Average severity of injury to health in an accident

How is the severity of injuries sustained in a road accident assessed?

Even the most attentive and experienced drivers can get into an accident. Even if the accident was the fault of someone else, the consequences can be unpredictable. Some people get away with a slight scare or a couple of abrasions, but sometimes things turn out more seriously. You have to find out what the determination of the severity of injury to health in an accident is, in what order and what kind of research will be carried out, and study the list of necessary documents. The culprit will face serious punishment.

What is the purpose of setting the severity level?

If there are victims in a serious accident, an ambulance arrives, and all this is reflected in the accident certificate. The first side is reserved for recording information about the place and time of the incident, as well as about the participants, their vehicles, identification of insurance policies, etc. The second side contains information about the number of injured and dead, whether an ambulance was called, and if so, what brigade was leaving? This material is the first step towards determining in the future the damage received and its severity in an accident.

In Russia, research can be carried out for the purpose of:

determining the method of punishment for the guilty person;
receiving compensation from the insurance company.

A certificate of an accident must contain information about the victims or dead (on the reverse side).

If possible, it is worth checking what is written in the issued certificate about the incident as soon as possible. Incorrect, inaccurate information will complicate the work of the expert commission and the receipt of insurance payment.

It becomes possible to establish the severity of the harm caused to health using a forensic medical examination.

The implementation procedure strictly prescribed by law requires the fulfillment of mandatory criteria:

Exclusively government institutions carrying out forensic medical research and individual entrepreneurs licensed to perform this functionality are authorized to convene a commission and issue an opinion.
Only staff members of these institutions with appropriate expert qualifications have the right to conduct research.
A written ruling by a court is a necessary basis for initiating research. Permission can be obtained from the prosecutor's office or the police.
The working group certainly includes a forensic expert and doctors with a narrow specialization corresponding to the case under investigation.
All members of the commission are equally responsible for their decisions, are endowed with equal rights and have certain responsibilities.

Based on the results of the work, the commission will issue a conclusion indicating the connection between the cause and effect of the injuries/other harm received and the accident. Most often, in the presence of highly specialized doctors such as a gynecologist, narcologist or toxicologist, the severity of damage to health in an accident is determined. A gynecologist or a specialist in this field is present when a pregnant woman loses her child due to an accident. A psychiatrist is called in when the victim shows signs of a mental disorder.

If a person begins to use drugs or develops substance abuse after an accident, the commission will include a narcologist or toxicologist.

Established degree of harm

The damage caused, which characterizes the severity of injury in an accident, will be calculated using a special table. Damage to health is considered to be the changes that occur and the cessation of functioning of organs, tissues, and the body as a whole. This also includes impaired mobility of the limbs. Psychological problems or drug addictions and substance abuse that arose as a result of the incident are also equal to the harm caused.

According to Law No. 194n dated August 24, 2008, adopted by the Ministry of Health and Social Development of the Russian Federation, the resulting harm is divided into three degrees:

With the help of this division, the punishment for the person responsible for the accident is established.

The punishment awarded depends on the conditions of the particular case, but there are the following ways to influence the offender:

Causing minor harm to health is punishable by administrative liability. A fine of 2500 – 5000 rubles may be awarded. or up to 1 – 1.5 years, confiscation of a driver’s license.
When the expert opinion determines the average severity, the sanctions become stricter (penalty of 10,000 - 25,000, removal from the steering wheel for 1.5 - 2 years). The actions of the culprit still fall under the category of administrative offenses.
Serious infliction entails criminal liability; the violator can be imprisoned for three to nine years and the driver’s license confiscated for 3 years.

Those guilty of causing grievous harm have something to fear - their act will be regarded as criminally punishable.

Forensic experts decide how damage to health in a road accident is assessed. Often the judge's decision is based on the conclusions made by forensic experts.

Procedure for identifying damage received

To calculate the formula for calculating the severity of consequences in an accident, the convened commission is guided by the specified regulatory documents:

Decree of the Government of the Russian Federation No. 522 of August 17, 2007 - during the study.
Law No. 73-FZ of May 31, 2002 - for drawing up a conclusion.

