How to File a Personal Injury Claim in Ramat Gan

What is a Personal Injury Claim and How Do You File It?

A personal injury claim is a legal action designed to obtain monetary compensation for damage caused to you as a result of negligent or wrongful conduct by a third party. In Israel, personal injury claims can range from traffic accidents, workplace accidents, public negligence, property damage, as well as personal injury and emotional distress. Each case is examined individually, and the claim is based on clear legal principles of civil liability.

Filing a personal injury claim is a process that requires a deep understanding of tort law and legal procedures. In Israel, personal injury claims are filed in district courts or labor courts (in workplace accidents), and this process can last months or years, depending on the complexity of the case and the amount of evidence. Each stage of the process requires careful preparation, document collection, medical examination, and professional legal representation.

Steps for Filing a Personal Injury Claim in Ramat Gan

Step 1: Initial Legal Consultation and Claim Assessment

The first step in filing a personal injury claim is meeting with an experienced attorney in this field. During the initial consultation, your attorney will examine the circumstances of the case, determine whether there is clear legal liability of the other party, and assess the chances of success of the claim. At this stage, it is important to bring all relevant documents: police reports, medical reports, photographs from the accident scene, witness statements, and any other evidence that can prove the defendant's liability.

The team at Mandelbaum, Gor, Witzman-Gor & Co. offers an initial consultation at no cost, where you can present your case in private and with confidence. During the meeting, the attorney will explain the prospects of your claim, the expected process, the required timeframe, and how compensation is calculated.

Step 2: Document and Evidence Collection

After deciding to proceed with the claim, we must collect all required documents. These include police accident report (in case of traffic accidents), medical reports from hospitals and clinics, X-ray images, diagnostic reports, medication lists, photographic evidence, written witness statements, and any other document proving the damage sustained. In workplace accidents, reports from the National Insurance Institute, the employer's insurance report, and a work report are also required.

In insurance claims, we must also obtain copies of relevant policies, insurance reports, and all correspondence with the insurance company. Your attorney will coordinate document collection and will know exactly what is required based on the type of claim and the specific circumstances of your case.

Step 3: Independent Medical Examination and Disability Assessment

In most personal injury claims involving physical injury, an independent medical examination is required by a physician or specialist appointed by the court or agreed upon by the parties. This examination determines the degree of disability, the permanent disability percentage, and the impact of the injury on quality of life, work capacity, and future medical expenses.

In workplace accidents, the National Insurance Institute determines disability percentages according to the official disability table, but in civil claims in court, these percentages can be disputed. A quality medical examination is critical to determining the final compensation amount, so it is important that you have an attorney who knows how to use medical reports to maximize your rightful compensation.

Step 4: Filing the Complaint with the Court

When all documents have been collected and the medical examination is complete, your attorney will prepare a detailed complaint. The complaint contains an accurate description of the circumstances, evidence of the defendant's liability, details of the damage sustained, calculation of the requested compensation, and the legal arguments for filing the claim. The complaint is filed with the district court (or labor court in workplace accidents) and is also sent to the defendant or his insurance company.

Filing the complaint marks the official beginning of legal proceedings. From this point forward, the defendant has a defined period to respond to the claim, and typically a process of motions, responses, and additional evidence begins.

Step 5: Discovery and Evidence Procedures

After filing the lawsuit, both parties are required to disclose all relevant evidence to each other. This includes documents, medical reports, witness testimonies, and any other evidence that may be relevant to the case. This stage is critical because it allows both parties to understand the strength of the opposing party's claims and decide whether to continue with the lawsuit or attempt to reach a settlement.

At this stage, your attorney will examine all evidence received from the defendant and identify weaknesses in their claims. This is also the time to file motions for additional disclosure if you have reason to believe the defendant possesses evidence that has not been submitted.

Stage 6: Negotiation and Settlement

At this point in the proceedings, the parties often attempt to reach a settlement. Negotiating a settlement can save time, money, and the risk of losing in court. During the negotiation process, your attorney will conduct discussions with the defendant or their insurance company and attempt to reach an agreement on the amount of compensation. At many points in the process, a settlement can be reached, and it is often the best way to conclude the lawsuit quickly and without risk.

Our attorneys at Mandelbaum, Gor, Witzman-Gor and Partners have extensive experience conducting negotiations on behalf of plaintiffs and know how to protect your rights while attempting to reach a fair agreement.

Stage 7: Trial and Judgment

If no settlement is reached, the case will proceed to trial before a judge. During the trial, both parties will present their claims, evidence, and arguments. The judge will hear the arguments of both parties and make a decision regarding liability and the amount of compensation. The judge's verdict is the final decision, unless one of the parties appeals the decision to a higher court.

At this stage, it is extremely important that you have an experienced attorney who knows how to present arguments persuasively before the court and how to effectively utilize your evidence. Our attorneys have experience in dozens of cases in courts throughout the country, including in the District Court.

