The amount of compensation for moral damage for moderate damage to health: is it possible and how to arrange payment for bodily injury?

Harm to health can be caused in various circumstances.
In each specific case, the degree of harm caused is determined based on a special medical examination. Based on its results, the degree of harm caused is determined: mild, moderate or severe. Based on this indicator, it is determined what amount of compensation should be paid to the victim. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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What is the damage?

According to the Constitutional rights of citizens, their health is a valuable resource and the individual’s right to freely manage their own physical potential. Violation of health, causing moderate harm to him, in itself creates a precedent for imputing liability, in particular, under Article 112 of the Criminal Code of the Russian Federation.

Reference! But regardless of the punishment received by the perpetrator, or the accrual of pension benefits due to an industrial injury, an additional penalty is allowed - for moral damage.

Moral damage is:

Physical suffering of the injured person that accompanied him:
after receiving it, before starting treatment;
during a hospital stay and undergoing painful procedures;
after discharge during the rehabilitation process;
in the subsequent period, if the consequences turned out to be irreversible.
Moral suffering that may be associated:
with a feeling of powerlessness if physical pain was intentionally inflicted;
with worries due to disability;
with suffering, if this affects your personal life.

Additional sanctions are provided if a complete recovery has not occurred and the victim has lost the opportunity to do what he loves or has lost attractiveness due to scars on the face or other open areas of the body. Any psychological state may be taken into account as a factor in the eligibility of claims.

Important! Humiliating actions of the perpetrators, offensive statements or untimely provision of assistance will be considered a precedent for assigning compensation.

Collection for moral damage is regulated by Article 151 of the Civil Code of the Russian Federation, which is the main provision of legislation on this issue. And also - Article 73 of the Code of Criminal Procedure of the Russian Federation, if the claim is filed as part of a criminal case.

Article 151 of the Civil Code of the Russian Federation. Compensation for moral damage

If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.

Threat of murder (Article 119 of the Criminal Code of the Russian Federation) - general characteristics

First of all, a criminal case is initiated only at the initiative of the victim; Article 119 of the Criminal Code (Criminal Code of the Russian Federation) regulates the entire process in relation to the threat of physical violence.

Important!

The term
“threat to life”
is interpreted as intimidation or a promise of harm, which represents a form of psychological influence on a person and can lead to negative consequences.

Death threats are expressed verbally or in writing, and are also made by displaying weapons and other intimidating objects. At the same time, promises of reprisals must be real.

The qualifying signs of such a crime are reflected in the second part of Art. 119 of the Criminal Code of the Russian Federation.

Forms and objective signs of a threat to life:

verbal;
demonstration of weapons;
by phone;
in the form of SMS;
via the Internet.

Can I get compensation?

You can receive compensation provided that the court recognizes the guilty actions that led the victim to moderate damage to health as the cause of moral damage. That is, in order to receive compensation, the victim will need to prove:

that moral suffering was actually experienced;
that they were caused by the criminal or negligent actions of the perpetrator.

In this case, the presumption of guilt comes into force, which consists in condemning the criminal actions of the attacker and finding him guilty, on the basis of which the plaintiff’s civil claims for moral compensation are satisfied as their fact is recognized by the court.

When a crime is committed, this is a conviction under Article 112 of the Criminal Code of the Russian Federation. Or - for other intentional actions that led to the infliction of moderate damage to health. In everyday situations, legal consequences may arise if the accident was the result of the negligence of those responsible. List of domestic cases involving the negligence of other people:

Art. 162 of the Criminal Code of the Russian Federation and 1084 of the Civil Code of the Russian Federation - in case of a broken arm;
Art. 1064 of the Civil Code of the Russian Federation - when bitten by a dog or other animal;
Art. 1079 of the Civil Code of the Russian Federation - in case of road accidents and other industrial injuries;
Art. 1064 of the Civil Code of the Russian Federation - due to a fall into an open hatch due to the fault of the housing and communal services.

Here, the main factor in recognizing a claim for moral compensation will be the recognition of the negligent or intentionally guilty action of the defendant.

Moral compensation for personal injury is compensated regardless of compensation for material damage and its amount is determined as a separate amount.

