Moral damages and what they mean is a controversial topic for legal representations and lawyers. According to the main norms of ethics, it is forbidden to grant material damages for moral damages because psychological suffering cannot be equated with anything material.
However, there are situations where granting compensation is justified. We are talking here about people whose family and social life has been alternated as a result of a dishonest fact committed by another person or group of people. Material compensation is intended to improve the lives of victims and alleviate the pain and trauma caused by certain events or incidents.
In the doctrine of the moral law, moral damage was formulated as a fact done out of personal interests that produced the moral or physical suffering of another person. Moral damage results, in fact, from harming a non-patrimonial personal interest. Read here.
The consequences of these facts cannot be measured in money. Thus, we know the following non-patrimonial prejudices: psychic and physical pain, death, touches to the honor, prestige, honor, reputation or dignity of a person, namely the restriction of the possibilities of a person to enjoy the satisfaction of life.
If the rogue act has occurred outside of a contractual context, reparation of the damage to interest or non-patrimonial right is done in breach of the rules of tort law.
Thus, we know the following about moral damages:
- moral damages consisting of the production of psychological or physical pain, the compensation due for the repair of these damages are also known as ‘pretium doloris’;
- the production of psychological suffering caused by the death of a relative or an appropriate person, in the event of mutilation, injury, disfigurement or serious illness, the compensation due for the repair of such damages are also known as ‘pretium affectionis’;
- injuries that cause undesirable changes in the appearance of the person, the indemnity due to repair such damage is also called “pretium pulchritudinis”;
- Hedonistic injury: limiting the possibilities of a person to enjoy the pleasures of life and spiritual or material satisfaction.
- Damages that cause damage to the prestige, honor and dignity of a person are known as defamation. We encounter such situations in the media. Victims of these moral damages may seek redress both if the damage has been produced in a lively and in a written form.
Claiming damages requires advanced legal knowledge. Thus, people wishing to benefit from material compensation can seek the assistance of personal injury lawyers in Dublin.
Lawyers specializing in obtaining moral damages as a result of personal injuries can help you by providing you with a free consultation to fully harness your rights. Your suffering and the terrifying consequences of what alters your existence is a priority in identifying just and adequate solutions.
The compensation offer will always be inferior to the one they can claim if it is not negotiated amicably by a personal injury solicitor. Appropriate legal advice, provided at a timely basis, may provide for substantial compensation for the injuries suffered.
We know that you can not adapt to the state of injustice and undesirable consequences of the suffered acid, we understand your desperation, and we know all your problems.
For a lawyer, moral damage is a syntagm with a meaning that is profoundly different from the meaning given in this case to persons injured by the accident or their heirs in the event of a victim’s death.
Although you have become a victim without your will, it is important to know that besides the right to recover the money, you have the right to obtain a moral repair of your suffering.
We consider that in terms of compensation for the injuries suffered, moral damages are justified, although no amount of money can ever cover the suffering caused by accident.
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Often, from the evidence administered by a lawyer specialized in obtaining moral damages, the following are observed. Apart from the patrimonial damage suffered by the victim of an accident, there were also moral damages resulting from hospital admission, physical and psychological trauma suffered, a posttraumatic sequel which seriously negatively affect the participation in social, professional and family life. This is why it is important to have a good solicitor.