The object of the study is:

living person;
corpse or its preserved parts;
all the material on the case that can be obtained.

During the procedure, all material related to the study is studied in detail:

administrative confirmation - certificate, resolution, photographs from the scene of the accident, if available;
medical documents - a report from the ambulance team that went to the scene, a patient’s card from the hospital.

Forensic experts can send a request to the clinic to issue a medical card to clarify whether the person being examined had injuries or serious illnesses before the accident.

Sometimes a forensic expert, with only medical information, is able to determine both the damage caused to health in an accident and the degree of severity. Some cases allow this possibility.

After receiving all the materials, the victim is interviewed and examined. All necessary additional examinations are carried out, for example, ultrasound. Measures are taken to accurately determine the condition of a person after a traffic accident.

Having received all the necessary information, the commission carefully analyzes it and issues its decision in writing. The document must indicate the severity of the harm caused, and at the bottom is the signature of the forensic expert who is part of the commission.

To obtain any additional information or documents, the forensic expert draws up a petition. Then the meeting of the commission will resume after receiving them.

What determines the degree awarded?

The person responsible for forensic analysis faces a number of questions. The answer to them will help him identify the severity.

The commission is obliged to find out:

how do the injuries inflicted during the accident affect the life of the victim - do they pose a danger, can they provoke death;
consequences of injuries received;
duration of disability – temporary (how long will it last) or permanent (what is its percentage);
resulting harm to health and life.

Persistent disability is understood as both an absolute loss of ability to work and a temporary one that tends to persist and recurs periodically.

Professional disability manifests itself in the inability to engage in a certain type of activity.

The degree of severity is assigned according to the table attached to the order of the Ministry of Health and Social Development of the Russian Federation No. 194n dated April 24, 2008.

Guided by the following:

qualifying characteristics;
medical criteria.

From this source, the percentage value of permanent loss of general ability to work is calculated in the event of significant damage, poisoning and other environmental influences. The score will always be a multiple of five for ease of calculation.

How is the severity of injury in a road accident determined?

A traffic accident is always an unpleasant situation for any of its participants. In most cases, the accident is accompanied by injuries of varying degrees. To determine the punishment for the guilty person and the possibility of calculating insurance payments, such a concept as assessing the severity of injury to health in an accident is used. It is carried out taking into account all the points outlined in the Order of the Ministry of Health, and is mandatory when applying to a medical institution for examination of injuries received by participants.

The need to assess the damage received

As a result of an accident, in some situations the presence of victims determines the need for an ambulance to arrive. Then the degree of injuries received is determined by the doctors of the emergency department of the medical institution where the victim is brought. Similarly, there may be situations when victims independently go to a hospital or clinic.

All doctors’ opinions subsequently become the basis for a general conclusion, which is taken into account by the court or the insurance company.

On the territory of the Russian Federation, research can be carried out for a specific purpose:

Determine the method of punishment for the guilty person. First of all, we will talk about whether it is possible to bring administrative or criminal liability. If the actions of the motorist and the consequences of the accident are considered by the Criminal Code of the Russian Federation, it is already determined which part of the article can be applied. The severity of the injuries received will significantly determine the punishment that the guilty motorist receives. Even if the driver was not under the influence of alcohol or drugs, causing grievous bodily harm is accompanied by punishment in the form of imprisonment. In some cases, he may be given a conditional discharge;
Determine the amount that the injured party can demand or receive as insurance compensation. In this case, the maximum possible amount, subject to application due to the presence of a compulsory motor liability insurance policy, can be 500 thousand rubles. Having determined the degree of damage received, they are converted into percentages, which are calculated based on the established percentage of disability.

