Contingency Fee for Tort Claims in Ramat Gan

What is a Contingency Fee in Tort Claims?

A contingency fee, also known as a 'conditional fee arrangement', is a legal payment structure that allows victims of traffic accidents, workplace accidents, and other insurance claims to be represented by an attorney without upfront payment. Instead, the attorney receives compensation only if the claim is resolved successfully — that is, when the client receives monetary compensation or a favorable legal settlement.

This system is designed to provide equal opportunity to every victim, regardless of their financial ability to hire an attorney immediately. This is particularly significant in tort claims, where damages can be substantial, but the victim may be in a difficult financial situation due to the injury itself.

In Israel, contingency fees are a recognized and accepted legal tool, regulated by tort law and the professional rules of the Israeli Bar Association. Attorneys at Mandelbaum, Gor & Vitsman-Gor Law Firm have been active in this field since 2008, and their experience allows them to accurately assess the chances of success in a claim and offer a fair compensation model for both parties.

How Does Contingency Fee Work in Tort Claims?

Under a contingency fee agreement, the attorney and client sign a contract that outlines the terms of representation. The contract includes several important elements:

• Percentage of compensation: Typically, the attorney receives a certain percentage of the amount the client receives as compensation. The percentage varies depending on the complexity of the case, the stage of proceedings (trial, appeals, cassation), and the expected chances of success.
• Legal expenses: In addition to attorney fees, the client is often responsible for reimbursing legal expenses such as medical examination fees, investigation fees, court filing fees, and claim insurance. These expenses may be covered upfront or payable upon success, depending on the agreement.
• Legal liability insurance: Responsible firms, including ours, often insure the client against a situation where the attorney fails to achieve the expected result or neglects the case.
• Full transparency: All terms must be clearly stated in understandable language, so the client can make an informed decision.

The process itself includes an initial case assessment, collection of documents and medical records, negotiation with the insurance company or the other party, filing a lawsuit in court if necessary, and all proceedings until a settlement or judgment is reached. Throughout the process, your attorney works on your behalf and represents your interests.

Advantages of Contingency Fee

The contingency fee model offers several significant advantages for accident victims and insurance claimants:

• No initial financial risk: You pay nothing if the case is not resolved successfully. This removes the financial barrier to hiring an experienced attorney.
• Alignment of interests: Your attorney has a direct interest in obtaining the highest possible compensation, since he shares in the outcome. This creates a relationship of trust and mutual benefit.
• Access to quality representation: This model allows victims with low income or without substantial savings to be represented by experienced attorneys, just like those who can afford hourly rates.
• Transparency in costs: All estimated costs are agreed upon in advance in the contract, so you know exactly what to expect.
• Support during difficult times: When you suffer an accident or injury, you are typically in financial and physical distress. Contingency fees allow you to focus on recovery while your attorney handles the claim.

Risks and Disadvantages You Should Understand

Despite the advantages, it is important to understand the potential implications of this model:

• Higher percentage of compensation: Because the attorney assumes the risk, he typically receives a higher percentage of the compensation than under a fixed fee arrangement. This means the client receives less from the gross compensation.
• Case selection: Attorneys may be more selective in choosing which cases to take, since they invest time and resources without upfront payment. Cases with low success rates may be rejected.
• Dependence on attorney's assessment: You rely on the fair assessment of your attorney regarding the chances of success in the claim and the likely settlement. If this assessment is incorrect or overly optimistic, you may be disappointed.
• Legal expenses: Even if the case is not resolved successfully, you may be required to pay a portion of the legal expenses, depending on the agreement. It is important to check this in advance.

Typical percentage ranges in contingency fee arrangements

The contingency fee percentage varies depending on several factors, including the stage of the proceedings, the complexity of the case, and the prospects of success. Below is a table showing typical ranges:

It is important to note that these percentages are general ranges only. Each case is examined individually, and the specific percentage will be settled in a written agreement between the attorney and the client. The Mandelbaum, Gor, Witzman-Gor firm offers fair percentages that reflect the reality of each case individually, while maintaining economic viability for the client.

Legal expenses — what you need to know

In addition to attorney fees, tort claims typically include various legal expenses. These may include:

• Medical examination fees: Examinations by specialist physicians to confirm damages and determine disability percentage.
• Private investigation fees: If evidence collection, accident documentation, or investigation of circumstances is required.
• Court filing fees: Official court fees, service charges, and file management fees.
• Expert witness fees: For expert witnesses such as physicians, engineers, or economists.
• Translation or service fees: If translated documents or official notices are required.

In a contingency fee agreement, it is typically agreed in advance how these expenses will be handled. Some may be advanced by the attorney (meaning he pays and recovers them from the compensation upon success), while others may be a shared or full responsibility of the client. This is an important part of the agreement that should be clarified in detail.

The Contingency Fee Lawsuit Process — Step by Step

When you contact Mandelboim, Gor, Witzman-Gor & Co. with a personal injury claim, the process typically begins as follows:

Step 1: Initial Consultation
You come to our office in Ramat Gan (Donesh 1) or Petah Tikva (Yoni Netanyahu 8) for a free consultation. You tell your story, and we listen carefully and attentively. We ask questions to understand the circumstances of the accident, the damages you suffered, your current medical condition, and the steps you have already taken.

Step 2: Legal Assessment
After the meeting, we examine the evidence, medical reports, insurance conditions, and applicable law. We assess the prospects of the claim clearly — neither overly optimistic nor overly pessimistic. We offer an honest assessment of the expected compensation and legal expenses.

Step 3: Contingency Fee Agreement
If you decide to proceed, we sign a written agreement that specifies all terms: the percentage of the contingency fee, legal expenses, your rights and obligations, and the course of action. Everything in clear language, with no confusing fine print.

Step 4: Document and Evidence Collection
We collect all relevant documents: the accident report, medical reports, insurance documentation, criminal indictments (if any), witness statements, and any other evidence. This may take several weeks, depending on the complexity of the case.

Step 5: Medical Examination
If necessary, we arrange a medical examination by an expert to confirm the damages, determine the degree of disability (in the case of national insurance), and predict recovery and impact on earning capacity.

Step 6: Negotiation or Case Filing
We contact the insurance company or the other party with a legal proposal. We attempt to reach a fair settlement without need for court proceedings. If the other side refuses or makes an unfair offer, we file an official case in court.

Step 7: Court Proceedings
We represent you in all court hearings, present evidence, examine witnesses, and speak on your behalf. This may include multiple hearings over months or years, depending on the depth of the case.

Step 8: Judgment or Settlement
When the court issues a judgment or when a settlement is reached, we ensure that the compensation is transferred to you correctly. We deduct the contingency fee and legal expenses from the compensation and transfer the remainder to you.

Step 9: Appeal (if necessary)
If you or the other party are not satisfied with the judgment, you may appeal to the court of appeals or file a cassation appeal. We continue to represent you at this stage, with a contingency fee percentage agreed in advance.