Establishing the amount of moral damage for minor injury to health - how to calculate the amount of compensation and get it through the court?

Russian laws protect not only the rights and freedoms of citizens, but also the health of every person .

Health refers to the normal physical and moral state of the human body.

When damage to health is caused, even in a mild form, a citizen has the right to defend his right and receive compensation for moral damage from the culprit .

How to do this will be discussed later in the article.

Moral damage in cases of mild harm to health: what does it consist of?

In legislation you can find such a legal construction as “moral damage for causing harm to health . What do you mean by it?

Moral damage, based on various judicial and other interpretations, is the infliction of physical and moral suffering on a person , as a result of which his health deteriorates.

In other words, his life becomes uncomfortable, not the same as it was before. And all because illegal actions or inactions were committed by the guilty person in relation to such a victim.

When a citizen becomes a victim of a crime or administrative offense, this is accompanied by harm to his health, which can have 3 degrees:

1. severe (for example, severe injuries or damage to internal organs, termination of pregnancy, etc., hence long-term or complete permanent disability);
2. moderate severity (for example, concussion, fractures (nose, ribs, jaw), dislocations, accompanied by temporary permanent disability for more than 3 weeks);
3. light (this is loss of ability to work for no more than 3 weeks, minor injuries and bruises).

In case of severe or moderate damage, moral damages are not difficult to prove , since the victim receives serious injuries and injuries. But with a mild degree it is more difficult to do , but it is still possible.

Note! The extent of damage can only be determined by a forensic expert during an examination.

What is moral hazard?

As a rule, moral damage in the case under consideration consists of:

• excitement, fear and anxiety due to the inability to work for some time;
• irritability;
• depressed mood;
• sleep disturbance;
• the need to redistribute the family budget in connection with the expenditure of funds on treatment and, thereby, depriving a family member or the victim of something, etc.

Determination of severity

Damage caused to health in an accident is determined based on the results of a forensic medical examination. It is performed by qualified doctors with forensic medical examiner diplomas. If necessary, the commission includes specialists from other medical fields - obstetricians-gynecologists, therapists, narcologists, traumatologists, psychotherapists, etc.

There are no private companies involved in determining damage to the life and health of persons injured as a result of road accidents. Research in this area is carried out only by state forensic medical institutions.

The commission, which meets by order of the investigative body, prosecutor's office or court, studies the consequences of the collision based on:

• honey. kart;
• photographs;
• traffic police protocols and resolutions;
• testimony;
• reports from ambulance doctors who arrived at the scene of the collision.

If necessary, an additional examination of the victim is carried out. When determining damage caused to health in an accident, experts use regulatory documents: approved by the Government of the Russian Federation, as well as a document dated 2008 -. According to them, there are 3 degrees of harm:

1. Slight harm to health. An injury that is characterized by:
   short-term disorder of the victim’s condition – up to 3 weeks;
2. minor loss of ability to work – up to 10%;
3. Average harm to health. Causing harm to health of moderate severity in an accident is characterized by:
   the onset of temporary disability for a period from three weeks to four months;
4. loss of general ability to work – by 10-30%;
5. Serious harm. In these situations, criminal liability arises. The culprit of an accident is deprived of liberty for 3-9 years and an additional driver’s license for 3 years. As a result of severe injuries, a person receives a disability group (temporarily or permanently) and loses the ability to work. This degree of damage includes bodily injuries in which irreparable damage is caused to the health of a citizen. This category includes:
   severe fractures;
6. disease of substance abuse or drug addiction;
7. dislocations with displacement;
8. traumatic brain injuries;
9. severe burns;
10. loss of speech, hearing or vision;
11. abortion;
12. development of various types of failure (heart, kidney, etc.);
13. serious psychological deviations, etc.

After the study, forensic experts draw up a conclusion. It reflects the degree of harm to the health of the victim in a traffic accident.

Can you get compensation for damage to your well-being?

It is worth repeating that if a mild degree of harm to health is caused, it is still possible to recover monetary compensation for moral damage .

Indeed, in accordance with the principles of law, any harm must be compensated if it is proven. This applies to both property and non-property damage (in our case, this is human health). The degree of harm does not affect the victim’s ability to recover moral compensation from the guilty person.

Important! According to Art. 151 of the Civil Code of the Russian Federation, moral or physical suffering resulting from actions that violate the personal rights of a citizen are recognized as moral harm.

