that citizens do not want to waste time and effort on a penny compensation. According to the official statistics of courts, in the first half of 2017, just over seven thousand cases were considered for compensation for moral damage in connection with harm to life and health. Although there are many more such cases.

When determining the amount of compensation for non-pecuniary damage, the court is not bound by the stated requirements and is guided only by its own discretion, taking into account the principles of reasonableness and justice. Obviously, the concepts of rationality and justice are different for everyone.