Road Accident with Children – Protection of Minors' Rights

Road Accident with Children – Comprehensive Legal Guide

A road accident in which a minor is injured is a crisis in every sense – emotional, medical, and legal. When your child is injured in an accident, it is important to understand not only the medical aspects but also their legal rights, the mechanisms of compensation and national insurance, and the steps you must take to protect the minor's interests. This guide aims to provide a complete picture of the legal process in road accidents involving children, from the moment of the accident until the settlement of the claim.

In Israel, a minor injured in a road accident is entitled to compensation on a statutory basis – either through a civil claim against the responsible party or through national insurance. Each of these mechanisms operates according to its own logic, with unique laws and rights. Understanding the differences between the claims and choosing the right path can significantly affect the amount the minor will receive and the speed of the process.

Our firm, Mandelboim, Gor, Witzman-Gor and Co., Attorneys at Law, has specialized in representing plaintiffs in tort claims since 2008. We possess deep expertise in road accident claims involving injured children and in applying all legal tools to ensure the minor receives their full rights. On this page, we will review the most important points in this process.

What is Compensation for a Road Accident Involving a Minor?

Compensation in a road accident is a monetary sum to which the minor's family is entitled as a result of the damage caused to them in the accident. The damage can be physical (injury to the body), emotional (trauma, fear, stress), or financial (medical expenses, future loss of income).

In a road accident involving children, compensation is calculated on the basis of several factors:

• Degree of Physical Injury: Did the child suffer minor or serious injuries? Is there permanent disability? This examination is often conducted by a medical committee that evaluates the minor's medical condition.
• Type of Damage: Financial damage (medical expenses, treatments, surgeries) and non-financial damage (pain, suffering, loss of normal life, damage to future prospects).
• Age of the Minor: Younger minors may be entitled to higher compensation due to their longer life ahead and the long-term impact of the disability on their lives.
• Impact on the Future: If the injury affects the minor's ability to study, work, or live independently in the future, this impacts the level of compensation.

It is important to emphasize: compensation is not a means of repairing the damage or restoring things to their previous state. Compensation is legal recognition of the damage caused and an attempt to contribute to the costs of treatment and the consequences of the injury.

Two Paths to Compensation: Civil Claim and National Insurance

When a minor is injured in a traffic accident, the family has two main avenues to obtain compensation:

Civil Claim Against the Responsible Party

This is a claim filed in court against the driver or vehicle owner responsible for the accident. In this claim, the plaintiff (the minor's family or the minor themselves through their representative) must prove that the defendant is liable for the accident and the resulting damages. If the claim is accepted, the defendant (or their insurance company) must pay compensation as determined by the court's discretion.

Advantages of a civil claim:

• The compensation amount may be significantly higher than national insurance, as it reflects all damages incurred, including non-pecuniary damages.
• If the defendant acted with gross negligence or intent, an additional punitive award may be issued.
• The claim can include damages that national insurance cannot cover.

Disadvantages of a civil claim:

• The process is longer – it may take years before a final judgment is reached.
• It is necessary to prove liability, which can be complicated in certain cases.
• If the defendant is uninsured or lacks assets, you may be unable to collect the compensation even if you win the claim.

National Insurance Claim

National Insurance is a state system that provides benefits to individuals injured in work-related or traffic accidents. If a minor is injured in a traffic accident, they may be entitled to national insurance benefits, such as a monthly pension, medical expenses coverage, rehabilitation assistance, and more.

Advantages of a national insurance claim:

• The process is faster – benefits can typically be obtained within a few months.
• There is no need to prove liability – national insurance pays based on the degree of the minor's disability, regardless of who was responsible for the accident.
• National insurance benefits are more secure – they are guaranteed by the state.

Disadvantages of a national insurance claim:

• The amount of benefits is usually lower than a successful civil claim.
• National insurance does not cover all types of damages – for example, non-pecuniary damages such as pain and suffering may only be partially covered.
• Certain benefits are limited in time or amount.

How is Compensation Calculated in a Traffic Accident Involving a Minor?

