Proving Human Suffering in Compensation for Moral Damage

The article analyzes the circumstances subject to proof when considering civil cases on claims for compensation for moral damage. Despite the clarifications given by the Plenum of the Supreme Court of the Russian Federation, questions arise in judicial practice about the procedure for proving such circumstances as illness, physical pain, limited mobility, adverse sensations, painful symptoms, and moral suffering. Thus, in cases where harm has resulted in the occurrence of a disease, it is proposed to proceed from the presumption of the presence of negative consequences for the victim, which, nevertheless, can be refuted by the defendant. In particular, with objectively confirmed damage to the body, including as a result of the impact of the perpetrator of the harm, pain and negative consequences associated with the disease do not require additional proof. However, in the case of unverifiable pain or unverifiable suffering, which are primarily psychological in nature, it is proposed to proceed from the need for additional, in addition to the plaintiff’s explanation, proof of the grounds for their occurrence and the severity of the consequences. In this case, it is advisable to use the «balance of probabilities» standard of proof and pay attention to specific negative consequences. In cases where the victim presents medical documents to the court based only on his own explanations, such documents cannot transform the plaintiff ›s explanations into the category of written evidence. In turn, to establish the psychological consequences of the harm caused, it is necessary to use persons with special knowledge in psychology. The plaintiff should present the court with the expert’s opinion, and the court should consider the possibility of appointing an expert in such cases.