According to Article 1085 of the Civil Code of the Russian Federation, the volume of compensable harm caused to health includes:

Compensation for damage caused to health. We guarantee a refund if your case is lost. Our phone number is in Moscow.

Compensation for harm to human health and life is one of the most complex categories of cases in judicial practice. This is due to the fact that these disputes are accompanied by many legal nuances. It is quite problematic for an unprepared person to understand these issues on their own, therefore, to successfully resolve the process, it is better to enlist the support of an experienced lawyer.

In accordance with current legislation, our board has insured its liability to clients for 5 million rubles. If the case is unsuccessful, the insurance company will compensate for all losses within the specified insured amount.

Federal Law on advocacy and the legal profession in the Russian Federation dated May 31, 2002 N 63-FZ (Article 19. Insurance of the risk of a lawyer’s liability): A lawyer, in accordance with federal law, insures the risk of his professional property liability for violation of the terms of an agreement concluded with the client on providing legal assistance.

Our company is the only one that provides liability insurance for lawyers! We are the first legal entity that guarantees the return of funds in the event of a verdict not in favor of our client.

Classification of harm

Damage caused to human health is included in the category of intangible benefits. It is expressed:

1. In property form, when the extent of damage can be accurately assessed.
2. In a moral form, when the damage brought physical and moral suffering.

Where to submit

In accordance with Art. 23 of the Code of Civil Procedure of the Russian Federation, property claims (which include claims for compensation for damage, since the plaintiff requests certain amounts in compensation for damage to health) are considered:

• by justices of the peace - if the value of the claim is up to 100,000 rubles;
• district or city courts - if the value of the claim is more than 100,000 rubles.

The cost of a claim is a special procedural category that allows you to determine jurisdiction and the amount of state duty. In accordance with Art. 91 of the Code of Civil Procedure of the Russian Federation, this is the sum of all the plaintiff’s claims. At the same time, according to Art. 333.19 of the Tax Code of the Russian Federation, it includes only claims that are subject to assessment, that is, compensation for moral damage is not included in it. In addition, when collecting periodic payments, payments for 3 years are taken into account.

What is compensation for damage caused to health?

A person whose actions or inactions cause injury to another must compensate that person for wages lost as a result of the period of incapacity.

In addition, the person who caused physical damage to the victim is also obliged to provide compensation for damage caused to health. He must compensate for the costs of treatment: purchasing medications, special means of transportation, preparing a special diet, and staying in a hospital. These payments are possible if the court found that the victim really needed certain medical care and was not able to receive it free of charge.

The victim also has the right to receive compensation for the costs of specialized retraining if the damage received does not allow him to continue working in his existing profession.

When to write: general questions

A claim is filed if:

• damage has been caused;
• there is a specific cause of it (both directly and indirectly - a vehicle belonging to a citizen, as a result of an animal bite that was not supervised, the employer’s property, etc.).

If there is harm to health, a claim for compensation may include demands for full compensation, including expenses for treatment, lost earnings, the purchase of prosthetics or treatment in a sanatorium, etc. The main criterion is the need for expenses to restore health. It is established based on the prescription of the attending physician.

Limitation period under Art. 208 of the Civil Code of the Russian Federation does not apply to these requirements. But if it is missed (3 years from the moment the corresponding right arises), the requirements will be satisfied for a period of 3 years before the court appeals.

Procedure for compensation for harm to health

In practice, compensation for damages usually occurs in accordance with a court order.

In order to receive payments from the person who caused harm to health, it is necessary to file a corresponding statement of claim with the court located at the place of residence of one of the parties. In this case, it is necessary to collect evidence sufficient to make an objective and legal decision:

1. All expenses for medical care and drugs must be supported by receipts and receipts for payment, as well as prescriptions from the attending physician.
2. When purchasing medical equipment and supplies, conducting operations, it is required to save contracts, invoices, invoices and other documents confirming costs.
3. To receive payments for loss of income during illness, you must receive certified copies of a closed sick leave certificate at your place of work, as well as a calculation of the average salary for the entire period of incapacity.

Compensations and their amounts are reflected in Articles 1084-1094, Part 2 of the Civil Code of the Russian Federation.

In what cases is a lawyer required?

When compensating for harm caused to life or health, you should resort to the services of a specialist:

• to a minor;
• as a result of an accident;
• while performing military service;
• due to an accident at work;
• when receiving a disease or injury as a result of professional activity;
• due to criminal acts.

8

Ask a Question

Request a call

We will respond to you promptly and offer to choose a time at which the lawyer can see you.