The category of moral damage and its recovery can be found in a number of articles of the Civil Code of the Russian Federation.

1. Article 151 – compensation for moral damage. It states that when determining the amount of compensation, the court should take into account both the guilt of the offender and the personality characteristics of the victim.
2. Paragraph 4 with the same title of Chapter 59 “Liabilities due to harm”.

Compensation for moral damage.

Advice: explanations of judicial practice can be used as justification and to strengthen your legal position in a statement of claim.

In addition, a fairly large array of useful information of a recommendatory nature is contained in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 20, 1994. No. 10. Courts are guided by this act when considering cases of compensation for moral damage.

In what cases is compensation provided for by law?

The need for compensation for moral damage is mentioned in the following regulations:

• Labor Code of the Russian Federation (Article 237) - when harm is caused to an employee by the employer;
• Code of Criminal Procedure of the Russian Federation (clause 2 of Article 136) - in relation to rehabilitated persons;
• Family Code of the Russian Federation (clause 4, article 30) - for a spouse who turns out to be in good faith when the marriage is declared invalid;
• Law “On Information...” dated July 27, 2006 No. 149-FZ (clause 2, article 17) - in a situation of disclosure or use of information not intended for this purpose;
• Law “On Basic Guarantees of the Rights of the Child...” dated July 24, 1998 No. 124-FZ (Clause 1, Article 23) - in case of such harm being caused to a child;
• Law “On the Fundamentals of Tourist Activities...” dated November 24, 1996 No. 132-FZ (Article 6) - when the organizers of the trip do not comply with the terms of the contract concluded with the tourist;
• Law “On the Mass Media” of December 27, 1991 No. 2124-1 (Article 62) - when disseminating information that does not correspond to reality;
• Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (Article 15) - when harm is caused to the consumer if the seller is at fault;
• Law “On Advertising” dated March 13, 2006 No. 38-FZ (clause 2, article 38) - when disseminating false information about the object;
• Law “On Compulsory Social Insurance...” dated July 24, 1998 No. 125-FZ (clause 3 of Art. - in the event of an accident at work or an occupational disease;
• Law “On the State Civil Service...” dated July 27, 2004 No. 79-FZ (Clause 16, Article 70) - in case of unlawful removal from office or illegal dismissal of a civil servant;
• Law “On Environmental Expertise” dated November 23, 1995 No. 174-FZ (clause 2 of Article 34) - when such an expertise violates the rights of a citizen;
• Law “On the Procedure for Considering Appeals...” dated 05/02/2006 No. 59-FZ (Clause 1, Article 16) - in case of unlawful actions or inaction of a government agency in response to a citizen’s appeal;
• Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (clause 2 of Article 23) - in case of unjustified dismissal from service of contract military personnel;
• Law “On Personal Data” dated July 27, 2006 No. 152-FZ (clause 2 of Article 17) - when the operator violates the rights of the subject of personal data;
• Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (clause 1.1, Article 18) - for persons affected by a terrorist attack.

The right to compensation for moral damage arises regardless of whether there is compensation for material losses (clause 3 of Article 1099 of the Civil Code of the Russian Federation).

How much can the payment be, how to calculate?

Moral harm is an assessment category. It cannot be clearly demonstrated in court to prove that it was actually caused and to what extent. This is a purely internal state of the injured person , which is not amenable to external objective and accurate assessment.

However, to determine the amount of moral distress, the property losses a citizen suffered due to harm to his health are often taken into account. And the improvement of physical health and emotional state directly depends on the level of quality of medical care provided, medications, etc.

When calculating compensation for moral damage, you will need not only a regular calculator for calculations, but also knowledge of a number of nuances.

1. It is necessary to keep all receipts confirming treatment in clinics, purchase of medications, visits to a psychoanalyst, etc. In general, all documents that can directly and indirectly confirm the restoration of the physical and emotional state of the victim.
2. When calculating the amount, you should focus on the amount of property damage being recovered.
   That is, if a citizen asks the court to recover from the defendant treatment costs in the amount of 15 thousand rubles, then the amount of moral damage, for example, 100 thousand rubles will in no way be commensurate with the property claim. The final court decision will depend on the degree of moral suffering of the plaintiff.
3. The specific amounts of moral damage are not regulated by any law, and the courts determine its amount only on the basis of the case materials, the degree of guilt of the violator of the law and the cause-and-effect relationship between guilt and the consequences (that is, the physical and moral experiences of the victim).