Calculating compensation in a traffic accident involving a minor is not a simple calculation. Generally, the court or insurance company will examine several factors:

Economic Damages

These are expenses with clear monetary value:

• Medical Expenses: Treatments, medications, surgeries, medical examinations, rehabilitation, physiotherapy treatment, and any medical expense related to the injury.
• Other Expenses: Transportation for treatments, attorney fees, expert medical fees, etc.
• Future Loss of Income: If the minor may be unable to work in the future due to disability, compensation can be claimed for anticipated income loss. This calculation is based on estimates of the minor's future earning potential.

Non-Economic Damages

These are damages that do not have direct monetary value but affect quality of life:

• Pain and Suffering: Physical pain experienced by the minor as a result of the injury.
• Loss of Normal Life: Inability to participate in childhood activities, sports, games, etc.
• Psychological Injury: Fear, anxiety, trauma, and depression caused by the accident.
• Impact on Future: Effect on education choices, career, or personal life in the future.

Generally, the court uses established tables (such as the Supreme Court Damages Table) to assess non-economic damages, but in each case there is considerable judicial discretion.

Typical Compensation Ranges

Compensation ranges in traffic accidents involving children vary greatly depending on the severity of the injury. Generally:

• Minor Injuries (light injuries, presumably without permanent disability): Compensation in the range of tens of thousands of shekels.
• Moderate Injuries (fractures, mild to moderate disability): Compensation in the range of hundreds of thousands of shekels.
• Severe Injuries (significant disability, loss of normal life, impact on future): Compensation that may reach millions.

It is important to emphasize: these are general ranges only. Each case is examined individually, and the actual compensation depends on the specific circumstances of the accident, the evidence collected, and the court's discretion.

Special Rights of a Minor in a Traffic Accident

In fact, minors enjoy special legal protections in personal injury claims:

Legal Representation Through a Guardian

A minor cannot file a claim independently. Instead, their parents or legal guardian represent them in the claim. The attorney handling the claim must ensure that the representative acts in the minor's best interest.

Protection Against Problematic Agreements

Generally, a settlement agreement in a minor's claim must receive court approval. This ensures that the settlement agreement is fair and in the minor's best interest, and is not a result of pressure or mistake.

Extended Legal Time Period

In some cases, the filing period for a minor's claim can be extended after they reach age 18. This allows the minor (now an adult) to file a claim independently if their parents did not do so.

Protection Against Waiver Agreements

A minor cannot waive their claim rights without court approval. This ensures that the minor is not harmed by an agreement signed by their parents by mistake or under pressure.

National Insurance and Traffic Accidents – What You Need to Know

National Insurance provides benefits to minors injured in traffic accidents. These benefits include:

Monthly Stipend

If the minor suffers from permanent disability, National Insurance may pay a monthly stipend according to the percentage of disability. This stipend is dedicated to the costs of their care and support.

Medical Benefits

National Insurance covers part of the medical expenses related to the injury, including treatments, medications, and rehabilitation support.

Rehabilitation Assistance

Generally, National Insurance assists in supporting the minor's rehabilitation, including physiotherapy, occupational therapy, etc.

Benefits After Age 18

If the minor suffers from permanent disability, they may continue to receive benefits from National Insurance even after reaching age 18, depending on their level of disability.

It is important to note: National Insurance benefits do not replace a civil claim. It is possible to receive National Insurance benefits and also file a civil claim against the party responsible for the accident. However, there are "double recovery" rules that limit the total compensation that can be obtained from both methods combined.

Important Evidence in Motor Vehicle Accident Claims Involving Minors

In order to file a successful motor vehicle accident claim involving a minor, it is important to obtain and preserve strong evidence:

Evidence from the Scene

• Photographs of the accident scene, vehicle damage, skid marks, etc.
• Police report of the accident.
• Details of witnesses who saw the accident.
• Information about road conditions, lighting, weather, etc.

Medical Evidence

• Initial examination report from an emergency room or clinic.
• Medical examination reports (X-rays, CT scans, MRI, etc.).
• Reports from medical treatment providers (doctors, physiotherapists, etc.).
• Medical committee report (if such examination was conducted).
• Documentation of medications, treatments, and other visits.

Financial Evidence

• Medical invoices and payment receipts.
• Expenses for transportation, treatment, etc.
• Documentation of lost income (if applicable).

Evidence of Impact on the Minor's Life

• Family testimony regarding the impact of the injury on the minor's daily life.
• School reports on the impact on academic performance.
• Reports from teachers, coaches, or therapists regarding the impact on participation in activities.