Guide to Personal Injury Claims for the Elderly

What is a Personal Injury Claim for the Elderly and Why Is It Important

A personal injury claim is a legal action filed by an injured party to obtain monetary compensation for damages caused as a result of unlawful conduct or negligence by another person, public body, or business. When it concerns an elderly person, the claim may arise from a fall at home, in a store, in a garden or public space, a motor vehicle accident, medical malpractice, or any other case where the elderly person's body or property has been harmed.

Elderly individuals are a particularly vulnerable group in society and have strong legal rights when injured in an accident. The responsible parties — whether property owners, institutions, insurance companies, or public entities — are legally obligated to compensate for the damages caused. Israeli tort law provides injured parties with powerful legal tools to obtain fair compensation.

When an elderly person suffers a fall or accident, the injury can be particularly severe — hip fractures, spinal injuries, bone fractures, head injuries, or medical complications that affect quality of life. Elderly individuals often lose their ability to live independently, requiring care, ongoing medical treatment, or home modifications. Legal compensation is intended to cover all such damages — medical, financial, and daily living expenses.

Types of Damages in an Elderly Person's Claim

In a personal injury claim for an elderly person, damages are divided into several main categories:

• Bodily and Health Damages: Any physical injury — fractures, wounds, chronic pain, disfigurement (visible scars), loss of senses, or loss of mobility. Damage is measured by disability percentages determined by a medical committee.
• Loss of Earning Capacity and Income: If the elderly person is still working or receiving any income, such damages include income lost due to inability to work during recovery or permanently.
• Medical Expenses: All medical treatment, medications, surgeries, physical therapy, psychological treatment, assistive devices (canes, wheelchairs, lifts), home modifications, and nursing care.
• Loss of Enjoyment of Life: Elderly persons who have lost the ability to enjoy normal life activities — travel, social activities, hobbies — are entitled to compensation for such damages.
• Property Damages: If the elderly person suffered damage to their property (clothing, glasses, phone, etc.), they are entitled to compensation for such losses.

What Is a Medical Committee and How Does It Determine Disability Percentages

A medical committee is the legal body that determines the degree of disability of the injured party. It is an expert committee consisting of three physicians (or sometimes more) experienced in assessing bodily injuries. The committee examines the injured person, reviews their medical file, and considers all relevant data to determine a disability percentage — ranging from 1% to 100%.

The disability percentage is the basis for calculating compensation. The higher the disability percentage, the greater the compensation. For example, a 30% disability resulting from a hip fracture may lead to compensation of tens of thousands of shekels, while a disability of 70% or higher may result in significantly higher compensation, plus annual medical and nursing care expenses.

The medical committee process is critical, and often the claimant (the elderly person) may challenge the committee's decision or file an appeal with an appeals committee if they believe the disability was underestimated. The Mandelboim, Gor & Yitzhman-Gor office represents injured parties at this stage and handles objections and appeals as necessary.

Who Is Liable in an Elderly Person's Claim — Who Pays the Compensation

In a personal injury claim for an elderly person, it is necessary to identify the responsible party — that is, whose conduct or lack of care caused the accident. Those liable can be varied:

• Property owners (houses, shops, offices): If an elderly person fell due to a slippery floor, dangerous stairs, or hazardous conditions on the property, the property owner may be liable. The law requires property owners to maintain the safety of their visitors.
• Public bodies (municipalities, government offices): If an elderly person fell due to broken stairs in a public building, a hole in the road, or a hazardous condition in a public space, the public body may be liable.
• Companies and contractors: If the accident occurred due to negligence by an employee or contractor, the company may be liable.
• Insurance companies: In insurance claims, the insurance of the responsible party pays the compensation. In traffic accidents, for example, the driver's or vehicle owner's insurance pays.
• National Insurance: In work accidents, the National Insurance provides basic benefits, but an elderly person may also file a civil claim against the responsible party in addition to National Insurance compensation.