Features of collection

The main difficulties of compensation for personal injury lie in determining moral damage. This aspect is of an evaluative nature, and the plaintiff often demands an amount disproportionate to the moral suffering caused to him. Therefore, the court always determines the proportionality of the claims with the actual damage caused. This takes into account the severity of the physical harm, the share of fault and the financial situation of the defendant.

The court can recover money only for physical harm to health, leaving claims for compensation for moral damage without attention.

How to calculate the size?

Reference! The legislation does not establish certain criteria according to which special calculation formulas can be applied.

Mostly, the amount of claims is based on subjective guidelines, but the main decision is made by the court, which has the right to recognize the claim in whole or in part, reducing its amount based on the decision made.

However, judicial practice has established certain frameworks within which the conditional settlement rule is applied. What amount can constitute compensation for moral damages for average harm to health? If you receive average harm to health, the amount of claims is determined in the range from 60,000 rubles to 480,000 rubles. In this case, the presence of intent on the part of the person and the specificity of the injuries are of primary importance.

For example, in the event of an industrial accident or an accident in which the official or driver did not have direct intent to cause harm, the claim may be awarded in the amount of 60 thousand. If the victim was not provided with timely assistance, or it caused additional suffering, the amount increases proportionately.

For example, after the fall of reinforcement that hit a builder, the site manager, without waiting for the doctors to arrive, took the worker to the hospital in his personal vehicle. Since his actions were deprived of the required experience, the affected organs were displaced in an incorrect position during transportation, which led to additional suffering for the worker and significantly increased the rehabilitation period.

After recovery, the worker filed a claim in the amount of 70 thousand rubles, which was recognized by the court in full.

The maximum amount of compensation for moral damage in the event of bodily injury and harm to health of moderate severity is accrued if the complex of criminal actions of the attacker affected the moral state of the victim extremely deeply. For example, in addition to humiliating and painful forms of harm, torture can be qualified under Article 117 of the Criminal Code of the Russian Federation. During the torture, he experienced the fear of death, and his psyche was subjected to the deepest stress.

Or, if the criminal knew that the victim was engaged in a certain type of activity, and deliberately caused harm to those parts of the body that are necessary in the professional performance of functions. For example, irreversible damage to the hands of a pianist or violinist, damage to the feet of a ballerina. And also - when the victim was obviously a minor or minor.

Payment procedure

When making calculations regarding what amount should be reimbursed, the following factors are taken into account:

age of the victim. Until the victim reaches the age of fourteen, only the amount that can be spent or has already been spent on treatment is taken into account (if the treatment is long-term, then the amount that can be demanded to be paid in court is calculated based on the necessary treatment measures and the cost of services for their implementation). In addition, the lost earnings of the parent or other legal representative who cares for the victim are taken into account;
if we are talking about a person whose age ranges from fourteen to eighteen years, then the calculation of the compensation payment includes not only the amount spent on treatment, but also possible lost earnings during the recovery period of the victim if he worked. If the victim does not have official employment, then only the amount of treatment expenses is taken into account when making the calculation;
if we are talking about a victim who has reached the age of eighteen years, then the calculation of compensation is made on the basis of the lost earnings of such a person. If such a person did not have a regular income, for example, due to studying full-time at a vocational educational institution, then the calculation will be made based on the cost of treatment and restoration of working capacity, if any, was lost.

In order for compensation to be calculated in full, it is necessary to save all documents that confirm the implementation of certain treatment options, checks and payment receipts for payment for certain medical procedures, as well as medicines that were purchased during the treatment period, rehabilitation route maps after completion of the treatment process, if such rehabilitation is necessary for the full restoration of professional or general working capacity.

Step-by-step instruction

In order to receive compensation for moral damage, you need to file a claim as part of a criminal proceeding or separately based on the results of recognizing an accident at work. If there was a simultaneous material loss, it is permissible:

combine penalties for moral and material damage in one application;
file two claims at the same time;
bring claims at different times, independently of each other.

Jurisdiction

This issue is resolved in a court of general jurisdiction of the first instance at the place (district) of the defendant’s residence in accordance with Article 28 of the Code of Civil Procedure, or at the place of consideration of the criminal case. In a criminal case, a claim may be filed in the following order:

simultaneously with the consideration of a criminal case;
after the court decision is made, based on the extract received.