Features of determining the degree of harm received

The procedure for determining the severity of the harm received is carried out taking into account the following nuances and features:

Only government institutions, which, in accordance with their profile of functioning, are classified as organizations conducting forensic medical research, have the right to conduct inspections, examinations and issue relevant conclusions. It is also allowed to apply issued opinions from individual entrepreneurs, provided that they are authorized to create commissions to issue opinions;
Despite the presence of a certain license to operate and other permits, not every employee of the institution has the right to record damage and issue an official conclusion. Only doctors on staff who have the appropriate expert qualifications have this opportunity;
If there is a need to conduct an examination by court decision, there must be permission received by the injured party and transferred to the medical institution. It can be obtained from the police or prosecutor's office;
The composition of the commission convened may differ depending on the nature of the injuries received. These may be doctors of a narrow specialization - a gynecologist, toxicologist, narcologist;
Regardless of the number of commission members, they are all endowed with equal rights, but at the same time they also have the same responsibilities. Physicians are responsible for the truthfulness and validity of these statements. If the conclusions contain distorted data, the persons who signed the document may be held accountable;
As a result of carrying out the work and making a general decision, the commission issues a conclusion on the relationship between the injury received and the immediate road traffic accident;
The presence of certain specialized specialists may be determined not only by the possible nature of the injuries received, but also by the specific condition of the person before the accident. For example, provided that a pregnant woman has been injured, the presence of a gynecologist is necessary in order to document the absence of harm to the health of the fetus or, conversely, to ascertain possible harm, miscarriage, etc.

Directly under the concept of “causing damage” are changes that have occurred in the human body that have occurred as a result of a certain physical impact. Such changes may include the cessation of the work of internal organs or certain changes in them that could affect their functionality. Damage may also include impaired mobility of the limbs.

For example, judicial practice knows a sufficient number of cases where an accident caused psychological problems that led to addiction to alcohol or drugs.

Object of study and legislative norms

According to regulations, the resulting harm is divided into three degrees of severity:

heavy, medium, light. In order to be able to determine the severity of the consequences of an accident, the commission that will be convened to identify the consequences is guided by the following documents:

Decree of the Government of the Russian Federation No. 522. It is used to directly conduct research regarding the severity of the harm received;
Federal Law No. 73, which directly determines the moments of drawing up the conclusion.

In accordance with regulations, the object of research may be:

Living person;
Corpse (parts of a corpse);
Materials relevant to the case. Such materials help to establish the connection between certain health conditions and the accident or the nature of the injuries received. For example, the direction of the blow received, etc.

Determining the severity of the injury

In the process of carrying out such a procedure, it is necessary to consider in detail all available material that is relevant to the accident. All documentary examinations and opinions given by medical workers and ambulance personnel are taken into account. Additionally, the victim’s card from a medical institution may be considered.

The examination is rarely limited solely to an external examination of the patient and analysis of the attached documentation. Additional examinations are prescribed that require samples. They may prescribe an ultrasound, x-ray, or MRI.

During the survey, the commission clarifies the following questions:

How did the injury affect the victim? It is being determined whether it poses a danger and can cause death;
The general consequences of the injuries received by the victim are determined;
What will be the duration of disability - temporary, during which the body is able to restore its original functions or stamina. In the second case, we can talk about assigning a disability group, then the loss of ability to work is expressed as a percentage. Based on their values, the group to which the disabled person will be assigned is determined. Moreover, persistent disability can also be temporary, when functions are restored, but after a sufficiently long period of time;
The extent of injuries received. Sometimes there are several injuries of different nature. In such situations, the doctor is guided by the most serious injuries, which determine the doctor’s final conclusion.

Such factors have a significant impact on the body's regenerative abilities. Certain injuries in people aged 20-30 years can cause loss of ability to work for 1-2 months. Along with this, at the age of 60 years and older, such identical disturbances in the functioning of the body lead to disability.

Loss of professional ability to work is considered separately. This factor becomes the basis for the possibility of recovering funds from the guilty party as compensation for the damage caused, as a result of which the person lost a certain part of his earnings.

