COMPENSATION FOR MORAL DAMAGE
The possibility of compensation for moral damages is one of the most common and important non-property rights of every citizen.
Of course, moral experiences and mental suffering are usually impossible to compensate with the amount of money. Causing irreparable damage to health, loss of loved ones, humiliation of dignity, or even disruption of normal life relationships - all this usually entails irreparable negative consequences.
Compensation for non-pecuniary damage is the least that justice can do to protect your rights in such cases.
The best way to obtain compensation for non-pecuniary damage from those who caused it is to sue.
- How to determine the moral damage caused?
Intangible losses are an evaluative concept, and not so obvious in specific situations. Different interpretations and subjective interpretations in practice make it much more difficult to obtain adequate compensation for such damage.
Moral harm can be both physical and mental suffering related to damage to health, destruction of property of the person directly or his relatives, as well as humiliation of honor and dignity or business reputation. The Plenum of the Supreme Court in its Resolution of March 31 , 1995 determined that moral damage also includes suffering due to disruption of normal life ties, impossibility to continue active public life, disruption of relations with others, etc.
- What are the conditions for compensation for non-pecuniary damage?
You have an inalienable right to compensation for non-pecuniary damage from any person who has caused it to you if you can prove three key elements in court:
The fact of moral damage.
Illegal behavior of its perpetrator.
The causal link between the first two points.
- How to determine the amount of damage?
First of all, the amount of the claimed losses must meet the requirements of Part 3 of Art. 23 of the Civil Code of Ukraine:
proportionality of the nature of the violation, taking into account, in particular, the degree of guilt of the authority.
compliance with the depth of physical and mental suffering, their inevitability.
taking into account the requirements of reasonableness and fairness.
Read more about common situations of compensation for non-pecuniary damage:
Moral compensation due to damage to health at work.
In any situation where your intangible rights are violated and non-pecuniary damage is inflicted, remember that you have an inalienable right to compensation. And experienced lawyers of the Podolsk Legal Center will help you with this.
Contact us by phone or CHAT below and we will advise you on your specific situation and, if necessary, will accompany your case in court until successful completion.