Success Fee for Damages Claim in Petah Tikva

What is a Contingency Fee in a Personal Injury Claim?

A contingency fee, also known as a "conditional fee" or "contingency fee", is a legal payment model that allows victims of traffic accidents, workplace accidents, and public negligence to consult with an attorney at no upfront cost. Under this arrangement, the attorney handles your claim and waits to receive compensation. If you win your case and receive a settlement, the attorney will receive a percentage of the amount recovered — typically between 20% and 35% of the net compensation, depending on the agreement between you. If you lose the case, you pay nothing for the attorney's representation.

This model serves as an important protection mechanism for injured parties who cannot afford substantial legal costs at the early stages of litigation. It is a legitimate legal arrangement regulated by the professional rules of conduct for attorneys in Israel and is particularly common in personal injury claims.

Why Choose a Contingency Fee?

When you are injured in an accident, the financial consequences can be significant — medical expenses, lost income, bodily injury damages, and pain and suffering. In such circumstances, spending money on legal representation can seem like an additional burden you cannot afford. A contingency fee removes this concern: you receive quality legal representation with no immediate financial risk, and you pay only if the claim results in a favorable outcome. This creates an alignment of interests between the client and the attorney — you both have an incentive to secure the highest possible compensation.

How Does Contingency Fee Work in Tort Claims?

A contingency fee arrangement begins with a initial consultation. During the meeting, the attorney examines the details of the accident or incident that caused the injury—the nature of the harm, the extent of damages, potential liable parties, available evidence, and so forth. The attorney will assess the likelihood of success of the claim and determine whether the case is suitable for contingency representation.

If both parties agree to proceed, a contingency fee agreement is executed. This agreement will clearly specify:

• Fee percentage: The portion of the compensation that the attorney will receive. Typically, this range falls between 20% and 35% of the net compensation (after deduction of other legal expenses such as medical examination fees, witness fees, and similar costs), though it may vary depending on case complexity and success likelihood.
• Legal expenses: Typically, the client is responsible for reimbursing direct expenses such as medical examination fees, laboratory testing fees, expert fees, court filing fees, etc. These expenses are usually paid from the compensation recovered.
• Special conditions: There may be additional terms, such as a different fee percentage if a settlement is reached before a medical examination or before trial, as opposed to a higher percentage if the case goes to trial.

After signing the agreement, the attorney handles all stages of the claim—filing the suit, communicating with the defendant's insurance, medical examinations, settlement negotiations, and court representation if necessary. At every stage, your attorney works on your behalf without immediate payment.

When the claim concludes successfully—whether through an out-of-court settlement or a court judgment—the compensation is received. From the amount recovered, direct expenses are paid first, and then the attorney's fee is paid according to the agreed-upon percentage.

Success Fee Percentages in Tort Claims

The success fee percentage in tort claims varies depending on the stage at which the claim is resolved, the complexity of the case, and various other factors. These percentages are not fixed by law, but there are established market norms in Israel's legal market.

Typical percentage ranges:

• Settlement before medical examination: Typically 15%–20% of the net compensation. This is the lowest range, as the legal work is minimal and the level of risk is relatively low.
• Settlement after medical examination and before trial: Typically 20%–30% of the net compensation. At this stage, the attorney has already examined the precise scope of damages and has conducted substantial work navigating the medical and insurance process.
• Settlement after filing a claim in court: Typically 25%–35% of the net compensation. This reflects the higher costs and risks of managing a case in court.
• Settlement after court proceedings or judgment: Can reach 35% or more, depending on the specific agreement and complexity of the proceedings.

It is important to note that these percentages are indicative only and may vary according to the special circumstances of each case. An attorney experienced in tort claims will be able to explain to you in detail the expected range for your specific claim during the initial consultation meeting.