Important: as a rule, the amount of moral damage awarded is an order of magnitude lower than what was calculated and declared by the victim.

The recovery of any amount of moral damage, even the smallest one, is a good result.

Compensation for moral damage.

Rules of insurance payments for personal injury

According to the general rules, auto liability insurance applies not only to damage caused to movable property, but also to cover damage to the health of an unwitting participant in the incident.

If the cost of damage to a car is calculated based on the need for repair work and the purchase of parts, then compensation for damage is calculated according to special rules. The maximum amount for damage caused to health under compulsory motor liability insurance since 2015 has been 500 thousand rubles. This is the amount that an injured driver who has temporarily or completely lost his health has the right to count on.

The latest changes to compulsory motor liability insurance for damage to health were adopted in 2015 and affected the following provisions:

1. The maximum amount of half a million rubles can be received by close relatives of a driver who died as a result of a traffic accident.
2. When a claim for payment is made by several relatives of the deceased, the amount will be distributed among all in equal shares. The basis for making a payment will be the application of each of them to the insurance office.
3. Compensation can be received after a diagnosis has been made and treatment has been prescribed, without waiting for the end of the recovery course. This will allow the victim not to worry about finances during the recovery period.

Payment under compulsory motor liability insurance does not deprive the victim of the right to file a claim in court demanding coverage of expenses. The main thing is that there are documents confirming the fact of violation on the part of the guilty driver.

Introduction of new rules

When planning to receive compensation in 2021, the driver should take into account that the new rules apply only to policies obtained recently. If the culprit has not yet renewed the insurance policy, the payment will be made based on the previous conditions, i.e. the amount of the transfer will not exceed 160 thousand rubles.

Determination of the amount will depend on the date of registration of insurance by the at-fault driver, regardless of when the compulsory motor liability insurance was purchased by the injured driver.

How to get compensation through the court: step-by-step instructions

Of course, by filing a civil claim in court, you can significantly increase your chances of receiving moral compensation . But we should not neglect pre-trial methods of conflict resolution. To begin with, you can submit a written claim to the culprit , which states the amount of moral damage and the deadlines for compensation.

If the pest ignores the opportunity to voluntarily compensate for moral suffering, you can safely go to court . Where to begin? Of course, with drawing up a statement of claim.

General rules for drawing up a claim can be found in Articles 131, 132 of the Code of Civil Procedure of the Russian Federation. It should contain:

• Full name, addresses and telephone numbers of the plaintiff and defendant;
• the essence of the issue (that is, the situation of mild harm is described and what physical and moral suffering the victim felt);
• provide factual evidence justifying that damage to health has been caused (conclusion of an independent medical examination), receipts for payment for treatment at the clinic, medications, appointments with doctors, psychoanalysts, etc.;
• cite specific articles of laws confirming the legal position of the plaintiff (on moral damage from the Civil Code of the Russian Federation, or from the Code of Administrative Offenses of the Russian Federation, if an administrative offense has been committed, etc.);
• a specific request to the court: “to recover from the Defendant an amount of moral damage in such and such an amount”;
• an appendix listing all attached supporting documents;
• date and signature of the plaintiff or his representative by proxy.

The claim is filed in the district court at the place of residence of the plaintiff or defendant. If the application meets the requirements, the court office accepts it and forwards it to the judge. He, in turn, schedules a preliminary hearing , and then the main one.

It is better to immediately apply to hear witnesses who can confirm that it was morally difficult for him after the damage to his health. It is impossible to prove without supporting documents.

If both evidence is sufficient, there is every chance of winning the case.

The consideration of the claim ends with a court decision in favor of one of the parties. The limitation period does not apply to claims for causing damage to the life and health of a citizen (Article 208 of the Civil Code of the Russian Federation).

But still, this claim can only be made for the last 3 years that preceded the day the claim was filed. That is, the victim will be able to receive compensation only within a three-year period.

Information: before filing a claim, you must pay a state fee according to the details of the court where the application is being submitted.

The amount of state duty for such cases is 300 rubles (Part 3 of Article 333.19 of the Tax Code of the Russian Federation).

On the courts’ assessment of the “cost” of life

A large-scale study on the practice of courts assigning amounts of compensation for moral damage in cases of harm to the life and health of citizens, which was announced at a recent round table at the FPA, was carried out by lawyers under my leadership and with the support of the Federal Chamber of Lawyers of the Russian Federation and the Chamber of Lawyers of the Nizhny Novgorod Region.