Statute of limitations

The general limitation period according to Article 196 of the Civil Code of the Russian Federation is 3 years from the date of receipt of average harm to health. In such matters, the statute of limitations is canceled if previously caused harm has become the cause of new grave circumstances. For example, the consequences were felt after several years and led to a chronic illness, constant pain or loss of ability to work.

However, to extend the period, it will be necessary to restore the cause-and-effect relationship and prove that the cause lies in previously received injuries.

Features of drawing up an application

Recovery is required by a statement of claim drawn up in the form established by Article 131 of the Code of Civil Procedure of the Russian Federation. The header of the application is drawn up according to the general form. Name of the document: “Statement of claim for recovery of moral damages for causing harm to health of moderate severity.”

The cost of the claim is indicated at the very beginning of the document, after its name. It is entered in numbers and in words. After indicating the amount to be recovered, the main text of the application follows, which provides detailed and convincing justification for the legality of the recovery.

For your information! The text begins with the circumstances of the crime, or a description of the accident certified by the act.

Immediately you need to send a reference to the details:

accident report;
traffic police report on road accidents;
materials of the criminal case;
extracts from a court decision in a criminal case.

After this, a list of injuries received is given, indicating that they are characterized as harm to health of moderate severity. An appropriate link is provided to the conclusion of the Bureau of Medical Examiners and other documentation. The following text depends on the situation:

It can begin from the moment the crime was committed or from the background of the incident, if this is related to the moral suffering of the plaintiff.
You can succinctly list the injuries sustained and the amount of pain the plaintiff experienced.
Be sure to focus on the abusive or negligent attitude of the perpetrator towards the victim.

After setting out the circumstances of the case, a petition to the court is formulated, which consists of a request:

admit the claim;
recover the amount of the claim from the perpetrator (indicate in numbers and words).

At the end, a date, signature and a list of attachments from among the documents that are attached as evidence are indicated.

Documents and evidence

Everything stated in the application must be supported by evidence. Evidence may include the following official documents:

accident report;
extract from the court decision;
a certificate from the police department confirming the transfer of the criminal case to court;
conclusion of the bureau of forensic examination;
opinions of independent experts;
extracts from the medical history;
documents confirming the completion of psychological rehabilitation.

In addition, photographs and video materials, oral and written testimony can serve as evidence.

Attention! If the victim is in the hospital, he has the right to issue a power of attorney certified by the chief physician, transferring it to an authorized person.

How to file a claim

The claim must reflect the following points:

"A cap". The full name of the court that will hear the case, the details of the plaintiff and the defendant are indicated here.
The bottom line. The circumstances of the case are described in detail, and what kind of harm was caused to health. Medical documents confirming physical damage and financial expenses are also provided here. The legal grounds for collecting money from the culprit are indicated. Information on compliance with the pre-trial procedure for contacting the defendant.
The pleading part. Here the plaintiff sets out his demands and asks the court to recover damages from the defendant.
Applications. This may include a list of regulations and other information relevant to the case.

Sample statement of claim for compensation for damage from a crime

The date of preparation is indicated at the bottom of the document, and the claims are certified by the signature of the plaintiff.

The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.

When can they refuse?

Naturally, not every claim is satisfied by the court, especially in the case of a demand for material compensation. The main motive for refusing to recognize claims is the fault of the victim, which caused the accident or work injury.

And sometimes - a criminal offense, if it was associated with excess of self-defense, when the victim was attacked. The intent of the victim, qualified in accordance with the provisions of Article 1083 of the Civil Code of the Russian Federation, relieves the defendant of guilt in a civil suit.

Also, a refusal may follow if it does not clearly follow from the evidence presented that moral damage arose due to the injuries received.

How to prove a death threat?

If it turns out that you received threats without witnesses, and there is no direct evidence left, to prove it you need to arm yourself with characteristics of the criminal’s personality from neighbors, from the attacker’s employment.
The harmful habits of the threatening person, for example, alcoholism, will especially help. Often, even just the aggressiveness of a criminal in life can contribute to a conviction.
Witness statements may be provided as evidence.
If possible, use audio or video recording equipment. In the event of a collision on the street, it is better to communicate near the nearest surveillance cameras.