Additional Legal Costs

In addition to the attorney's success fee, there are other legal costs that may be paid from the compensation obtained. These costs include:

• Medical examination fees: A thorough medical examination is conducted to assess the extent of medical damages. This cost varies depending on the complexity of the examination and the type of damage.
• Expert fees: If an expert opinion is required (for example, a neurologist, orthopedic specialist, psychologist, etc.), fees must be paid for their expert opinion.
• Court filing fees: If the claim is filed in court, filing fees must be paid to the court.
• Witness fees: If witnesses are required to testify in court, there may be fees related to their appearance.
• Medical option rental fees: In some cases, an attorney may rent medical options outside of the national insurance to obtain additional examinations.

It is important for you to understand that these costs are paid from the compensation obtained, not from your own pocket. In other words, if the net compensation obtained is, for example, 100,000 shekels, legal costs are 10,000 shekels, and the success fee is 25,000 shekels, you will receive 65,000 shekels. Typically, these costs are paid with priority before the attorney's success fee.

Contingency Fee in Insurance and National Insurance Claims

Damage claims in Israel often include claims against insurance companies (in claims related to traffic accidents, workplace accidents, and liability insurance) as well as claims against the National Insurance (in claims relating to entitlement to disability pensions, annuities, etc.). Contingency fees also apply to these types of claims.

In claims against insurance companies, the attorney conducts negotiations with the company's claims department, reviews settlement offers, and represents you in court if necessary. In claims against the National Insurance, the process includes filing a request to a medical committee, filing an appeal if needed, and representation in appeal proceedings. In both cases, the attorney's fee is calculated based on the compensation or benefits achieved.

It is important to note that in claims against the National Insurance, there are legal limitations on the percentage of attorney's fees that can be charged. Generally, this percentage is lower than in claims against private insurance companies, since the National Insurance is a government body and there is a public interest in limiting legal costs.

What Happens If the Claim Is Unsuccessful?

If the claim is unsuccessful — that is, if the court dismisses the claim or no settlement is reached — you will not pay anything to the attorney for legal fees. This is the power of the contingency fee model: the financial risk is transferred from the client to the attorney.

However, it is important to understand that in some cases, you may be responsible for reimbursing certain legal expenses even if the claim is unsuccessful. This depends on the terms of the agreement signed between you and the attorney. Generally, expenses such as medical examination fees or laboratory test fees may be paid by the client even if the claim is unsuccessful, but this varies according to the specific agreement. In some cases, the attorney may agree to cover some of these expenses as part of the contingency fee arrangement.

This is why it is important to take the time to carefully read and understand the fee agreement, ensuring you know exactly which costs you are responsible for in the event the claim is unsuccessful.

Mandelbaums, Gor, Witzman-Gor & Co. — Expert Tort Lawyers in Petah Tikva

Our firm, Mandelbaums, Gor, Witzman-Gor & Co., is a boutique family law practice specializing in tort law, real estate, and civil-commercial law. Established in 2008 by Attorney Keren Mandelbaums, the firm provides professional legal representation and dedicated family service to victims of traffic accidents, work accidents, public negligence, and insurance claims. We are based in Ramat Gan and maintain a branch in Petah Tikva (Yoni Netanyahu Street 8) to remain accessible and close to our clients in Petah Tikva and the Central District.

In tort law, we specialize exclusively in plaintiff representation — meaning, we stand by your side, not on the side of the defendant or insurance company. This ensures all our efforts are directed toward protecting your rights and securing the fairest possible compensation. With over 18 years of experience representing clients in tort claims, we understand the physical, emotional, and financial hardships you face following an accident or injury.

We offer a free initial consultation to all who contact us. During the consultation, we will hear your accident story, review the details, and assess the prospects of your claim. If we determine there is a strong basis for a claim, we can offer representation on a contingency fee basis, so you won't need to worry about legal costs upfront.

Our approach is personal and dedicated. We believe each case is unique, and every client deserves full attention and legal precision. We work closely with our clients, keeping them informed at each stage of the claim, and work tirelessly to achieve the highest possible compensation.