On the importance of compensation for moral damage

Undoubtedly, the topic of compensation for moral damage is not limited to compensation payments in case of harm to human life and health.

The study of practice specifically in this category of cases was due to their high significance both for the victims themselves and for society as a whole. The amount of compensation for the most valuable thing - life and health - clearly shows the level of true security of a person, and also affects the punishment for those responsible for the safety of people.

According to official statistics for 2021, more than 194 thousand people were injured in Russia as a result of road accidents alone, of which 17.2 thousand died1. Thousands of people annually suffer work injuries or lose their health as a result of man-made disasters and while performing military service duties. The rate of injuries, illnesses and deaths from “external causes” is disproportionately higher than the statistics of foreign countries with similar economic and sociological conditions.

The true attitude towards safety requirements is clearly demonstrated by various tragedies that lead to a huge number of victims. A striking example is the recent tragedy in Kemerovo, where several dozen children and adults died as a result of gross violations of safety regulations and fire safety regulations.

The low level of financial responsibility is one of the reasons for the huge scale of human losses.

It should be noted that in some categories of cases, compensation for moral damage is the only payment that the victim or relative of the deceased can count on. For example, an able-bodied spouse in connection with the death of her husband, parents in connection with the death of a child, a brother in connection with the death of a sister, etc.

When determining the amount of compensation for moral damage, the courts are guided as defined by Art. 1101 of the Civil Code of the Russian Federation, the requirements of “reasonableness and fairness”.

Such legislative regulation, as the study shows, does not adequately ensure the principles of equality, reasonableness and fairness and causes serious problems in law enforcement practice, namely:

• the enormous variation in the amounts of compensation awarded for moral damage when courts consider cases with extremely similar circumstances;
• the typical amount of compensation awarded for moral damages is catastrophically low compared to the amounts requested and existing scientific research regarding the cost of human life and health.

About the research methodology and its results

We decided to conduct a study in order to rely not only on our practice and understanding, but to operate with figures for the country as a whole. It was important for us to understand: low compensation amounts are a nationwide trend or a feature of only our region.

For analysis during the study, we used data from judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation for the period from 2021 to June 20212; we also collected data from judicial practice throughout the country on the amount of compensation awarded for moral damage for the period from 2015 until September 2017. With the support of the FPA RF3, statistical data was obtained on 447 cases from 63 bar associations from 25 regions of the country, and data from specialized bar associations on judicial practice in 1832 cases was systematized. Ultimately, 2,236 cases were selected from 28 regions of Russia.

According to statistical information from the Judicial Department of the Armed Forces of the Russian Federation, the average amount of compensation for moral damage awarded in the event of harm to life or health, for the 1st half of 2021 amounted to 68.6 thousand rubles, for the 1st half of 2016 - 77 thousand rubles.

During these periods, the courts reported on 15,372 cases considered (2016 and the first half of 2021) on claims for compensation for moral damage in connection with harm to life and health.

If we analyze the overall indicators for 2021 (information appeared after the publication of the study), then the average amount of compensation for 20,565 cases became even lower and amounted to 54.6 thousand rubles.

Claims for compensation for moral damage are also made as part of another category of cases, but it is not possible to single out specifically moral damage for them separately. A detailed calculation of how we calculated the average amount of compensation for moral damage, and links to statistics and the corresponding lines of the statistical report of the Judicial Department under the RF Armed Forces are given in the study. The official statistics of the Judicial Department under the Armed Forces of the Russian Federation on the amount of compensation for moral damage are of a general nature; they do not distinguish between cases of awarding compensation for moral damage based on the signs of harm to life or health, according to the source of harm, or the presence of the victim’s fault, but show the average amounts awarded in general throughout the entire country.

For the purposes of the study, according to detailed criteria, we were able to analyze only data from the judicial practice of legal entities.

The analysis of the obtained data was carried out in three directions:

1. The severity of the harm caused.

2. Source of harm.

3. The presence of the guilt of the victim himself in causing him harm.

At the same time, the minimum and maximum amounts of compensation for moral damage, as well as average and median indicators, were identified.

