From a legal point of view, the concept of harm can be understood in its physical dimension or in a moral sense . Laws protect the physical integrity and property of people. However, there are intangible issues, of which honor, feelings and prestige are also important . In order for this intangible dimension to be legally protected, one speaks of moral damages.
Thus, in most legislations it is observed that the human condition must be supported by the law when there is something that violates the dignity of the person .
The consideration of moral damage depends on the assessment of the affected person
It should not be understood that an action causes moral damages. On the contrary, such consideration depends on the personal assessment of each one. Thus, an insult, an offense or a smear campaign does not necessarily imply moral damages, just as the affected individual can demonstrate that he has suffered harm for a certain action.
One of the technical problems associated with the situation of moral damages is the monetary quantification that needs to indemnify the affected person. It is difficult to establish an exact amount when it comes to a car crash, but if the fault is due to a mental problem, it becomes a complex issue from a legal point of view.
In general, moral damages happen when certain obligations are not fulfilled causing harm to another person. For example, if an engaged couple rents a salon for their wedding day and it is not adequately prepared, there is a breach of obligation and the couple can claim compensation for property damage and, at the same time, for moral damages.
In case of a traffic accident , the person responsible for the same can cause a problem to another person (for example, damaging the vehicle or causing injuries), but in some cases it can cause moral damage. For example, when a leg is amputated in an accident, this situation negatively affects the person, being able to claim for moral damages suffered.
In the legal field, there is a general principle: the duty not to harm the interests of others
If a person’s action or omission causes injury or harm to someone’s interest, it is necessary that the affected person be compensated. In this sense, bullying or moral harassment opposes the general idea of not harming the interests of others and, therefore, these behaviors can lead to a claim for moral damages.