Compensation for non-pecuniary and pecuniary damage

The main reason why people are awarded 5,000 UAH in court instead of the 500,000 they claimed is that non-pecuniary damage must be proven, not merely claimed. The court does not pluck a figure out of thin air or ‘assess suffering’ — it assesses the evidence.

Compensation for non-pecuniary damage (Articles 23 and 1167 of the Civil Code) is possible if you can prove three things: the damage exists, it was caused by the defendant’s actions, and there is a causal link between them. The words ‘I was very distressed’ are not convincing to the court without documentary evidence.

A second common mistake is to claim a fantastical sum. This does not improve your chances; rather, it undermines the court’s confidence in your entire case and incurs court fees, which are non-refundable if your claim is dismissed.

+38 095 554-54-24 — legal advice

When can you claim compensation

• Road traffic accidents — injuries, death of a loved one;
• disability or damage to health — including as a result of inadequate medical care;
• unlawful actions by law enforcement agencies — unlawful detention, search, prosecution;
• breaches of employment rights — unlawful dismissal, non-payment of wages, discrimination;
• breaches of consumer rights — substandard goods, failure to provide a service;
• dissemination of false information — protection of honour, dignity and business reputation;
• breach of contract, where this is expressly provided for in the contract or by law;
• actions of utility services and housing and communal services organisations — flooding, accidents, inaction.

Factors affecting the amount

The court takes into account (Article 23 of the Civil Code):

• the nature and severity of suffering — physical and mental;
• the duration — a one-off stress or a long-term distress;
• the consequences for life — loss of earning capacity, family breakdown, change in lifestyle;
• the degree of fault on the part of the defendant — intent or negligence;
• other circumstances, in particular the defendant’s behaviour following the incident (whether they apologised and provided compensation, or ignored the matter).

Key rule: the amount must be reasonable and justified. Claiming a million without explaining where the figure came from is a sure-fire way to end up with a token sum.

What proves non-pecuniary damage

This is the crux of the matter, and it is here that cases are won or lost:

• medical records — doctor’s appointments, diagnosis, treatment, prescribed medication. Insomnia, hypertensive crisis, exacerbation of a chronic illness following the incident — all of this is documented;
• a psychologist’s or psychiatrist’s report — regarding the presence of a stress-related disorder, depression or PTSD;
• sick notes, certificates of incapacity for work;
• statements from relatives, colleagues and friends — regarding changes in behaviour, condition or lifestyle;
• documents regarding the consequences — a certificate of disability, change of employment, and costs of treatment and rehabilitation;
• evidence of public dissemination — if the case involves the spread of false information.

The most common mistake made by victims: failing to see a doctor. A year later, there will be no way to prove the stress in court.

Pecuniary damage is a separate matter

It is often confused with non-pecuniary damage, but is calculated quite differently.

Material damage refers to actual losses: the cost of car repairs, medical treatment, loss of earnings, damaged property, and funeral expenses. It is substantiated by receipts, contracts, valuers’ reports and proof of income.

Both claims are made in a single action, but are substantiated differently: material damages — with figures; non-material damages — with the consequences.

Time limits and court fees

The limitation period is 3 years (Article 257 of the Civil Code). Exception: the limitation period does not apply to claims for compensation for damage caused by disability or death — but compensation is awarded for no more than three years prior to the filing of the claim.

Court fees. A claim for compensation for damage is a property claim: the fee is 1 per cent of the value of the claim (from 1,331.20 to 16,640 UAH for individuals in 2026). Therefore, an inflated claim amount also represents real money wasted.

In particular, claimants in cases seeking compensation for harm caused by injury or death are exempt from paying court fees.

When a solicitor is not needed

If the amount is small, the defendant is willing to compensate voluntarily, and there are sufficient documents — settle the matter without a solicitor. That is our advice.

You need a solicitor when:

• the defendant is an insurance company, a hospital, a government body or a large business;
• the case involves serious consequences — disability, the death of a loved one;
• you need to properly justify the amount, rather than just pluck it out of thin air;
• there is no evidence, and you need to work out what else can be gathered;
• you have already been refused or awarded a token sum, and an appeal is required;
• the defendant is transferring assets — in which case, a security application is filed alongside the claim.

How we work

1. We assess the prospects — what evidence is available, and what amount is realistically likely to be awarded. To be honest: if there is no evidence, we’ll tell you.
2. We build a case file — medical records, expert reports, witnesses, solicitors’ enquiries.
3. We justify the claim amount — based on calculations, not ‘plucked out of thin air’. This is the key factor influencing the outcome.
4. We prepare the claim — distinguishing between pecuniary and non-pecuniary damage.
5. We handle the case in court, with expert evidence where necessary.
6. We oversee the enforcement of the judgement — until the funds are actually received.

Cost of services

The following are charged separately: court fees (1% of the claim value), expert reports, specialist opinions, property valuation.

Full price list · Compensation for damages in road traffic accidents

Questions and answers (Compensation for non-pecuniary damage)

How much can I claim for non-pecuniary damage?

There is no standard amount — the court determines it based on the nature and duration of the suffering, the consequences and the degree of the defendant’s fault. However, the amount claimed must be reasonable: unrealistic figures undermine the court’s confidence in the entire case.

Do I need evidence if I was simply very distressed?

Yes. Without medical records, a psychologist’s report or witness statements, the court has nothing to base its decision on. ‘I was distressed’ is not evidence.

Can I claim compensation for non-pecuniary damage due to a defective product?

Yes, consumer protection legislation provides for this. However, the amounts awarded in such cases are usually small, and you need to consider whether they will cover the legal costs.

How much does it cost to file a claim?

The court fee is 1 per cent of the claim value (ranging from 1,331.20 to 16,640 UAH in 2026). Therefore, an inflated claim amount also means unnecessary expenses, which are non-refundable if the claim is dismissed.

Is there a time limit for bringing a claim?

The general limitation period is three years. The limitation period does not apply to claims for compensation for harm caused by injury or death, but compensation can only be claimed for events occurring no more than three years prior to the filing of the claim.

How does non-pecuniary damage differ from pecuniary damage?

Pecuniary damage refers to actual losses (repairs, medical treatment, loss of earnings); it is substantiated by receipts and invoices. Non-pecuniary damage refers to suffering and its consequences; it is substantiated by medical records and witness statements.

The court has awarded a paltry sum. What should I do?

Lodge an appeal within 30 days. However, your chances depend on the evidence presented at first instance: the court will not accept new evidence on appeal without good cause.

What should you do immediately after the incident?

See a doctor and have your condition documented. This is the most important step: in a year’s time, there will be no way to prove the stress you’ve suffered.

What documents should you bring to the consultation?

Everything relating to the incident (road traffic accident documents, notice of dismissal, medical reports), medical documents regarding your condition following the incident, receipts for treatment, proof of income, and any correspondence with the defendant.

Consulting a solicitor at ‘Svarog’ regarding compensation for non-pecuniary damage

Tell us what happened and show us the documents you have — we’ll give you an honest assessment of the amount the court is likely to award, and what else you need to gather. A properly substantiated claim for 100,000 UAH is more likely to succeed in court than an unsubstantiated claim for a million.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00