List of documents required for compensation for damage to health

• receipt of payment of state duty;
• documents confirming treatment, purchase of medicines and equipment;
• certificate 2-NDFL with calculation of the average amount of income for the year before the damage occurred;
• papers confirming the validity of costs;
• documents describing the degree of disability of the victim;
• papers certifying the fact of the incident and causing harm to life or health.

According to Article 1085 of the Civil Code of the Russian Federation, the volume of compensable harm caused to health includes:

a) earnings (income) lost by the victim, which should be understood as funds received by the victim under employment and (or) civil law contracts, as well as from entrepreneurial and other activities (for example, intellectual) before causing injury or other damage to health. It should be taken into account that compensation for harm does not include pensions, allowances and other social payments assigned to the victim both before and after the harm was caused, as well as earnings (income) received by the victim after damage to health; b) expenses for treatment and other additional expenses (expenses for additional food, purchase of medications, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, etc.). Courts should keep in mind that the costs of treatment and other additional expenses are subject to compensation by the tortfeasor if it is determined that the victim needs these types of assistance and care and is not entitled to receive them free of charge. However, if the victim, who needs these types of assistance and has the right to receive them free of charge, was actually deprived of the opportunity to receive such assistance in a high-quality and timely manner, the court has the right to satisfy the victim’s claims to recover from the defendant the expenses actually incurred by him. Unlike lost earnings (income), the amount of additional expenses is not subject to reduction even in the event of gross negligence of the victim, since when compensating for them, the guilt of the victim by virtue of paragraph 2 of Article 1083 of the Civil Code of the Russian Federation is not taken into account. The amount of lost earnings of the victim, in accordance with paragraph 1 of Article 1086 of the Civil Code of the Russian Federation, is determined as a percentage of his average monthly earnings at the choice of the victim - until injury or other damage to health or until he loses professional ability to work, and in the absence of professional ability to work - until loss of general ability to work. The average monthly earnings (income) of the victim is calculated in the manner established by paragraph 3 of Article 1086 of the Civil Code of the Russian Federation. In this case, all types of remuneration of the victim, both at the place of main work and part-time work, subject to income tax, are taken into account, and one-time payments are not taken into account (clause 2 of Article 1086 of the Civil Code of the Russian Federation). The lost earnings (income) of the victim are subject to compensation for the entire period of his loss of ability to work. By virtue of paragraph 5 of Article 1086 of the Civil Code of the Russian Federation, if in the earnings (income) of the victim before the injury or other damage to health was caused, sustainable changes occurred that improved his financial situation (if his salary for his position was increased, he was transferred to a higher-paying job, he entered to work after graduating from an educational institution for full-time study and in other cases when the stability of the change or the possibility of changing the insured’s wages has been proven), when calculating his average monthly earnings, the earnings (income) that he received or should have received after the corresponding change can be taken into account . In the case where the victim was not working at the time of the harm, at his request, his earnings before dismissal or the usual amount of remuneration for an employee of his qualifications in the given area are taken into account. It should be borne in mind that in any case, the calculated average monthly earnings cannot be less than the minimum subsistence level established in accordance with the law for the working population in the Russian Federation as a whole (clause 4 of Article 1086 of the Civil Code of the Russian Federation). This provision is subject to application both to non-working pensioners and to other persons not working at the time of causing harm, since paragraph 4 of Article 1086 of the Civil Code of the Russian Federation does not contain any restrictions on the range of subjects, depending on the reasons for the lack of permanent earnings. At the same time, when, at the request of the victim, to calculate the amount of compensation for harm, the usual amount of remuneration of an employee of his qualifications (profession) in a given area and (or) the cost of living of the working population as a whole in the Russian Federation is taken into account, the court, in order to comply with the principles of equality, fairness and full compensation for harm has the right to take into account such amounts based on data on earnings for a homogeneous (same) qualification (profession) in a given area on the day of determining the amount of compensation for harm. If at the time of causing harm the victim was not working and did not have the appropriate qualifications or profession, then in relation to the rules established by paragraph 2 of Article 1087 of the Civil Code of the Russian Federation and paragraph 4 of Article 1086 of the Civil Code of the Russian Federation, the court has the right to determine the amount of average monthly earnings, applying the cost of living of the working population in general for the Russian Federation, established on the day of determining the amount of compensation for damage. If, when determining the amount of compensation for damage from the average monthly earnings (income) over the past period of time (at the choice of the victim - before causing injury or other damage to health or before he lost his professional ability to work), there was a depreciation of the amount of earnings, which does not allow compensation for the damage to the victim in full, the court with In order to comply with the principles of equality, fairness and full