lot, getting into difficult life situations (accident, the disclosure of medical confidentiality, and others.), Completely unaware that they have the right to demand compensation for moral damages.Article 151 of the Civil Code clearly specified what is meant by the definition of moral damage.So, the moral damage - a mental or physical suffering caused to a citizen by unlawful acts or omissions.
to appeal to the courts is necessary, first of all, understand perfectly what is meant by the word "suffering."Depressed mood, the tears - it's not a reason to sue you for payment of compensation for moral damage.By law, the suffering can create situations of internal experiences - loss (death) of a relative lack of participation in social and political life of society, the announcement of patient confidentiality, job loss, denial of basic rights and liberties, physical and psychological pain resulting from accidents, etc..In the presence of the above-mentioned circumstances, and in the case of a positive decision of the court, you will be paid compensation for moral damages.
In most cases, non-pecuniary damage caused by an intruder, accompanied by the other articles prescribed in the Criminal Code, TC, CC, AK.Not to be unfounded, we give an example.You wrote a wonderful song that is is its rightful owner.After some time in the global network INTERNET you come to your hits, and as the author stated, of course, not your name.Over time, you have written a song becomes a national hit, for which received a decent amount of money.This situation allows you to require compensation for damages plagiarist you damages.In person, encroached on your intellectual property, will be responsible for criminal liability, since it violated the copyright.
to compensate the moral damage is necessary to properly file a claim in court and bring irrefutable dokazatelstva.Kak start the trial?
First, you need to make a claim, which will be clearly set out your claim to the offender.Second, pay a state fee, the amount of which is 100 rubles.Third, send by registered mail to the address of the court, which will be invested in: a statement of claim, a certified copy and a receipt for payment of registration fee.
After 2-3 months you will be taken to a summons to appear in court for your case.And, of course, take care of a good lawyer, because of his professionalism and experience depends on you win a case of compensation for compensation or not.
As described above, the court considers only specific evidence that you have suffered damages.Taken into account the testimony of the witnesses, that is, witnesses, evidence, explanations of the parties.If at the time of the accident you had suffered physical pain, imagine the court of reference travpunkta results of a medical examination, doctors'.In severe mental condition, consult a doctor psychiatrist, in most cases its conclusions are tangible proof that you really suffered great moral damage.
further course of the proceedings depends on the skills of your lawyer, at a meeting which should prove that the attacker inflicted moral harm with intent on the previously developed plan.
If the court acquitted your abuser, appeal against it.Send the claim to a higher court.Recently, on the site of the abuser often it is the state to prove guilt which is almost impossible, so the claims of the individuals are often sent to the Strasbourg Court.Fight for your rights.