Personal Injury Claim Process for an Elderly Person — Main Steps

The personal injury claim process for an elderly person can be lengthy and complex. Here are the main steps:

1. Initial assessment: The elderly person or family members contact an attorney. The attorney examines the circumstances, collects medical documents, information about the accident, and determines whether there is a legal basis for the claim.
2. Filing a demand: The attorney sends a written demand to the responsible party or their insurance, describing the accident, the damages, and requesting compensation. Usually, a few weeks are given to respond.
3. Negotiations: If the responsible party or insurance responds positively, compensation negotiations may begin. Cases are often resolved at this stage.
4. Medical evaluation: If no agreement is reached, the injured party (elderly person) will undergo examination by a medical committee that will determine the disability percentage and type of damages.
5. Filing a lawsuit in court: If negotiations fail, the attorney will file a formal lawsuit in court. The suit will detail all data, evidence, medical opinions, and the requested compensation amount.
6. Court proceedings: In court, both parties will present their arguments. There may be a need for testimony, document production, and expert testimony. The court will finally determine who is liable and how much compensation must be paid.
7. Enforcement of judgment: After the court determines liability, the responsible party or insurance pays the compensation.

Each step can take time — from months to years. Mandelbaum, Gor and Yitzman-Gor office guides the elderly person through each step, handles communication with insurance companies, conducts negotiations, and files lawsuits in court if necessary.

Differences Between Elderly Claims and Other Claims

Tort claims of elderly persons may differ significantly from claims of younger or working-age individuals. Here are some important differences:

Common Mistakes Elderly Persons Make in Tort Claims

Many elderly individuals may make mistakes that reduce the likelihood of obtaining fair compensation:

• Failure to Report the Accident: Some do not report the accident to police or public authorities immediately. Prompt reporting is crucial for establishing facts.
• Failure to Preserve Medical Documents: Every medical examination, medication, treatment — all documents must be preserved. These are your evidence.
• Accepting Initial Insurance Offer: Insurance companies often offer significantly less than entitled. It is important to obtain legal advice before accepting any offer.
• Signing Documents Without Understanding: Elderly persons may be under pressure or confused, and signing a document without full understanding may harm the claim.
• Not Challenging Medical Committee Decision: If disability percentage is determined unfavorably, you can file an objection or appeal. Many are unaware of this right.
• Delaying Filing a Claim: There are time limits (statutes of limitation) for filing a claim. It is important to act quickly.

How Mendelboims, Gor and Yitzman-Gor Assists Seniors

Our firm was established in 2008 by attorney Keren Mendelboims with a clear mission: to stand by the side of victims and seniors injured in accidents. We specialize in representing claimants only — we do not represent insurance companies or the liable party. This means we are 100% on your side.

Our work includes:

• In-depth consultation: We listen to your story, understand the circumstances, and determine whether you have a strong claim.
• Document collection: We gather police reports, scene photographs, medical examinations, expenses, witness statements — everything that can strengthen your claim.
• Smart negotiation: We negotiate with insurance companies, present facts and evidence, and push for fair compensation.
• Medical support: We work with medical experts, present evidence before a medical committee, and handle appeals.
• Court representation: If we need to go to court, we're there for you, presenting your case before the judge, and securing fair compensation.
• Sensitive handling: We understand that seniors are a vulnerable population. We speak in simple language, explain every step, and are always available for questions.

Why Choose an Attorney for a Senior's Tort Claim

Legal representation in a tort claim is essential. Here's why:

• Legal expertise: Israel's tort law is complex. An attorney knows which laws apply, what rights you have, and how to argue your case strongly.
• Negotiation with insurance: Insurance companies are experienced in offering low amounts. An attorney knows what the compensation should be and won't accept less.
• Protection of your rights: Without an attorney, a senior may be exploited or sign documents that harm the claim.
• Execution of legal proceedings: If court proceedings are necessary, an attorney knows all the technical details, deadlines, forms, and requirements.
• Peace of mind: Knowing that an experienced attorney is handling your claim, you can focus on recovery and your life.