Moral damage is a delicate and complex topic that is often accompanied by personal and emotional trauma. Estonian law allows for the possibility of claiming compensation for moral damage, but proving or disputing it can be a challenging process. In this article, we explain how to prove or dispute moral damage within the framework of Estonian law and what is important to know if you want to file a claim for damages or defend yourself against such a claim.
What is Moral Damage?
Moral damage refers to harm resulting from the violation of a person’s non-material rights, such as honor, dignity, privacy, or health. Unlike material damage, moral damage cannot be measured in monetary value. Such harm often includes emotional and psychological suffering, stress, anxiety, or other negative effects arising from injustice or unlawful actions.
According to Section 134 of the Estonian Law of Obligations Act, compensation for moral damage can be claimed if the actions of the person who caused the harm are unlawful and have caused the victim to suffer pain or discomfort.
How to Prove Moral Damage?
Proving moral damage in court can be difficult since it involves non-material harm, which is hard to quantify and assess. However, there are several steps you can take to prove moral damage:
1. Documented Evidence of Suffering
Although moral damage is subjective, it is important for the victim to provide evidence that supports their claims. This could include:
- Medical evidence of psychological or physical suffering, such as evaluations from a psychiatrist or psychologist.
- Sick leave certificates indicating stress or other health issues.
- Personal diary entries or emails reflecting the emotional or psychological state after the harm occurred.
2. Witness Testimonies
Testimonies from witnesses, such as family members, friends, or colleagues, can help the court understand how the harm affected the victim’s daily life and emotional state. Their testimonies can be important evidence supporting the claim.
3. Link Between Unlawful Action and Harm
To claim moral damage, there must be proof of a causal link between the unlawful actions and the suffering. For example, if the harm was caused by a violation of privacy, it must be shown that this action specifically led to stress or mental harm.
4. Analysis of Estonian Court Practice
Case law is an important tool, as it shows how similar cases have been handled in the past. In moral damage claims, it can be helpful to refer to previous court decisions where similar circumstances resulted in compensation for moral damage.
How to Dispute Moral Damage?
If you are accused of causing moral damage and want to dispute this in court, you will need to present evidence that challenges the plaintiff’s claims. Here are some strategies you can use:
1. Challenging the Evidence
The first step in disputing moral damage is to question the validity and relevance of the evidence presented by the plaintiff. For example:
- Question the medical documents or psychological assessments provided by the plaintiff.
- Challenge the credibility of witnesses or their ability to objectively assess the plaintiff’s emotional state.
2. Lack of Causal Connection
Another strategy is to argue that the plaintiff’s claimed suffering is not directly related to your actions. You may need to provide evidence showing that the plaintiff’s suffering resulted from other factors, such as personal problems or a pre-existing mental health condition, rather than your actions.
3. Reducing the Extent of Moral Damage
If it is not possible to fully dispute the occurrence of moral damage, it may be possible to challenge its extent. You can present evidence showing that the plaintiff’s claims about moral damage are exaggerated or overstated.
4. Proving the Lawfulness of Your Actions
You may present evidence showing that your actions were lawful and that you took all necessary precautions to avoid causing harm. If you can prove that your behavior complied with the law, this can strengthen your defense.
Amount of Compensation for Moral Damage
If the court is provided with sufficient evidence that moral damage has been caused, it may award compensation, but this is not based on a fixed monetary amount, as moral damage is difficult to quantify in financial terms. The court considers the circumstances of the case, including the severity, duration, and extent of the damage. The court may also take into account the deterioration in the victim’s quality of life and other factors that have affected their daily life.
Conclusion
Proving or disputing moral damage in court is a complex process that requires thorough preparation and legal advice. If you want to file a claim for moral damage or defend yourself against such a claim, it is recommended to engage an experienced lawyer who can help you present or challenge evidence and ensure that your rights are protected.
Estonian law provides for the possibility of claiming compensation for moral damage, but clear evidence is required to show that the damage was actually caused and resulted from unlawful actions. Both parties — the plaintiff and the defendant — should prepare their cases thoroughly, using appropriate evidence and strategies.