The study showed that the average value of compensation for moral damage awarded in the event of the death of a citizen is 111 thousand rubles, and the median value, when half of the initial data is less than this mark in value, and half is more, which to a greater extent reflects the actual picture of what was happening amounted to 70 thousand rubles. The average “cost” of disability was 193 thousand rubles, and the median value of disability was 140 thousand rubles.

Amounts of compensation for moral damage awarded by the court in correlation with the severity of the harm caused (RUB)

As the study shows, the minimum amount of compensation for moral damage in the event of a death was 5 thousand rubles, and the maximum exceeds it 1,700 times and amounts to 8.5 million rubles. The minimum for disability was 1000 rubles. and is 3127 times lower than the maximum.

The ratio of minimum and maximum compensation for moral damage by type of severity of harm caused

A comparative analysis of the obtained values ​​was carried out in relation to the minimum wage4.

The average amount of compensation for moral damage awarded for the death of a person was only 14.8 minimum wages, and for disability - 25.7 minimum wages.

Correlation with the minimum wage of the average and median amounts of compensation for moral damage by the severity of the harm caused

The analysis was also carried out depending on the source of harm: all cases were divided into conditional categories:

1. Crimes.

2. Work injuries and industrial accidents.

3. Road traffic accidents (involving both personal and public transport).

4. Other categories (medical errors, electric shock, etc.).

Legal traditions are such that maximum amounts of compensation are awarded to crime victims. Moreover, even having the status of a “victim of a crime” does not guarantee a decent amount of compensation for moral damage. The result of the study shows the difference between the minimum and maximum amount of moral damage from crimes by 2833 times, when the minimum awarded was 3 thousand rubles, and the maximum was 8.5 million rubles.

The ratio of minimum and maximum compensation for moral damage by source of harm caused

The behavior of the victim himself, as the study shows, also matters in determining the amount of compensation.
According to Russian legislation, denial of compensation for harm in certain categories of cases is unacceptable, which means that even if the victim is “to blame,” he has the right to receive compensation. Courts treat victims more leniently in the absence of their fault in causing harm, however, the amount of compensation awarded does not differ significantly - the average value is within 20%. Amounts of compensation for moral damage ordered by the court, depending on the presence or absence of the victim’s guilt (rub.)

On calculating the “cost” of human life

Calculations of the “cost” of human life were made by the Financial University under the Government of the Russian Federation. When carrying out calculations, an integrated approach was used, taking into account macroeconomic calculations, data on population income, life expectancy, and sociological research data. The average “cost” of human life in 2021 (fair compensation in connection with the death of a person) was 5.7 million rubles, the median value was 1.4 million rubles. The average “cost” of disability was 4.8 million rubles. with a median of 1.2 million rubles.

According to the results of this study, the deviation of real indicators of compensation for moral damage from the “cost” ones in the case of death is 51 times, and in the case of disability – 25 times.

Correlation with the “cost” of life and the “cost” of disability of the average and median amounts of compensation for moral damage, depending on the severity of the harm caused

The results of the study objectively and representatively demonstrate the enormous differences in the assigned amounts of compensation for moral damage, as well as the lack of uniformity in the “reasonableness and fairness” of judicial discretion when determining the amounts. Given the existing, although very rare, but decent amounts of compensation awarded in favor of relatives, close in level to “cost estimates,” the average and median indicators are extremely low. This situation is caused by the lack of clear criteria in the regulatory framework.

The study proves the need to reform legislation in the field of compensation for moral damage for harm caused to the life and health of citizens, towards standardization and development of methods for determining the amounts awarded.

Proposals for improving legislation

There may be several solutions:

1. Legislative establishment of rules (criteria) on the basis of which the amount of compensation can be determined with the mandatory introduction of its minimum amount linked to the cost of living. This decision can be implemented by amending Art. 1101 of the Civil Code of the Russian Federation and the addition of its paragraph 3 with the following content:

"3. The amount of compensation for moral damage associated with harm to life and health is determined on the basis of the Rules established by the Government of the Russian Federation, but cannot be less than 20 times the minimum subsistence level per capita established in accordance with the law for the entire Russian Federation.”

2. An alternative solution to the situation could be the formation by the highest judicial bodies of criteria and guidelines that the courts can rely on when making decisions, as well as all other participants in the process when conducting a case. One of the guidelines may be the practice of the European Court of Human Rights when collecting compensation payments in similar categories of cases. Currently, there is every reason for the formation of such practice in Russian courts. The Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 21 “On the application by courts of general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and the Protocols thereto” clearly and unambiguously indicates the need to focus on the practice of the ECHR, in including when determining the amount of compensation for moral damage.

