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How to calculate the moral damages

How to calculate the moral damages

The moral damage is caused by non-property losses due to physical or moral suffering caused by an act or omission of another person.

But how to calculate the size of moral damage?

instructions

1

Moral damage difficult to calculate. Rather, we can speak of the totality of the documents and evidence to support the facts of causing moral harm you. If you decide to go to court with a claim for moral damages caused to you and non-pecuniary damageand, get ready for the fact that, in the absence of tangible evidence, the court may reject your claim.

2

Provide evidence causing younon-pecuniary damage. Such evidence typically are documented facts of physical and moral suffering (for example, health impairment or inability to continue normal social life).

3

Provide evidence of the wrongfulthe behavior of the person who caused you to non-pecuniary damage. However, if the court finds that such evidence lead the way, not only civil, but criminal responsibility, the case of illegal acts offending your peace of mind can be allocated in separate manufacture and transferred to the appropriate court if it was not previously known. Also, if you do not have the aim to attract the person who caused you harm, criminal responsibility, the case for non-pecuniary damage may end not in your favor.

4

Collect evidence to supportobjective causal connection between the wrongful conduct and the person causing you harm. For example, if your child bitten by a dog, and you are experiencing due to this mental suffering, it can not be the reason for the claim for compensation for moral damagea. Another thing, if a dog has bitten you and you were forced to take sick leave. In this case, you have the right to demand compensation for moral and its owner damagea.

5

The law stipulates that the total amount of moral damageand can not exceed 720 times the minimum wage (which roughly corresponds to the average wage for 10 years). However, unconditional formula, by which it is possible to calculate the moral damageDoes not exist, so use common sense when it is estimated that the court has had an opportunity to question your sanity.

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