How to recover the damage?
In jurisprudence, the situation when civil rights or benefits are diminished is characterized by the concept of “harm”, and moral or material losses resulting from the damage caused are damage. Considering the types of damage and types of harm, many lawyers consider them to be synonymous. Damage is material (property) and moral.
Any wrongful act entails certain material losses. If the case is not criminal, the main reason for going to court is the victim’s desire to receive compensation for the inconvenience and losses incurred. Consider how to recover the damage that has occurred as a result of the most frequently occurring situations in everyday life:
- Traffic accidents. In the event of an accident, the main thing in order to recover the damage - the accident must be executed by the protocol of the traffic police. It is necessary to fix the scheme of the incident and get information that lists external damage. Legal damage assessment is carried out by the method of calculation, a specialist valuation company.The cost estimate will be required in court if it comes to it in order to recover the funds necessary for the repair of the damaged car. You are obliged to notify the person responsible for the accident by telegram about the time and place of the cost estimate. If the car is the cause of the accident, it belongs to a legal entity whose driver performed official duties - then the legal entity-owner will compensate for the damage. After the evaluation, you send your opponent a registered letter with a return receipt, in which you state your claims. He must answer you within 7 days. If he refuses to answer and avoids communication with you - go to court. You have the right to this within 3 years after the accident.
- Illegal repair. Very often, when doing redevelopment in an apartment, our neighbors do not observe the norms for the use of residential premises. As a result, the interests and property of other tenants are affected. Received written permission for redevelopment does not give the right to damage and deterioration of living conditions. The consequences of the repair of your neighbors affected the condition of your home - you have every right to demand compensation for damages.To begin, fix the deterioration of living conditions by signing the act with the employees of the housing department, taking photographs of the damage, collecting evidence from witnesses. It is also necessary to make an expert assessment of damage. After collecting the documents, you can write a lawsuit in court for moral and material damage.
- Damage to the employer. If an employee’s actions resulted in a loss, or shortfall in profits, then the person in charge of the organization should be aware of how to recover material damage. If the amount exceeds the average monthly salary, then the order of the employer, made no later than one month from the date of establishing the amount of damage, is sufficient.
If it exceeds, and the employee does not agree to voluntarily compensate for the damage, then it is necessary to go to court. By agreement of the parties, it is possible to issue an installment plan, which is recorded in a written undertaking with an indication of specific terms of payments.
Moral damage basically means the physical and mental suffering that a person suffered as a result of a certain incident. If a loss calculation is sufficient for the assessment of material damage, then it is impossible to determine the exact amount of moral damage caused.The victim always maximizes, and the defendant may not truly understand that he did something illegal. Therefore, before exploring how to recover moral damage, let's consider what types of it are clearly spelled out in the legislation and are guaranteed to be compensated. Defend your rights in court if as a result of an incident:
- you lost relatives
- you have lost the opportunity to lead an active social life
- Family, medical confidentiality was revealed
- you lost your job
- your honor, dignity, reputation suffered as a result of the dissemination of false and inaccurate information
- you have temporarily lost any rights
- you got injured
This is only a short list of possible situations, but the grounds for compensation for moral damage are fully contained in the Civil Code.
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