Attorney's Fees in Nursing Care Claims in Ramat Gan

What is Attorney's Fees in a Nursing Care Claim and Why It Matters to the Injured Party

A nursing care claim is a legal action filed by a victim of a traffic accident, workplace accident, or any other personal injury, claiming damages for future nursing care needs. Nursing care is a therapeutic service and assistance with daily activities required by an injured party as a result of the injury. In such claims, the attorney's fees represent one of the significant cost components that the injured party must understand thoroughly.

Attorney's fees are not a fixed amount—they are typically calculated as a percentage of the compensation the injured party receives upon conclusion of the claim. This means the cost varies based on the scope of damages, the degree of settlement between the parties, and the complexity of the legal proceedings. In nursing care claims in particular, where damages can be substantial, it is important to be aware of how attorney's fees are calculated and what this means for the injured party's recovery.

How Attorney's Fees Are Calculated in Nursing Care Claims

Generally, an attorney's fees in a nursing care claim are calculated as a percentage of the amount the injured party receives from the claim. The percentage varies depending on the stage of proceedings and the agreement between the parties. When a settlement through mediation or agreement with the other party (typically the insurance company) is reached, attorney's fees are lower than in the case of a full trial. This is because legal work in mediation is shorter and involves fewer complex legal steps.

In specific nursing care claims, attorney's fees can range from 20–30% of the compensation in a mediated settlement, and up to 30–40% or more in cases of full trial. It is important to emphasize that these are not fixed figures—each case is examined individually based on complexity, duration of proceedings, amount of evidence required, and medical expert opinions that need to be obtained. Mendelboim, Gur, Witsman-Gur and Co., with over 18 years of experience representing tort victims, and dedicated to full financial transparency with the client from the outset of representation.

Distinguishing Between Types of Proceedings and Their Impact on Representation Costs

One of the most influential factors on attorney's fees is the type of legal proceedings. A nursing care claim can conclude in three main ways: mediation and financial obligation, settlement through mediation, or full trial. Each of these paths involves a different scope of work, ranging from the number of client meetings and document preservation to preparation of legal briefs, obtaining medical expert opinions, representation at court proceedings, and more.

• Mediation and Obligation: When a settlement is reached through mediation (typically through mediation conducted by a legal expert or insurance company mediation), the legal work is shorter. Attorney's fees in this scenario are lower, but the injured party receives compensation much more quickly.
• Settlement by Agreement: When both parties agree on the compensation amount without the need for a full trial, attorney's fees are also lower than in the case of trial. This reflects the reduction in legal work required.
• Full Trial: If the claim reaches a court hearing, attorney's fees are higher. This reflects the significantly greater investment in case preparation, presenting evidence, representation at hearings, and additional legal proceedings.

Mendelboim, Gur, Witsman-Gur and Co. is focused on representing claimants exclusively, which means the firm represents only the accident victim and not the insurance company. This creates deep trust relationships with the client and ensures that the primary objective is the highest possible compensation for the injured party, not the reduction of legal costs.

Factors Affecting Attorney's Fees in Nursing Care Claims

An attorney's fees in a nursing care claim are not fixed – they vary according to a series of factors reflecting the complexity of the case and the legal work required.

1. Degree of Disability and Victim's Damage

When dealing with nursing care damages, the extent of the damage is directly linked to the level of the victim's disability. A victim with high-level disability (such as complete paralysis, blindness, or significant partial paralysis) requires daily nursing care. Compensation for nursing care damages in such claims may be substantially higher, and consequently attorney's fees will also be higher. This is because the legal work in proving the damage and calculating future nursing care needs requires considerable expertise.

2. Duration of Legal Proceedings

Nursing care claims that extend over years, with multiple hearings, appeals, or medical committees, require greater legal investment. An attorney must monitor the case, update documents, participate in repeated hearings, and navigate complex legal processes. All of this affects attorney's fees – longer cases justify a higher percentage.

3. Medical Opinions and Expert Evidence

In nursing care claims, expert medical opinions (from geriatricians, neurologists, physiotherapists) are critical. Obtaining these opinions, commenting on the opposing party's expert opinions, and preparing legal responses to such opinions – all of this requires additional legal work. Mendelboum, Gor, and Witzman-Gor Law Office has established connections with medical experts, which enables the acquisition of quality expert opinions in a timely manner.

