What are moral damages?
Moral damages refer to the violation of values that cannot be assessed in monetary terms, caused to the inner world of a natural person through the infringement of one of their rights, e.g. the right to personality.
The pecuniary compensation awarded to a natural person is freely determined by the court, either in money or in any other form indicated by the circumstances, provided that it is sought in the particular case and that the law expressly provides for such compensation, in order to avoid abuse of the term.
Moral damages concern exclusively the injured party themselves and should not be confused with mental distress, which concerns the relatives of a natural person who lost their life through the fault of a third party.
What is mental distress?
Mental distress is a narrower concept than moral damages. It concerns those cases where the court is called upon to award damages to the close relatives of a person who lost their life through the fault of a third party (e.g. homicide, medical malpractice, road traffic accident, etc.).
As one can easily understand, the psychological pain caused by the death of a loved one is particularly intense and lasting, which is why the damages awarded by the courts in such cases are, as a rule, higher compared to ordinary moral damages.
As regards the persons entitled to claim damages for mental distress, the criterion is not the degree to which they are affected by the circumstances and consequences of the death, but the closeness of the family relationship.
For this reason, such damages are, as a rule, awarded only to persons forming the “inner core” of the victim’s family (children, parents, spouse, even a fiancée, as well as a separated spouse, but not a person with whom the deceased was in a free cohabitation arrangement), while it is irrelevant whether they are able to perceive the event and its consequences at that moment.
For example, if a pregnant woman is involved in a road traffic accident with her husband and he loses his life, provided that their child is born normally, the child is entitled to claim damages for mental distress arising from the father’s death.
FREQUENTLY ASKED QUESTIONS ON MORAL DAMAGES & MENTAL DISTRESS
1. When am I entitled to compensation for moral damages?
You are entitled to pecuniary compensation when a right of your personality has been infringed or when you have suffered a tort that caused harm to values not assessable in money, such as honour, reputation, bodily integrity, or mental health. Typical examples include: road traffic accidents involving injury, medical malpractice, defamation, unlawful disclosure of personal data, work-related accidents, and physical violence.
The amount is freely determined by the court, on the basis of the gravity of the infringement, the circumstances, the degree of fault of the wrongdoer, and the social and economic situation of the parties. There is no fixed schedule of amounts, which is why the proper substantiation of the lawsuit is of decisive importance.
2. Which relatives are entitled to compensation for mental distress?
The right belongs to persons within the close family core of the deceased: spouse (even if separated), fiancée, children, parents, siblings, grandparents, and grandchildren. A child born after the death of the parent also retains this right. By contrast, a partner in a free cohabitation relationship without a registered partnership agreement is generally not included among those entitled.
The degree of psychological pain of each individual is not examined; what matters is the family relationship. Even if a person entitled does not perceive the event due to age or state of health, they retain the right. The amount, however, varies depending on the closeness of the relationship and the circumstances.
3. What can I do to claim compensation?
The route is to file a lawsuit for damages before the competent civil court, usually the Single-Member or Multi-Member Court of First Instance, depending on the amount claimed. If the harm arose from a criminal offence (road traffic accident, homicide, bodily harm, defamation), you may additionally join as a civil claimant in the criminal proceedings and seek pecuniary compensation.
Before filing the lawsuit, an extra-judicial notice and an attempt at settlement usually precede, especially when an insurance company is involved. In road traffic accident cases, the lawsuit is also directed against the insurer, which is liable up to the insured amount.
4. Within what time must I take legal action?
A claim for damages arising from a tort is, as a rule, time-barred after five years from the time the injured party became aware of the damage and the wrongdoer, and in any event after twenty years from the commission of the act. Where the act simultaneously constitutes a criminal offence with a longer criminal limitation period, the longer period applies.
The hearing of a lawsuit for damages usually takes between one and two years at first instance, while if an appeal is lodged, an additional two years may be added. In road traffic accident cases with insurance coverage, there is also the possibility of an out-of-court settlement within a short period.
5. What documents do I need for my lawsuit?
For moral damages arising from injury, you will need medical certificates, hospital discharge papers, expert opinions, receipts for expenses, photographic material, witnesses, as well as a police report if a road traffic accident is involved. In cases of infringement of personality or defamation, the relevant publications, posts, messages or videos are required, as well as psychological opinions on the impact.
For mental distress, you will need a death certificate, family status certificates, a forensic medical report, the criminal case file, and witness testimony regarding the relationship with the deceased. The completeness of the evidence directly affects the amount of damages awarded.
6. What is the role of the lawyer in such cases?
The lawyer assesses the merits of the claim, gathers the evidence, realistically calculates the amount sought on the basis of case law in similar cases, and drafts the lawsuit with full substantiation. Proper quantification is critical: an excessive claim leads to unnecessary court costs, while a low claim deprives the injured party of what they are truly entitled to.
Our firm handles cases of damages from road traffic accidents, work-related accidents, medical malpractice, infringements of personality, and mental distress of relatives, with experience both in litigation and in out-of-court resolution through insurance companies.