This article will consider the issue of making claims for personal injury loans.
If a citizen is morally injured (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible goods belonging to a citizen, as well as in other cases provided for by law, the court may impose on the violator the duty of monetary compensation for the said harm. In determining the amount of a personal injury loan for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. 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.
Grounds for personal injury loans.
A common basis for compensation for moral harm is the existence of a civil liability structure in the actions of the harm-doer.
It should be noted that in cases where the harm to health is caused by a source of increased danger, such harm is compensated regardless of the fault of the harm-doer.
Determination of the amount of a personal injury loan.
The amount of personal injury loans is not established by law. Initially, the amount will be determined by the victim independently at their discretion. At the same time, when making a decision, the court has the right to reduce the amount of a personal injury loan that was declared to the victim.
In determining the amount of a personal injury loan for non-pecuniary damage, the court is guided by the requirements of reasonableness and justice, and also proceeds from the degree of moral or physical suffering associated with the individual characteristics of the person harmed, the extent of the offender’s guilt and other circumstances of each case that deserve attention.
We will analyze each of these elements separately:
1. The degree of physical suffering.
This criterion is based on the severity of the harm caused to health, the duration of treatment, physical suffering associated with injury and treatment.
2. Degree of moral suffering.
This criterion is formed on the basis of the degree of fear and experience received at the time of the event, the experiences received during the further treatment. It can be expressed in treatment for psychological help, in limiting the normal way of life.
3. The fault of the inflictor of harm.
The degree of guilt of the harm-bearer is taken into account when determining the amount of compensation. For example, compensation for moral harm in the deliberate actions of the culprit should be higher than compensation for moral harm caused by careless actions, all other things being equal.
4. Other noteworthy circumstances.
Under other circumstances, when you apply for a loan that determines the amount of a loan, it is possible to consider such categories as old age or vice versa, the age of the victim who was injured in health, the behavior of the harm-doer immediately before the injury and after it, the individual characteristics of the victim’s personality, etc.
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