compensation for harm, the person has the right to apply the amount of earnings (income) corresponding to the qualifications (profession) of the victim in the given area on the day of determining the amount of compensation for harm. Compensation for harm caused to the health of a minor who has not reached the age of fourteen years (minor) and has no earnings (income) is made in the manner prescribed by Article 1087 of the Civil Code of the Russian Federation. The tortfeasor is subject to recovery of expenses incurred in connection with damage to health (costs of caring for the victim, additional nutrition, prosthetics, sanatorium treatment and other expenses actually incurred in connection with the injury that the victim needed). When a minor victim reaches the age of fourteen years, as well as in the event of harm being caused to a minor aged fourteen to eighteen years who does not have earnings (income), they have the right to compensation for damage associated with the loss or reduction of working capacity, based on the established in accordance with with the law of the subsistence minimum for the working population as a whole in the Russian Federation. Within the meaning of paragraph 4 of Article 1087 of the Civil Code of the Russian Federation, a minor who has suffered health damage before starting work has the right to demand an increase in the amount of compensation for harm in accordance with the qualifications received. In this regard, the courts should keep in mind that since the said norm does not establish restrictions on repeated increases in the amount of compensation, if the victim further improves his qualifications (for example, after graduating from a secondary or higher vocational education institution, etc.), he has the right demand an increase in the amount of compensation for damage. The amount of compensation for harm in this case is determined taking into account the actual earnings received, but not lower than the amount of remuneration established for the position held, or the earnings of an employee of the same qualification at the victim’s place of work. Considering that causing harm to the life or health of a citizen detracts from his personal non-material benefits and entails physical or moral suffering, the victim, along with compensation for property damage caused to him, has the right to compensation for moral damage, subject to the guilt of the harm-doer. Regardless of the guilt of the causer of harm, compensation for moral damage is provided if harm to the life or health of a citizen is caused by a source of increased danger (Article 1100 of the Civil Code of the Russian Federation). In this case, the court should keep in mind that since the victim in connection with harm to his health in all cases experiences physical or moral suffering, the fact of causing him moral harm is assumed. In this case, only the amount of compensation for moral damage is subject to determination. At the same time, when considering cases of compensation for moral damage in connection with the death of the victim to other persons, in particular members of his family, dependents, the court must take into account circumstances indicating that these particular persons have suffered physical or moral suffering. These circumstances also influence the determination of the amount of compensation for this harm. The presence of a family relationship in itself is not a sufficient basis for compensation for moral damage. When determining the amount of compensation for moral damage, the court, taking into account the requirements of reasonableness and fairness, should proceed from the degree of moral or physical suffering associated with the individual characteristics of the person who suffered harm, the degree of guilt of the offender and other noteworthy circumstances of each case. According to paragraph 1 of Article 1089 of the Civil Code of the Russian Federation, the amount of compensation for damage caused by the death of the breadwinner to the above persons is calculated from the share of the earnings (income) of the deceased that they received or had the right to receive for their maintenance during his life. Along with the earnings of the deceased, determined according to the rules of Article 1086 of the Civil Code of the Russian Federation, his income also includes pensions, lifelong maintenance, allowances and other similar payments received by him during his lifetime (for example, royalties). At the same time, the amount of compensation for damage does not include pensions, earnings (income), or stipends paid to persons in connection with the death of the breadwinner, both before and after the death of the breadwinner. When resolving the claims of persons entitled to compensation for damage in connection with the death of the breadwinner, it is necessary to take into account that the amount of compensation for damage to these persons can be calculated not only from the earnings (income) of the deceased actually received during his lifetime, but also from that earnings (income) ), which was due to him during his lifetime, but was not paid for some reason. It should be taken into account that when determining the amount of compensation for harm to children who have lost both parents, it is necessary to proceed from the total amount of earnings (income) of the deceased. The courts should be drawn to the fact that, by virtue of paragraph 3 of Article 1089 of the Civil Code of the Russian Federation, recalculation of the amount of compensation for damage in connection with the death of the breadwinner is not allowed. Exceptions are cases when: a) the share of each person receiving such compensation must be reduced in order to allocate the share that is due to a child born after the death of the breadwinner, and (or) a person appointed to care for the children, grandchildren, brothers and sisters of the deceased breadwinner; b) the share of each increases at the expense of the share of the person appointed to care for these persons, if the need for such care no longer exists and if during the period of such care the person providing it has not lost his ability to work. When resolving disputes about the amount of compensation for harm in connection with an increase in the cost of living, courts should keep in mind that, in accordance with the requirements of Article 1091 of the Civil Code of the Russian Federation, the amount of compensation