Physical Pain And Suffering

Thus, moral damages may consist, in particular: – the physical pain and suffering that the individual has experienced in connection with injury or other damage to health – in the anguish that the individual has experienced in connection with unlawful conduct with respect to himself, his family or relatives or in connection with destruction or damage to its property – the humiliation of honor, dignity and business reputation of the person or entity. According to the article. 24 GIC Ukraine disputes on compensation of moral (non-property) damage within the jurisdiction of the court, if at least one of the parties in them is a citizen (physical person). The court has jurisdiction and disputes between legal entities of non-pecuniary (moral) damage, if these requirements interrelated with other requirements, the solution of which is within the jurisdiction of the court of general jurisdiction (for example, the refutation of information and redress in connection with the moral harm). Trial defense prepares claims for this category of cases, which are served by the defendant, unless the plaintiff granted the right to choose the jurisdiction of the law.

The claim for compensation for moral (Moral) damage must be noted: the contents of the claim, that is, what is the moral hazard set forth the circumstances upon which the claim that it is unlawful an act or omission caused the injury and an indication of the arguments, which confirm the claim. According to the common grounds of liability compulsory clarification of the dispute about compensation moral (moral) damage to be: the presence of such harm, unlawful acts of its perpetrator, a causal connection between injury and wrongful act of the offender and guilty of the latter in its (Inaction), they reason, what sum of money or in any material form the plaintiff assesses his injury and what he means by this, as well as other circumstances relevant to the resolution of the dispute. The defendant is released from liability for compensation of moral harm, if you would convey that the latter is caused by no fault of his. The size of non-pecuniary (moral) damages the court determines, depending on the nature and the amount of suffering (physical, emotional, mental, etc.) who have experienced the plaintiff, the nature of intangible losses (their duration, recovery, etc.) and taking into account other circumstances. In particular, taken into account the health status of the victim, the severity of forced changes in his life and relations of production, reducing the degree of prestige, reputation, time and effort needed to restore previous state, voluntary – on its own initiative or at the treatment of the victim – the refutation of information edited by the media. The court must also withdraw from the principles of rationality, balance and fairness. Legal services related to compensation for moral damages have large law firms, including ASAD law firm. Pythagoras – the Greek philosopher and mathematician said: – "Legislation should be the voice of the mind, and the judge – the voice of law."