COMPENSATION FOR MORAL DAMAGE

The most common classification of the damage caused, according to the current legislation, provides for its division into material and moral. It is usually not difficult to determine material damage, because its equivalent is clearly measurable. However, with moral damage, everything is not so simple, because this concept in Ukraine is considered to be evaluative and depends on interpretations and arguments. Therefore, when it is necessary to prove the existence of non-pecuniary 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 own rights and interests.

What precedes compensation for moral damage

The party pointing to the existence of moral damage caused to it is obliged to prove it. Such a duty means the provision of appropriate, reliable and admissible evidence. This must take place in accordance with the procedure established by the current procedural normative legal acts.

Lawyers of the law firm “Prikhodko and Partners” have good experience in dealing with client requests. The topic of compensation for moral damages is one of the key ones in our focus of practice, because we are approached by clients who value their quality of life and do not want the damage caused to them to remain without a proper legal response. That is why we are working in the following areas:

• We advise the client on the prospects of the case and the legislative norms that are relevant specifically for his situation. Any interaction with a lawyer begins with a consultation.
• We draw up a statement of claim indicating all the circumstances and grounds for compensation for the moral damage caused. The result of further consideration largely depends on the literacy of the application.
• We help the client to collect and properly present the evidence base. This is a decisive factor for the court to have an understanding of the very fact of causing moral damage to the plaintiff, the amount of this damage and the circumstances in which such a situation occurred.
• We provide representation in court. High-quality legal support allows you to represent the interests of the client convincingly.

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

What is the complexity of such cases

In the current legislation there is no clear definition of non-pecuniary damage, which would be exhaustive. Article 23 of the current Civil Code defines only the most probable and frequent manifestations in which such harm can be seen. Among its key features are:

• physical pain and suffering suffered in connection with damage to health;
• mental suffering that a person experienced when unlawful acts were committed against him or his close relatives or family members;
• mental suffering that a person experienced due to the fact that his property was damaged or destroyed;
• humiliation of honor, dignity and business reputation (when it comes to business reputation, this can apply to both an individual and a legal entity).

Moral damages are compensated in cash, property or otherwise. The amount of compensation depends on several factors. Among them:

• the 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 of significant importance.

An important aspect is that moral damage is compensated, regardless of property damage. If it is easier to explain, then it is not affected by the amount of compensation for material damage.

Why legal assistance is so important

If the plaintiff wants to defend his legitimate rights and interests, it should be understood that the defendant and his representative will do everything to try to prove the absence of non-pecuniary damage or challenge its scope. This is not so difficult, given the somewhat vague concept of moral harm and its evaluative nature. However, a lawyer who has experience in this particular category of cases will help prevent this and focus on significant circumstances in your favor.