The accident victim has the right to receive compensation for losses and compensation for moral damage. The basis of this compensation is moral suffering. Moral suffering covers a wide range of emotions associated with mental disorders, such as fear, humiliation, helplessness, shame, disappointment, awareness of one’s own inferiority due to the restrictions received, experiences of losing loved ones, inability to maintain a previously active life, and others. Private lawyer Ru” Nijat Muradov told Gazeta that he had negative feelings.
“As a rule, courts demand compensation for moral damage, regardless of the degree of physical damage. However, the amount of compensation may vary depending on the severity of the damage caused. The person’s degree of guilt, post-accident behavior, and other factors are also taken into account. “For example, the perpetrator’s participation in the victim’s rehabilitation may reduce the amount of compensation,” he said.
Moral suffering can be verified in a variety of ways: keeping checks and receipts for the services of a psychologist or psychotherapist, providing evidence of participation in support groups, prescriptions for sedatives, referrals to rehabilitation, and other documentation. This evidence will help the court to be convinced that the serious consequences of the accident caused you moral suffering.
The law does not establish a fixed amount of compensation for moral damage, and the court decides based on the circumstances of a particular case. The amount of compensation may depend on regional judicial practice.
“If, as a result of the accident, the victim is injured, suffers other health problems, or loses the ability to work, he or she has the right to claim compensation for lost earnings. “The amount of this earnings is determined based on previous income under employment or civil law contracts, data from the last place of work or the average wage of workers with similar qualifications in a particular area,” he said.
Rehabilitation and restoration of health requires financial costs, including the purchase of medications, payment for medical services, purchase of prosthetics and other expenses. These expenses are considered compensable damages. It concluded that the victim was entitled, if justified, to claim compensation for both costs already incurred and future costs.
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Source: Gazeta
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