In further development of its position, albeit 5 years later, on August 14, 2018, the Supreme Court of the Russian Federation increased compensation for moral damage from 150 thousand rubles. up to 2 million 366 thousand rubles. (Definition No. 78-KG18-38). In increasing the compensation for moral damage by 15 times, the Supreme Court of the Russian Federation referred to the numerous judicial practice of the ECHR in cases similar to the applicant’s case, in which compensation for moral damage was awarded in amounts from 2 thousand euros to 18 thousand euros (ECtHR decisions of June 17, 2010 in the case “Shcherbakov v. Russian Federation” in complaint No. 23939/02; dated January 10, 2012 in the case “Ananyev and others v. Russia” in complaint No. 42525/07, No. 60800/08).

Even a superficial analysis of the practice of the ECtHR in resolving issues of the amount of compensation in cases involving harm to life and health leads to the conclusion that there is a large gap in the amounts awarded, not in favor of Russian jurisdiction. Thus, 60 thousand euros as compensation for moral damage was awarded to the applicant in connection with the death of her son (ECtHR Ruling of November 28, 2021 in the case “Shmeleva v. Russia” in complaint No. 43664/16), 50 thousand euros to the applicant for death of a son (ECHR Ruling of March 30, 2021 in the case “Nagmetov v. Russian Federation” on complaint No. 35589/08), 20 thousand euros to the applicant in connection with the death of his brother and mother, 15 thousand euros to the applicant in connection with the death of a brother, sister and two nephews, while in the last two cases the court “noted the modesty of the applicants’ demands” (ECHR Ruling of February 24, 2005 in the case “Khashiev and Akayeva v. the Russian Federation” on complaints No. 57942/00 and No. 57945/ 00).

In conclusion, it should be noted once again that low amounts of payments cause not only a state of humiliation and resentment among victims who received meager compensation, but also a high incidence of injuries and many tragedies.

The presence of a strict mechanism of responsibility for the safety of people, an integral part of which would be high financial responsibility for the most valuable things - life and health, will lead in the medium term to a qualitative improvement in living conditions and a reduction in human losses.

1 Official statistics of road accidents of the State Traffic Safety Inspectorate of the Russian Federation https://stat.gibdd.ru/

2 Data from judicial statistics. Judicial Department of the Supreme Court of the Russian Federation. https://www.cdep.ru/index.php?id=79

3 Letter of the FPA of the Russian Federation dated August 15, 2021 No. 362-08/17-AP.

4 In accordance with the Decree of the Government of the Russian Federation of September 19, 2021 No. 1119, the cost of living in the Russian Federation was 10,329 rubles.

Grounds for refusal of a claim

Courts do not always satisfy the plaintiff’s demand for compensation for moral damage caused. A number of the following reasons may be to blame.

1. Insufficient documents attached to the claim (some checks or other payment documents confirming the amount of property damage are missing).
2. Unreliability of evidence in general (for example, the testimony of witnesses does not fully confirm the suffering of the victim or a video recording with a missing date and time was presented).
3. The court's suspicion is that the plaintiff decided to enrich himself at the expense of the defendant, indicating a disproportionate amount of moral damage to the amount of damage to health.

If the court makes a decision not in favor of the victim, all expenses incurred by the defendant (that is, the guilty person) will be borne by the plaintiff.

Therefore, when filing a claim for compensation for moral damage, it is important to carefully prepare for the court hearing , clearly substantiate your legal position and present all documents proving it. Or seek help from a lawyer who, in a short time, will collect all the necessary information and go to trial.

Causing harm

In some cases, inaction may also be unlawful. For an omission to be considered unlawful, a person must be legally obligated to perform certain actions in the relevant situation. If, despite this, the person remains inactive, then such abstinence from action will be unlawful. For example, in accordance with Art. 127 of the Criminal Code (hereinafter referred to as the Criminal Code), any person is obliged to provide assistance to another if the victim is in a life-threatening condition. In this case, inaction will be unlawful. Sometimes an action that causes harm is recognized by law as permissible and, therefore, in this case it cannot be considered illegal and the possibility of an obligation arising from causing harm is excluded. The number of such cases is very limited. First of all, the necessary defense should be mentioned here. According to Art. 1066 part 2 of the Civil Code of the Russian Federation, damage caused in a state of necessary defense is not subject to compensation. A person is considered to be acting in a state of necessary defense if his actions are related to the protection of legally protected rights and interests in the presence of attacks on them. As an example, we can refer to a case where a person takes lawful actions to suppress hooliganism. Under such circumstances, the causer of harm is released not only from criminal liability, but also from property liability. At the same time, Art. 1066 part 2 of the Civil Code of the Russian Federation does not relieve the harm-doer from liability if he exceeded the limits of necessary defense.

