Publication date: 09.04.2025
My name is Rozhniv Yaroslav Yaroslavovych, I am a lawyer from Poltava. The key areas of law in which I provide assistance are civil, administrative, military law. Thanks to my experience, knowledge and individual approach, I will provide professional support at every stage.
Case Description:The victim contacted a lawyer regarding the protection of her rights after a tragedy caused by a car accident, in which her husband died. The victim demanded compensation for moral harm in the amount of 3,000,000 UAH. According to the victim, the amount of moral harm determined by the first-instance court was too low and did not correspond to the scale of her emotional suffering and grief.
The defendant's lawyer requested to reduce the compensation, claiming that the victim had not proven the depth of her emotional suffering and had not justified the amount of harm. The representative of the insurance company attempted to appeal the decision, arguing that part of the harm had already been compensated through the insurance payment made to the victim.
Case Circumstances:
- The victim filed a civil lawsuit for compensation of moral harm in the amount of 3,000,000 UAH, justifying her claims by the emotional suffering after the death of her husband due to the car accident.
- The first court determined the compensation amount, but the victim considered it unjust and too low to cover the harm.
- The insurance company had already paid part of the compensation in the amount of 117,200 UAH, which was recorded in an agreement and acts, but the victim found this insufficient.
- The defendant's lawyer appealed the court decision, seeking to reduce the compensation amount.
Task:
- Appeal the first-instance court's decision regarding the amount of compensation for moral harm.
- Prove the justification of the claim for compensation.
- Challenge the attempts to reduce the compensation by the defendant's lawyer.
Execution Steps:
Case Circumstance Analysis:
The lawyer carefully reviewed the circumstances of the case, the documents, and the evidence provided by both parties. It was found that the insurance company had already compensated part of the harm, but this was not sufficient for full compensation.
Preparation of the Appeal:
The lawyer prepared an appeal, explaining in detail why the compensation amount should not be less than the amount demanded by the victim. He pointed out the underestimation of the extent of the victim's suffering and emotional consequences.
Conclusion on the Fairness of the Claim:
The lawyer proved that the compensation for moral harm should be proportional to the severity of the loss and suffering experienced. Both emotional and physical impacts on the victim were taken into account.
Decision and Results:
- The appellate court accepted the victim's appeal overturned part of the first-instance court's decision concerning the determination of compensation.
- The court decided to award compensation for moral harm in the amount of 800,000 UAH, which was deemed justified and fair considering all circumstances.
- The lawyer achieved full compensation of the harm for the victim, ensuring a fair decision regarding compensation, considering the complexity of the situation and the significance of the experienced losses.
This case demonstrates how professional legal assistance helped win the case and achieve a fair decision on compensation for moral harm. The case concluded with the compensation of 800,000 UAH, which was the result of the lawyer's diligent work in the legal process, as well as well-formed claims and evidence confirming the severity of the victim's losses.
