Compensation for moral damage caused for violation of the right to inviolability of honor, dignity and business reputation

Compensation for moral damage caused for violation of the right to inviolability of honor, dignity, and business reputation of an individual has its own characteristics. In order to justify and determine the amount of compensation for non-pecuniary damage, as we have already mentioned in previous articles, the court makes a decision at its discretion.

In fact, the injured party has the right to independently assess the amount of damage, but the final decision is made by the court.

When justifying the amount of moral damage caused and refuting negative statements, it is necessary to collect as much evidence as possible. This may include presenting factual data that contradicts widespread misinformation, testimonies that contradict negative claims, and photographs and videos. However, the court will consider these materials only as evidence of the unreliability of the information, not necessarily taking into account their impact on the amount of non-pecuniary damage that is subject to compensation.

Here the court will rely solely on its own convictions.

Therefore, it is recommended to perform the following actions:

• contact the law firm "Prikhodko and Partners", which will help to conduct the appropriate examinations. First of all, a semantic-philological examination will be required to determine the nature of the disseminated information and the presence of slander and statements that violate the right to inviolability of honor, dignity, and business reputation.
• Then it is necessary to conduct a psycho-sociological examination in order to determine the harm caused to the psychological state of the injured person. These examinations will help to prove at the expert level the unreliability of the information and the amount of non-pecuniary damage.

However, it should be noted that according to judicial practice, even in the presence of these expert findings, the court in 90 percent of cases reduces the amount of moral damage, regardless of the amount claimed. When filing a claim for compensation for moral damage, it is also necessary to take into account that the amount of the court fee will be 1.5 percent of the declared amount of moral damage.

Although theoretically, anyone can try to protect their rights on their own, including in this area, we strongly recommend that you contact a specialist in this field. Contact the law firm "Prikhodko and Partners" to get qualified assistance and support.