Where to go if you receive death threats?

You can submit an application to both the prosecutor's office and the police.

Step-by-step steps for contacting the police:

Write a statement.
Receive a notification ticket from the duty station.
Within 10 days you will be given a decision to initiate/refuse to initiate a criminal case.
If you are refused to initiate a case, contact the prosecutor's office or court to appeal the decision and provide evidence that the threat is likely to be carried out.
If the judge does not consider a threat to life or serious harm to health probable, the aggressor can be held accountable in accordance with the Civil Code of the Russian Federation, since the right to private life is violated.

It is important to indicate in the content of the appeal that the threats of violence are not only real, but were also made to intimidate and morally suppress the victim. Without this, the case will be refused.

Important!

Refusal to consider a criminal case in the absence of a real threat is justified and legal.
However, the applicant has the right to appeal the refusal decision to the head of the investigative body, to the court or to the prosecutor in accordance with Chapter 16 of the Code of Criminal Procedure of the Russian Federation
.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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Questions for lawyers

Death threat

Hello, I have the following question: My brother was in prison under Article 111 Part 4, at the moment he has served his sentence and now he directly tells me that he will kill me, I am very afraid because I know his character regarding what I told him, I will go to he answers the police, I’m not afraid of prison, but if they put me in prison, I’ll do my time, and when I get out, I’ll find you and kill you. By the way, he was released on parole, his sentence hasn’t ended yet, please help me, in my situation, I don’t know what to do? Thank you!

Lawyers' answers

Krasilnikov Alexander
Hello, Victor! If there are real reasons to fear that the threat will be carried out, you need to report the fact of the death threat to the nearest Police department. Within three days a decision will be made to initiate a criminal case. It is advisable to state in detail the circumstances of the threats in a message about death threats, as well as provide an audio recording of the threats (if any).

Threat to life and police inaction

Hello. A neighbor from the top floor threatened me on the phone at night (2.00), sends threatening SMS, walks around the entrance, throws objects from the window. Threats - I will kill, imprison, blow up (damage) the car, he said several people will rape me. I have a daughter, my neighbor is provoking my husband. The reason for the threats is that I do not give him a bank certificate, he is selling an apartment (I am in a HOA), he has a debt. I contacted to the district police officer, wrote a statement, the district police officer promised to resolve the issue. 5 days have passed, nothing has changed, only worse... All the wheels are cut, the car is scratched, threatening calls and SMS continue. What should I do?

Lawyers' answers

Ryganov Igor

You need to make sure that the local police officer has registered your application and that an actual check is being carried out on it. To do this, contact the district police officer so that he provides the KUSP number, or any other registration data, namely the KUSP. You can go to the police duty station and find out there whether the local police officer has registered your application. Another option is to submit a written application requesting information about the results of the verification of your application. If your car is damaged, contact the police and file a report. For every death threat, contact the police. A decision on a criminal complaint is made within 3-10 days. You need to wait for the test results. You must be notified in writing and sent a copy of the decision. Further actions based on the procedural decision made by the district police officer on your application. Don’t forget, you need to contact the police for every fact of any illegal action of a neighbor against you, and not accumulate events and worry.

Threat to life

A drunk neighbor burst into my private house with an ax (he had been convicted several times) and threats of murder. I grabbed the ax and tried to pull it out of his hands. After a short struggle, I pulled it out and hit the attacker on the head with the butt, after which I drove him out of the house. He came again, this time with a knife, and cut my hand. A case was opened against him based on my statement. He wrote a statement in response. What do you think will happen, this is an excess of self-defense?

Lawyers' answers

Molodtsov Konstantin

Hello, because... he was armed and threatened to kill you; I think you did not exceed the limits of self-defense.

Guguchkin Alexander
In your case, an encroachment committed by a neighbor with penetration into your home can be considered unexpected, when you, as a defending person in a state of fright, were unable to objectively assess the degree and nature of the danger of such an encroachment. So, stand your ground, there was no exceeding the limits, as colleagues noted. Now, if you caused his death, that’s a different story, but not like that. Sincerely.