Gradation of severity of harm received and loss of ability to work

In general, the criteria according to which the degree of harm caused is determined are as follows:

Serious harm. With it, loss of ability to work is determined to be more than 30%. The minimum recovery period for treatment will be 120 days or more;
Medium severity. With it, disability is in the range from 10 to 30%. The recovery period does not exceed 21 days;
Minor harm means loss of ability to work, which does not exceed the threshold of 10%. At the same time, doctors may not take into account minor abrasions and scratches that the victim received, although their fixation is a mandatory point.

Serious harm to health

Considering in more detail the question of in what situations the degree of injuries received is assessed as severe injuries, it is necessary to familiarize yourself with the list of those that may relate to it:

Ridge fracture. This may include damage to different departments;
Spinal cord injury;
Skull fracture;
Intracranial injury;
Bone fracture;
Organ loss;
Significant visual impairment or complete blindness;
Inability to recognize sounds (total deafness) or the ability to understand speech only at close range;
An interrupted pregnancy, provided that it was accompanied by the death of the child;
Miscarriage;
Mental disorder. It is included provided that it became the cause of the experiences suffered caused by the road traffic accident, including those injuries that the person received as a result of the accident;
Disfigured face. The degree of severity is determined by the need for prompt intervention by qualified specialists to eliminate the injuries that the victim received;
Excessive blood loss;
The emergence of dependence on alcohol or drugs.

It is worth noting that even in the presence of extremely light injuries, their number may lead to specialists establishing a higher percentage of loss of ability to work.

Assessing the extent of damage received after an accident helps determine the degree of punishment for the guilty person and what the amount of compensation for damage caused to the victim may be. Provided that the funds for treatment and recovery will not be enough even with full payment under compulsory motor liability insurance, which currently amounts to 500 thousand rubles, the victim should send a claim to the guilty party. Upon receipt of a refusal, all case materials are collected and a statement of claim is sent to the judicial authority.

Judicial practice of payments for causing harm to health of moderate severity

An accident always entails serious legal consequences. In one case, the culprit of the accident faces administrative liability, in the other – criminal liability. Sometimes you can get by with a fine, but in some situations the culprit has to fully compensate not only the cost of restoring the car after an accident, but also the damage caused to the health of the injured party. Those responsible for road accidents have the most questions when damage of moderate severity is caused.

Moderate harm

The main signs of moderate harm include:

damages and injuries that are not life-threatening (this includes a moderate concussion);
temporary disruption of the normal functioning of organs and systems of the body;
long-term health disorder – over 21 days.

Liability for causing moderate harm to health in an accident

There are three types of liability that arise in the event of personal injury in an accident:

civil liability

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about administrative liability when the accident caused damage to both cars and human health. Implies payment of a fine to the traffic police, as well as deprivation of a license, for example, deprivation of rights for fleeing the scene of an accident

Criminal liability arises if the accident caused serious harm to human health or death. Implies imprisonment.

Administrative responsibility

The average severity of injury to health in an accident entails civil or administrative liability, but if the accident ends in death, then criminal liability begins.

If we talk about administrative liability, then as a punishment the driver will be deprived of his driver's license, but for a period of no more than 24 months. In some cases, the court awards an administrative fine to the culprit of the accident. This happens when the victim has not suffered too much damage. If after an accident one of the victims died, then we will be talking about criminal liability.

When causing moderate harm to health, the basis for punishing the culprit of the accident is Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

As judicial practice shows, in most cases the perpetrators of road accidents, due to which the injured party received injuries of moderate severity, are punished:

a fine, its size ranges from 10 to 25 thousand rubles,
compensation for moral and property damage,
deprivation of rights for two years.

Determining the amount of damage to the victim

When determining damage to health, the monetary equivalent is used and contains the following components:

cost of inpatient or outpatient treatment;
cost of rehabilitation treatment;
the cost of a taxi when traveling to a medical facility;
the cost of medications used to treat the victim.