4. Negotiation and Mediation

When an attorney invests considerable time in negotiation processes with the insurance company or opposing party, this affects the total cost. Successful negotiation can result in a better settlement for the victim in a shorter timeframe, but it still requires legal expertise and time.

Typical Attorney's Fees in Nursing Care Claims

To provide the injured party with a general understanding of costs, it is important to present typical ranges. Remember that these are not precise figures – each case is examined individually according to its unique circumstances.

This table reflects general ranges only. In nursing care claims in particular, where damages may be substantially high (compensation of hundreds of thousands of shekels or more), accurate calculation of attorney's fees is very important. Mendelboim, Gur, Witzman-Gur & Co. has deep experience in calculating fair and acceptable attorney's fees in the eyes of the courts.

Injured Party Rights Regarding Attorney's Fees – What You Need to Know

An injured party in a nursing care claim must know that they have clear legal rights when it comes to attorney's fees.

The Right to Full Financial Transparency

An attorney must explain to the injured party, already at the initial consultation stage, how attorney's fees are calculated, what they are expected to be in various scenarios, and which factors may affect the amount. The firm owner or designated attorney should not leave the injured party in the dark regarding costs. Mandelboim, Gur, Witsman-Gur & Co. does this as standard practice – every client receives detailed explanations of anticipated costs.

The Right to Discuss Attorney's Fees Before Signing an Agreement

Before the injured party signs a settlement agreement or agrees to any compensation, they have the full right to an explicit discussion with the attorney regarding attorney's fees. They are not obligated to accept the first amount offered – they can ask questions, demand explanations, and even seek a second opinion on the reasonableness of the attorney's fees.

The Right to Legal Protection Regarding Attorney's Fees

In some cases, when attorney's fees appear unusual or unreasonable, Israeli courts may intervene. Courts have previously reviewed attorney's fees that appeared too high in relation to the actual legal work performed. This means the injured party is not required to agree to attorney's fees that seem unfair to them.

Attorney's Fees in Nursing Care Claims in Ramat Gan – What Mandelboim Offers

Mandelboim, Gor, Witzman-Gor & Co., located in Ramat Gan, serves residents of Ramat Gan, Petach Tikva, and the Center in nursing care claims and all types of personal injury claims. The firm's experience began in 2008, when attorney Karen Mandelboim established the office with a clear position: representation of plaintiffs only, with no representation of insurance companies or insurers.

The meaning of representing plaintiffs only is that the firm is obligated solely to the injured party – it does not need to balance conflicting interests. This means every decision, every negotiation, and every discussion about attorney's fees – everything is focused on the benefit of the injured party.

In nursing care claims especially, Mandelboim, Gor, Witzman-Gor & Co. performs the following actions:

• Initial consultation at no cost, in which all aspects of the claim are explained to the injured party, including attorney's fees.
• In-depth case preparation, including collection of expert medical opinions, review of national insurance records, and review of additional nursing care entitlements.
• Active negotiation with insurance companies, while maintaining a strong and clear position – the injured party deserves full compensation for their damages.
• Transparent explanations to the injured party at every stage, including precise calculation of attorney's fees in accordance with the outcome.

Mandelboim, Gor, Witzman-Gor & Co. believes that an accident victim requires an attorney who understands the medical, legal, and financial issues of a nursing care claim, and who can clearly explain all aspects, including costs.

Questions to Ask Your Attorney About Attorney's Fees

When an injured party contacts an attorney regarding a nursing care claim, it is advisable to have a list of important questions to ask in order to clearly understand representation costs.

• "How much will your attorney's fees be in different scenarios – in mediation, in settlement by agreement, or in full trial?" The answer will help the injured party understand the range of expected costs.
• "Are there additional expenses beyond attorney's fees that I should be aware of?" Sometimes there are court costs, medical committee fees, or other expenses that are important to know about in advance.
• "How will you calculate the attorney's fees in practice? Is there a written agreement I can review?" This is an important transparency check – the injured party should be able to see in writing how the attorney's fees are calculated.
• "Are there cases in which your attorney's fees will be higher or lower than the range you mentioned?" This helps understand the flexibility of the calculation according to the unique circumstances of the case.
• "What compensation do you expect the claim to yield, in general terms?" This helps the injured party understand the expected size of the compensation, and consequently the size of the attorney's fees.