Civil action for moral damage

Compensation for Moral Damages is the process of compensating for non-material damages suffered by a person due to the unlawful actions of another party. These may include emotional distress, humiliation of dignity, loss of reputation, stress, and other negative psychological consequences. In this article, we will discuss how to file a civil lawsuit to obtain compensation for moral damages, and we will also provide examples of court cases.

1. What is Moral Damage?

Moral damage refers to non-material losses that arise as a result of illegal actions by another person. These losses may include emotional suffering, physical pain, loss of a normal way of life, or reputation. Compensation for moral damage involves restoring the violated rights of the individual through monetary compensation.

It is important to note that moral damage is compensated based on court decisions, which take into account the circumstances of the case, the nature of the suffering, and its impact on the plaintiff’s mental state. In each case, the amount of compensation for moral damage is determined individually.

2. Grounds for Filing a Lawsuit for Moral Damages Compensation

The right to compensation for moral damages is enshrined in Ukrainian law, specifically in Articles 23 and 1167 of the Civil Code of Ukraine. According to these provisions, any citizen whose rights have been unlawfully violated or who has suffered non-material damage has the right to claim compensation.

The reasons for filing a lawsuit for compensation for moral damages include:

• Violation of personal non-property rights (honor, dignity, business reputation).
• Infliction of bodily harm or causing physical suffering.
• Unlawful deprivation of liberty or detention.
• Unlawful dismissal from work.
• Actions that violate consumer rights.

Such circumstances require a qualified approach when filing a lawsuit, as a civil lawsuit must include clear justification for non-material damages and a solid evidence base.

3. How to File a Civil Lawsuit for Moral Damages Compensation?

Filing a lawsuit for moral damages compensation requires compliance with certain procedural norms. Here are the main steps for preparing a lawsuit:

1. Gathering Evidence: The main requirement for filing a lawsuit is the availability of evidence of moral damage. This may include:
   • Psychological assessments confirming the impact of the event on the plaintiff’s condition.
   • Medical conclusions regarding the physical or psychological consequences.
   • Witness testimonies that can confirm the suffering or humiliation.
2. Description of the Violation: The claim must clearly describe the circumstances that led to the moral suffering, outline the reasons for the harm, and point out the action or inaction of the defendant that caused the damage.
3. Amount of Compensation: It is important to indicate the amount the plaintiff considers appropriate compensation for the moral suffering in the claim. The amount of compensation depends on the degree of moral damage caused and may include various justifications, such as loss of reputation, psychological suffering, or even loss of social connections.

4. Determining Moral Damage in Court

When considering a claim, the court takes into account several important factors on which the amount of compensation for moral damage is determined:

• Nature of the unlawful actions: The more serious the offense, the greater the moral damage.
• Level of suffering of the plaintiff: The court considers the degree of psychological impact and emotional experiences.
• Duration of suffering: The longer a person has suffered, the greater the compensation that may be awarded.

Courts typically use psychological assessments to confirm the level of damage. For example, in case №80244276, the court considered medical certificates and witness testimonies to establish the seriousness of the moral damage inflicted on the plaintiff and ruled in his favor.

5. Judicial Practice on Compensation for Moral Damages

Judicial practice in Ukraine is crucial in determining the amount of compensation for moral damages. For instance, in case №80244276, the plaintiff demanded compensation for moral damage due to emotional suffering caused by the violation of his rights. The court considered the evidence regarding the nature of the violation and ruled in favor of the plaintiff, awarding him compensation.

In similar cases, courts also consider the plaintiff’s social status, psychological condition, and the overall circumstances of the case.

6. Compensation for Moral Damages in Civil and Criminal Cases

Moral damages can be compensated in both civil and criminal cases. In criminal proceedings, the victim has the right to file a civil lawsuit within the case. This allows for simultaneous consideration of the issue of compensation for the suffering and the verdict regarding the offender. According to Article 1173 of the Civil Code of Ukraine, if the actions of the offender caused physical or psychological suffering, the court is obliged to order compensation.

This is particularly important in cases where the individual has been the victim of a criminal offense, such as bodily harm or unlawful deprivation of liberty. In such cases,

compensation for non-material losses may be part of the verdict, allowing the victim to receive compensation without additional legal processes.

7. What Amounts Can Be Compensated?

The court determines the amount of compensation based on the provided evidence. It is important to present medical and psychological certificates confirming the suffering and its impact on the victim’s mental and physical health. Some factors the court considers include:

• Nature of the unlawful actions: whether the actions were intentional and how gross the violation of rights was.
• Level of suffering: the more serious the experiences, the higher the compensation.
• Duration of suffering: if the consequences of the unlawful actions lasted a long time and significantly affected the quality of life, this may increase the amount of compensation.

For example, in case №80244276, the court awarded compensation for moral suffering caused by the violation of the individual’s rights. It is important to provide proper evidence, as the amount of compensation varies depending on each case.

8. How to Collect Evidence for a Civil Lawsuit?

Gathering evidence is a key stage for the successful consideration of a lawsuit for compensation of non-material damages. For this, it is important to prepare:

• Medical documents: conclusions from doctors and psychiatrists confirming the deterioration of health due to stressful situations.
• Witness testimonies: if third parties witnessed the suffering or changes in the victim’s behavior, their testimonies can be used as evidence.
• Financial documents: if the consequences of suffering led to financial losses, these need to be confirmed with relevant documents.
• Psychological assessments: expert conclusions will help the court establish the level of suffering and the impact of the event on the victim’s mental state.

The more evidence collected, the higher the likelihood of receiving fair compensation.

9. Why Act Now?

Do not delay filing a lawsuit. The longer you wait, the harder it will be to gather all the necessary evidence and protect your rights. Compensation for moral damages is only awarded when there is sufficient evidence. Your delay could work in the defendant’s favor.

The longer you do not act, the more your right to compensation diminishes in value. The feeling of helplessness and loss of faith in justice arises when you delay solving the problem. Contacting professionals will help you not only get the necessary support but also protect your right to compensation for non-material losses.

Contact our law firm, and we will help gather all the necessary documents, prepare a strong claim, and defend your rights in court. Do not hesitate — every day counts for the success of your case!

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