Compensation for damage of moderate severity

Responsibility for causing harm occurs only when the actions of the perpetrator of the accident can clearly trace the signs of an administrative offense or a crime that is criminally punishable. In both cases, the culprit of the accident is obliged to compensate for the damage caused.

Russian legislation clearly states that compensation for moral damage occurs regardless of the degree of guilt of the perpetrator of an accident, but is carried out only when actual damage has been caused to the victim’s health. The amount of compensation depends on the decision of the court, which will carefully study all the circumstances of the accident and interrogate witnesses, if any. The amount of compensation is also influenced by the degree of guilt of the driver who is found to be at fault for the accident. The court will analyze his actions, which caused the accident. The plaintiff can independently name the amount of compensation for moral damage to health, but this does not mean that the court will satisfy his demands. Having assessed all the circumstances, the degree of guilt and the severity of the damage caused, the court will determine the final amount of payments.

Arbitrage practice

The collection of compensation for damage to health of moderate severity during an accident is considered quite often in Russian courts. This can be partly due to the increase in the number of accidents on the roads. Most courts already have some form of policy for handling such cases. All citizens who were injured in an accident can file a claim for moral damages, provided that they were recognized as the injured party and no administrative measures were taken against them.

The plaintiff will be able to receive compensation for damage if he or his relatives were injured in an accident due to the fault of the second party. The receipt of compensation is not affected by which of the victims was driving. Everyone who was in the car will be able to count on payments for damage to health of moderate severity in an accident. The court will independently examine all the circumstances of the accident and only after that will make a decision, determining the amount of compensation for moral damage.

Causing harm to health in a road accident - types and determination of severity

Today, topics about road traffic accidents are very relevant, since car owners are increasingly getting into accidents, which is why they are more actively interested in what the consequences will be, what to do if harm is caused to health in an accident. If you find yourself in this situation, then this article will answer your questions.

How to determine the degree of harm

Depending on which side the impact came from (frontal, rear, side), various types of injuries in road accidents are classified. For example, if the impact is on the steering wheel or the back of the front seat or on elements of the vehicle body, the chest and internal organs will be injured.

Determining the severity of harm to health in an accident is the responsibility of a doctor - a forensic medical expert of a medical institution or an individual entrepreneur who has special knowledge and is licensed to carry out medical activities, including work on forensic medical examination. The Decree of the Government of the Russian Federation dated August 17, 2007 No. 522 approved the Rules for determining the severity of harm caused to human health; there are three types of them: severe, moderate and light. Let's talk about each separately.

Causing grievous bodily harm in an accident

Severe harm to health in a road accident is when, by its nature, it directly creates a threat to life, as well as harm to health, causing the development of a life-threatening condition.

Dangerous harm to health that poses a threat to life:

closed organ damage;

multiple, bilateral fractures;

damage to large blood vessels;

thermal/chemical/electrical burns 3-4 degrees, etc.

Dangerous harm to health that has caused a disorder in the vital functions of the human body, which cannot be compensated by the body on its own and usually ends in death:

coma 3-4 degrees;

heavy blood loss, etc.

Also, the following is equivalent to serious harm to health:

loss of vision, speech, hearing, organ;

permanent facial disfigurement, etc.

These are the criteria for determining serious harm to health in an accident, so be careful while driving, obey the speed limit and do not violate traffic rules. There are cases when children and even adults, trying to save time and cross the road in the wrong place, fall under the wheels of a car, thus exposing the driver, because the owner of the vehicle will have to answer for their mistake and for causing serious harm to health in an accident.

What is the penalty for causing grievous harm?

Punishment for an accident with serious bodily injury under Article 264 of the Criminal Code of the Russian Federation depends not only on the condition of the victim, but also on how the instigator of the accident behaved, mitigating and aggravating circumstances are taken into account. If a pregnant woman was injured, this circumstance will not play into the hands of the culprit, but if he provides various assistance to the victim for his speedy recovery, it will be a plus.

