COMPENSATION FOR MORAL DAMAGE

The most common classification of damage, according to current legislation, involves its division into material and moral. Determining material damage is usually not difficult, because its equivalent is clearly measurable. However, with moral damage, everything is not so simple, because this concept in Ukraine is considered evaluative and depends on interpretations and arguments. Therefore, when it is necessary to prove the presence of moral damage, it is more difficult to do than in the case of material damage. Therefore, the help of a good lawyer will be appropriate, as it will give you the opportunity to qualitatively defend your rights and interests.

How to get compensation for moral damage

The party that indicates the presence of moral damage caused to it must prove it. Under such an obligation is meant the provision of proper, reliable and admissible evidence. This should take place by the procedure established by the current procedural legal acts.

Lawyers of the Prykhodko and Partners law firm have good experience in dealing with such client requests. The topic of compensation for moral damages is one of the key areas in our practice, because we are approached by clients who value their quality of life and do not want the damages caused to them to remain without an adequate legal response. Therefore, we are acting in the following directions:

• We advise the client on the prospects of the case and legislative norms that are relevant specifically for his situation. Any interaction with a lawyer begins with a consultation.
• We file a claim stating all the circumstances and grounds for compensation for moral damage. The result of its further consideration largely depends on the literacy of the completed application.
• We help the client to collect and properly present the evidence base. This is a decisive factor so that the court has an understanding of the very fact of inflicting moral damage on the plaintiff, the extent of this damage and the circumstances in which such a situation occurred.
• We provide representation in court. High-quality legal support makes it possible to present the client's interests convincingly.

Providing all these services, we use all our many years of experience, but we do not act according to some template, but dive in detail into the circumstances of each specific situation and focus on the result.

Why do you need a lawyer in such cases?

Current legislation does not have a clear definition of moral damage that would be exhaustive. Article 23 of the current Civil Code defines only the most likely and frequent manifestations in which such damage can be seen. Among its key manifestations are:

• physical pain and suffering in connection with health damage;
• mental suffering experienced by a person when wrongful acts were committed against him or his close relatives or family members;
• mental suffering that a person experienced as a result of the fact that his property was damaged or destroyed;

Moral damages are compensated in money, property or in another way. As for the amount of compensation, it depends on several factors. Among them:

• nature of the offense;
• the depth of physical and mental suffering experienced by a person;
• deterioration of the victim's condition after the offense;
• the degree of guilt of the person who is the defendant in the case;
• other circumstances that are of significant importance.

An important aspect is that moral damage is compensated, regardless of property value. To explain it more simply, it is not affected by the amount of compensation for material damages.

Why this should not be neglected

When the plaintiff wants to defend his legal rights and interests, it is worth understanding that the defendant and his representative will do everything to try to prove the absence of moral damage or dispute its amount. It is not so difficult, given the somewhat vague concept of moral damage and its evaluative nature. However, a lawyer with experience in this category of cases will help prevent this and emphasize significant circumstances in your favor.

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