Liability for causing moderate harm to health in an accident

There are three types of liability that arise in the event of personal injury in an accident:

• We can talk about civil liability in cases where only cars are damaged in an accident.
  It involves the payment of a fine by the culprit of the accident and property compensation for damage to the victim. Read about fines for road accidents in this article https://roadadvice.club/3382-razmery-shtrafov-za-dtp-v-year-godu-stati-kodeksa-diapazon-shtrafov-prakticheskie-situatsii
• We are talking about administrative liability when the accident caused damage to both cars and human health. Implies payment of a fine to the traffic police, as well as deprivation of a license, for example, deprivation of rights for fleeing the scene of an accident
• Criminal liability arises if the accident caused serious harm to human health or death. Implies imprisonment.

Administrative responsibility

The average severity of injury to health in an accident entails civil or administrative liability, but if the accident ends in death, then criminal liability begins.

It is worth considering The Criminal Code clearly states that if death occurs within three weeks after a car accident occurs, then it will be considered as harm to health of moderate severity.

If we talk about administrative liability, then as a punishment the driver will be deprived of his driver's license, but for a period of no more than 24 months. In some cases, the court awards an administrative fine to the culprit of the accident. This happens when the victim has not suffered too much damage. If after an accident one of the victims died, then we will be talking about criminal liability.

When causing moderate harm to health, the basis for punishing the culprit of the accident is Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

As judicial practice shows, in most cases the perpetrators of road accidents, due to which the injured party received injuries of moderate severity, are punished:

• a fine, its size ranges from 10 to 25 thousand rubles,
• compensation for moral and property damage,
• deprivation of rights for two years.

According to statistics, in almost 85% of court cases involving hit-and-run pedestrians, the driver is found guilty. For more information about liability for a person who is hit, read the article here

Determining the amount of damage to the victim

When determining damage to health, the monetary equivalent is used and contains the following components:

• cost of inpatient or outpatient treatment;
• cost of rehabilitation treatment;
• the cost of a taxi when traveling to a medical facility;
• the cost of medications used to treat the victim.

Compensation for damage of moderate severity

Responsibility for causing harm occurs only when the actions of the perpetrator of the accident can clearly trace the signs of an administrative offense or a crime that is criminally punishable. In both cases, the culprit of the accident is obliged to compensate for the damage caused.

About the amount of insurance compensation According to current legislation, a concussion is estimated at 25,000 rubles, and loss of teeth at 100,000. Read more about the amounts of payments.

Russian legislation clearly states that compensation for moral damage occurs regardless of the degree of guilt of the perpetrator of an accident, but is carried out only when actual damage has been caused to the victim’s health. The amount of compensation depends on the decision of the court, which will carefully study all the circumstances of the accident and interrogate witnesses, if any. The amount of compensation is also influenced by the degree of guilt of the driver who is found to be at fault for the accident. The court will analyze his actions, which caused the accident. The plaintiff can independently name the amount of compensation for moral damage to health, but this does not mean that the court will satisfy his demands. Having assessed all the circumstances, the degree of guilt and the severity of the damage caused, the court will determine the final amount of payments.

Today, the Russian judicial system has developed specific amounts of compensation for moral damage in an accident of moderate severity. It all depends on the degree of damage the victim received. So, if injuries are of moderate severity, then the victim in an accident will be able to claim compensation in the amount of 50-70 thousand rubles. If the damage is considered insignificant, then this type of compensation will not exceed 10 thousand rubles.

Compensation for damage to health

In legal publications, definitions such as “obligations arising from causing harm” and “liability for damage” are often used as identical. In this case, the second concept acts as the main one. Liability in civil legal relations involves the application of certain coercive measures to the violator. They are presented in the form of sanctions that have a property content. This provision applies to both non-contractual and contractual liability. However, the latter is also of a secondary nature. It in some way accompanies the obligation, coming into effect only in the event of a violation.