How to calculate moral damages

Moral damages are a form of reparation for non -patrimonial damage caused to a person. They can occur in various situations, such as traffic accidents, physical aggression, defamation, among others. Calculating the value of moral damages can be a complex process, as it involves the subjective assessment of suffering caused to the victim.

What are moral damages?

moral damages are injuries caused to honor, image, intimacy, private life and the dignity of a person. They have no direct relationship with financial losses, but with the psychological and emotional suffering caused by the violation of fundamental rights.

How to calculate the value of moral damages?

Calculation of the value of moral damages is not an easy task, as there is no accurate mathematical formula to determine the amount to be paid. However, there are some criteria that can be considered in the evaluation:

1. Severity of damage: The more serious the damage, the greater the value of compensation;
2. Damage repercussion: If damage has caused a significant impact on the victim’s life, this can influence the value of compensation;
3. Offenser’s economic condition: If the offender has a favorable economic condition, this can be taken into consideration to increase the value of compensation;
4. Judicial Precedents: It is common for courts to use previous decisions as a reference to determine the value of moral damages;
5. Evidence presented: Documents, witnesses and other evidence can be used to prove the occurrence of damage and influence the value of compensation.

It is important to emphasize that each case is unique and the value of compensation may vary according to the specific circumstances of each situation. Therefore, it is essential to have the help of a lawyer specializing in Civil Law to guide and represent the victim in search of repair of moral damages.

Conclusion

Calculating the value of moral damages is a complex and subjective process. It is necessary to take into consideration several factors, such as the severity of damage, the repercussion in the victim’s life and the economic condition of the offender. Each case is unique and requires an individualized analysis. Therefore, it is essential to seek the help of a specialized lawyer to ensure fair and proper repair.