Today, in judicial practice, the article on causing grievous bodily harm in an accident distinguishes between violations of traffic rules:

Punishment for causing harm to health of moderate severity in an accident

The law is more loyal to this kind of damage and liability for average harm to health in an accident (as stated in paragraph 2 of the Note to Article 12.24 of the Code of Administrative Offenses) is determined by the percentage of the victim’s ability to work (from 10 to 30 inclusive) and the duration of the non-life-threatening disorder health (with moderate severity it is more than 21 days).

Punishment for an accident where there are victims with moderate injuries is established in accordance with paragraph 2 of Article 12.24 of the Code of Administrative Offenses. For an accident with such consequences, the culprit will face an administrative fine in the amount of 10,000 to 25,000 thousand rubles or deprivation of the right to drive vehicles for a period of 1.5 to 2 years.

The procedure for dealing with an accident with moderately serious victims includes the arrival of a traffic police inspector, who draws up a diagram of the accident, checks whether the driver is sober, draws up a certificate of damage to the vehicle, takes explanations from participants and witnesses of the accident, and draws up a protocol on the administrative offense.

How to get compensation for personal injury

The procedure for payment for damage to health of moderate severity in an accident depends on whether or not the culprit has a compulsory motor liability insurance policy. To receive compensation through an insurance company, you will have to go through the procedure of collecting a package of documents, which are specified in clause 3.10 of the Regulations on the rules of compulsory motor vehicle liability insurance for vehicle owners, then notify the insurers and submit claims for compensation for damage. In addition, it is possible to demand compensation for lost earnings, but for this, the package of documents will need to be supplemented with the documents specified in clause 4.1, clause 4.2 of the Regulations on the rules of compulsory motor liability insurance for vehicle owners. Also, treatment expenses are subject to reimbursement (clauses 4.6, 4.7, 4.7.1 - 4.7.6 of the Regulations on the rules of compulsory motor vehicle liability insurance for vehicle owners).

It is worth knowing that the insurance company reimburses no more than 160 thousand rubles under MTPL contracts concluded from 10/01/2014, and 500 thousand rubles under MTPL contracts concluded from 04/01/2015, therefore, if the amount of compensation is insufficient, the difference between the actual amount of damage and the amount of insurance payment will be reimbursed the person who caused the harm (Article 1072 of the Civil Code of the Russian Federation).

If for some reason the culprit does not have a compulsory motor liability insurance policy, then he independently compensates the damage to the victim in full (Clause 1 of Article 1064 of the Civil Code of the Russian Federation), but for this the latter will have to file a claim in court.

It also happens when the culprit of an accident is unknown (for example, he fled the scene of the accident and was subsequently not found). In this case, the damage is compensated by the Russian Union of Auto Insurers (RUA). To receive such payment, the victim must submit a statement and evidence of harm to health to the RSA.

Road accident with minor injuries

Liability for minor harm to health (as stated in paragraph 1 of the Note to Article 12.24 of the Code of Administrative Offenses) is determined by the percentage of the victim’s ability to work (less than 10) and the duration of the health disorder (for mild severity, up to 21 days inclusive).

It is important to know that injuries such as an abrasion, soft tissue bruise, bruise, or superficial wound are not regarded as injuries that cause harm to health.

Punishment for minor damage to health in an accident is established in accordance with paragraph 1 of Article 12.24 of the Code of Administrative Offences. For an accident with such consequences, the culprit will face an administrative fine in the amount of 2,500 to 5,000 rubles or deprivation of the right to drive vehicles for a period of 1 to 1.5 years

Just as with compensation for harm for moderate severity, the amount of compensation for causing minor harm to health in an accident is obtained after the procedural steps specified by law are observed: collection of documents, evidence of harm caused, presentation of claims to the insurance company of the perpetrator or if he does not have a policy OSAGO in court.

You can always avoid tedious and lengthy proceedings and conclude an agreement with the victims on compensation for harm, that is, resolve the issue peacefully. In this case, the parties decide on the amount of compensation and the timing of its payment. When the victim has received the money, he gives the culprit a receipt stating that the damage has been compensated in full and he has no claims against the driver.

