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Monday, 06 June 2016 11:57

Compensation for moral damage

 Sometimes when generating a compensation for moral damages that a person has suffered a great challenge to the judge in the case, when a good or service has gone faulty and an injury has occurred.

  • How much would have to spend extra days of vacation that your flight is delayed?
  • How much does the psychic damage caused by the death of a family for failing Airbag mechanism?
  • How much is the trauma of opening a food in a food package and find an insect inside?

When judges face charges and severance affecting the physical aspects of a person, there are some tables in the Official Gazette, which make clear the equivalences in prices of these damages, broken in a car accident, leg will be worth the same for two young people who have suffered a car accident, for example. There are nuances differentiated by age and gender, but except those criteria is much easier to calculate.

But when it comes to pricing the feelings of a person, for any case above, it is what every judge has to face to prepare compensation for moral damages that person.

A person with a phobia of insects, not react in the same way as an entomologist, seeing a cockroach in a hamburger, for example. You probably will not like and react with shock and possibly some rejection, but instead you have a phobia, it will be in his lesser extent trauma for the rest of his life when unpacking a hamburger.

For judges, the verb describing the affected person, helps quantify the moral damage. It is not the same as saying I was scared when he saw an ant on the packaging of food, which took 3 months not consolidated sleep thinking that the next time you eat at a fast food restaurant and order a hamburger I find again a cockroach.

  • How experts estimate the damage caused by hurting someone's feelings? How much are these moral damage?

The main problem is that any compensation moral damage is circumstantial, because each and every person is different, as we discussed earlier. Being an open concept, experts in this field indicate that in the best case, even often make rough quantifications of the damage caused by these cases. The company is also related to the damage caused. Imagine the case of deceased family by locking airbag safety system. The impotence of those who see the accident, and who thinks that the safety systems of a car are to save lives in case of accident, not work, and that because of a manufacturer of these systems, which has not placed correctly and that there is no 100% reliability they have resulted in the loss of a family member. As this person may live the rest of his life knowing that he and his family could have come out alive from that event and no one can bring back to life this person.

According civil lawyers, starting criteria when assessing damage and calculating compensation based on economic quantification methods for moral damage which can be synthesized into three: the application of the scale of traffic accidents; the overall compensation of all damages, including moral damage; and determination separated and quantified for each of the items of damage.

Experts agree the difficulty of calculating all elements affecting the moral compensation in such cases, but the Supreme Court on the other hand, indicates that this difficulty is no excuse to deny this assessment of moral damage.

Source: Digital Newspaper