for harm caused to the life or health of the victim is subject to indexation taking into account the level of inflation (Article 318 of the Civil Code of the Russian Federation) established in the federal law on the federal budget of the Russian Federation for the corresponding year. The monthly amount of compensation for damage awarded by a court decision in case of an increase in the cost of living (Article 1091 of the Civil Code of the Russian Federation) in connection with the establishment in the federal law on the federal budget of the Russian Federation for the corresponding year of the inflation rate can be indexed at the request of the claimant by the court that considered the case, in accordance with Article 208 of the Civil Procedure Code RF, if the debtor does not make such indexation of the amounts of compensation paid by him on a voluntary basis. In accordance with Part 3 of Article 209 of the Code of Civil Procedure of the Russian Federation, the victim, as well as the person charged with the obligation to compensate for harm, has the right to apply for a change in the amount of compensation for harm. The grounds for changing the amount of compensation for harm in accordance with Article 1090 of the Civil Code of the Russian Federation are: a) a change in the degree of disability of the victim; b) change in the property status of the victim and (or) the causer of harm. In the event of an improvement in the property status of the tortfeasor, the victim has the right to demand an increase in the amount of compensation if the court has applied the rule on taking into account the property status of the tortfeasor and the compensation does not reach the full amount. At the same time, if the property situation of the harm-doer has worsened due to disability or reaching retirement age, the amount of compensation for harm at his request may be reduced by the court, except in cases where the harm was caused intentionally. According to the provisions of Article 1092 of the Civil Code of the Russian Federation, the court, taking into account the capabilities of the tortfeasor, has the right to recover payments for the future in a lump sum, but not more than for three years. Such a collection procedure is permissible at the request of the victim if there are good reasons (for example, when the debtor is expected to leave the Russian Federation for permanent residence, when the execution of a court decision becomes impossible or difficult, as well as in the difficult financial situation of the victim, who has dependent children and is in need in receiving a lump sum to cover necessary expenses). Additional expenses are reimbursed within the time limits determined by the medical examination report. If, during the consideration of the case, it is established that the victim needs appropriate services and property (sanatorium treatment, prosthetics, etc.), but does not have sufficient funds to purchase them, the court may oblige the tortfeasor to pre-pay the cost of such services and property. Failure to pay amounts of compensation for harm or improper fulfillment of an obligation (payment of amounts of compensation for harm in a smaller amount than required) may serve as the basis for the collection of interest in the manner prescribed by paragraph 1 of Article 395 of the Civil Code of the Russian Federation. When considering cases related to the capitalization of payments in the event of bankruptcy (liquidation) of a legal entity recognized in accordance with the established procedure as responsible for damage caused to the life or health of the victim (who is not the insured or other person entitled to insurance payments), it is necessary to find out whether there was the consent of the victim to the transfer to the Russian Federation of the right of claim against the debtor in the amount of capitalized payments (clause 3 of Article 135 of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”). It is necessary to take into account that if the victim receives capitalized payments calculated by the bankruptcy trustee, the obligation of the debtor declared bankrupt is terminated. If the right of claim against the debtor in the amount of capitalized payments passed to the Russian Federation with the consent of the victim (at the request of the Federal Tax Service, which represented the interests of the Russian Federation on mandatory payments and monetary obligations in the debtor’s bankruptcy case), then the state’s obligation to pay monthly amounts in compensation harm to the health of the victim should be carried out at the expense of the treasury of the Russian Federation (federal budget) represented by the Ministry of Finance of the Russian Federation, since until now the Government of the Russian Federation, which, by virtue of Article 135 of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency” (bankruptcy)” the procedure and conditions for capitalization of the corresponding time-based payments should have been determined, the state body authorized to make these payments should not have been determined, and after such a body has been determined, this body has not been determined. It is necessary to take into account that the implementation of the rights of citizens to receive compensation for harm in full cannot be made dependent on the receipt (in whole or in part) or non-receipt of funds to the state income.

What documents will be needed

A whole set of documents will be required as an appendix to a claim for damages, since each party is obliged to prove its position in court (Article 132 of the Code of Civil Procedure of the Russian Federation):

• documents confirming what happened, the guilt of the causer of the damage, the direct connection between his actions and the damage caused (documents of the competent authorities: resolutions, conclusions, acts, etc.);
• a conclusion on the degree of disability, the diagnosis, existing injuries, other medical documents on the harm caused and the necessary treatment (medical and outpatient records, extracts from them, etc.);
• documents confirming expenses (checks, receipts, etc.), calculation of lost earnings, which is calculated as the difference between average earnings and income received during the treatment period;
• certificate of sending documents to the defendant (which he does not have).

Claimants in cases of compensation for damage are exempt from paying state fees.