Average severity of injury to health in an accident and moral damage

If people were injured in an accident, the nature of the damage and the degree of harm to health will be determined. This will affect the possible penalties for the culprit and the amount of compensation to the victims. Let's look at what consequences the average severity of injury to health in an accident entails, how material and moral damage to the victims will be compensated.

Types of punishments for moderate road accidents

The law contains three gradations of harm to health that can occur as a result of injuries from an accident - mild, moderate and severe harm. According to legal consequences, the death of the victim is equated to grave harm. Based on these consequences, possible liability measures for the culprit of the accident will occur in the following areas:

in the absence of harm to health, compensation for property damage occurs under compulsory motor liability insurance, or through the court at the expense of the culprit of the incident (if he does not have a valid policy or the insurance is not enough to pay all expenses);
if minor harm is established, the culprit is held accountable under Part 1 of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, and compensation for treatment costs is carried out from insurance payments or from the driver’s personal funds;
average harm to health will entail administrative sanctions under the second part of Article 12.24 of the Code of Administrative Offenses of the Russian Federation, and the victim will be able to receive compensation through insurance or directly from the culprit through the court;
the establishment of serious injuries or the death of the victim entails the most serious consequences - criminal liability under Article 264 of the Criminal Code of the Russian Federation with compensation for damage under the MTPL policy or through the court.

Thus, regardless of the extent and nature of the damage, the victim will be able to receive compensation for harm to health. These payments may include reimbursement of expenses for medical procedures, purchase of medications, and rehabilitation.

Causing moderate harm to health in a road accident consists of the following consequences - non-life-threatening long-term health disorder or significant permanent loss of ability to work . The amount of insurance compensation for the specified health consequences will not exceed 500 thousand rubles for each victim. If this amount is not enough to pay for treatment costs, then recovery can be carried out in court directly from the culprit.

The average degree of severity of harm to health in a road accident implies the infliction of mental and moral suffering on the victim, which can be expressed in pain symptoms, worries, stress, etc. Compensation for moral damage is a legal way to protect the interests of citizens, and the amount of it to the victim will have to be proven in court.

Moral damage for moderate injuries

The amount of moral damage in an accident of moderate severity can differ significantly, since it is associated with the personal characteristics of the body and psyche of a particular citizen. For this reason, compensation for moral damage is not covered by insurance compensation under compulsory motor liability insurance, and only the court has the right to assess the moral suffering suffered.

Moral damages in an accident of moderate severity will be compensated taking into account the following nuances:

recovery of moral damages occurs in court (magistrates' or district courts, depending on the amount of the claim);
when filing a claim, the victim or his representative must present to the court his version of calculating the amount of compensation and justify it with the evidence provided;
the calculation of the amount of moral damage does not depend on the amount of insurance compensation received by the victim (in each individual case, the court will assess the actual moral suffering suffered).

Evidence to substantiate the amount of moral damage in an accident of moderate severity may include materials from an insurance company’s inspection, a medical expert’s report on the nature of the damage, medical statements and certificates, doctors’ opinions on the moral state of the victim, and witness testimony. Since compensation occurs according to the general rules of civil proceedings, the victim or his representative will have to prove and justify the amount of the claims.

In each individual case, the amount of compensation may vary significantly. Therefore, you can only count on the maximum amount of recovery if accompanied by an experienced lawyer. In this case, even at the stage of paperwork in medical institutions, it is possible to provide for all the nuances of the upcoming trial.

The defendant in the case of compensation for moral damage will be the direct culprit of the accident, and the insurance company may be involved as a third party. The court decision, which will fix the amount of compensation, will be collected forcibly through the FSSP service.

If you need help in recovering material damage or moral damage after an accident, contact our lawyers. We will help you draw up documents correctly, prepare a legal basis for your claim, and act as your representative in court. You can get a preliminary consultation for free if you call the numbers listed on the website or indicate your question in the feedback form.