Documents Required for Filing a Tort Claim

To file a tort claim effectively, you must prepare in advance a complete file of documents. The required documents vary depending on the type of claim, but below is a list of the most common documents:

• Police Accident Report: In the case of a traffic accident or public accident, the police report is critical evidence. The report describes the circumstances of the accident, the parties involved, and initial findings regarding liability.
• Medical Reports: All reports from hospitals, clinics, and private physicians who treated you following the accident. These reports document the injury, the treatment you received, and the impact of the injury on your health.
• X-rays and MRI Images: Medical images constitute substantial evidence of physical injury and may affect the amount of compensation.
• Medical Report from a Specialist: In serious claims, it is important to obtain a report from a physician specialist in the relevant field (orthopedist, neurologist, psychiatrist, etc.), detailing the injury and future care requirements.
• Witness Testimonies: If there were witnesses to the accident, their testimonies can be critical. It is advisable to collect written testimonies or video recordings if possible.
• Photographs from the Scene of the Accident: Photographs of the vehicle, the location of the accident, and the damages sustained by you can be substantial evidence.
• Medical Bills: All medical invoices from hospitals, clinics, and private practices, as these form the basis for calculating financial damages.
• Insurance Documents: Copies of your insurance policies and any correspondence with the insurance company.
• Employment Documents: In work accidents, reports from the employer, National Insurance Report, and your salary details prior to the accident.

Rights of the Claimant in a Tort Claim

As a claimant in a tort claim, you have protected legal rights. These include the right to receive compensation for bodily injury, for loss of earning capacity, for medical expenses, for pain and suffering, and for loss of enjoyment of life. In certain claims, you may also receive compensation for emotional distress, sleep disturbances, and effects on family and social life.

In work accidents, National Insurance provides basic coverage, but often the compensation from National Insurance is insufficient. In certain circumstances, an additional civil lawsuit can be filed against the employer or responsible party to obtain additional compensation for your damages.

In insurance claims, you have the right to receive compensation from the defendant's insurance company, in accordance with the policy terms. Insurance companies often attempt to reduce the compensation amount or deny liability, and therefore it is important that you have an attorney to protect your rights against the insurance company.

Costs and Expenses in Tort Claims

One of the most frequently asked questions by our clients is: "How much does it cost to file a tort claim?" The answer depends on the type of claim, its complexity, and the length of the proceedings. In Israel, there are several ways to pay attorney's fees in tort claims, and it is important to understand your options.

Attorney's Fees in Tort Claims

In tort claims, attorneys often work on a "contingency fee" basis, meaning you pay fees only if you win the claim or reach a settlement. This means that if your claim does not succeed, you will not have to pay the attorney's fees. This fee typically ranges from 20% to 33% of the compensation amount you receive, depending on the agreement between you and the attorney.

In some cases, an attorney may request hourly rates or fixed retainer fees, especially for legal consultation only. Mandelboim, Gor, Witzman-Gor and Co. Ltd. offers a free initial consultation so you can understand the payment options before committing to a full claim.

Additional Legal Expenses

In addition to attorney's fees, there are additional legal expenses that may be required during the proceedings. These include court filing fees, document service fees, the cost of independent medical examination, the cost of expert testimonies, and travel and time expenses. Typically, the attorney will cover these expenses upfront, and they will be reimbursed to the attorney from the final compensation amount if you win the claim.

It is important to understand that these legal expenses are separate from attorney's fees and are calculated separately. In settlement agreements, the attorney will often try to obtain an agreement where the defendant covers part of these legal expenses.

Typical Compensation Range

The amount of compensation in a tort claim depends on many factors, including the type of damage, the severity of the injury, the plaintiff's age, financial situation, and the degree of responsibility of the defendant. In minor traffic accidents, compensation may be in the range of tens of thousands of shekels, while in serious accidents with permanent disability, compensation may reach tens or even hundreds of thousands of shekels. Each case is examined on its own merits, and no two claims are exactly identical.

In National Insurance claims, compensation is set according to the official disability table, but in civil court proceedings, the compensation amount can be negotiated and higher amounts can be achieved based on your evidence.

Comparison Table: Types of Tort Claims and Timelines

Important Note: The above table presents typical ranges only, based on general experience in the field. Each case is reviewed individually, and compensation amounts vary according to specific circumstances, severity of damage, and evidence in the case. These amounts are not guaranteed and do not constitute a guarantee or prediction of the outcome of any claim.

Why Choose Mendelboyim, Gor, Witzman-Gor & Co. Law Office in Ramat Gan

When you are facing an accident or injury that requires filing a personal injury claim, it is important that you have an attorney who has in-depth knowledge of the field and extensive experience managing such claims. Mendelboyim, Gor, Witzman-Gor & Co. is a boutique family law firm specializing in tort law, founded in 2008 by Attorney Karen Mendelboyim.

The office is based in Ramat Gan, and this location enables us to remain close to our clients and understand the local circumstances of claims in the city and the central region. With over 18 years of experience in representing claimants exclusively in tort law, the office knows how to handle every type of claim, from simple traffic accidents to complex claims involving public negligence and serious workplace accidents.

One of the things that distinguishes Mendelboyim, Gor, Witzman-Gor & Co. is our specialization in representing claimants exclusively. This means we do not represent defendants or insurance companies, but only claimants like you. This allows us to focus entirely on your rights and obtaining the highest possible compensation for you.

Furthermore, Mendelboyim, Gor, Witzman-Gor & Co. offers a free initial consultation meeting. This means you can meet with your attorney, present your case, and receive an initial assessment of your claim's prospects, all without any obligation. After the initial consultation, if you decide to proceed, you can work with the office on a contingency fee basis, meaning you pay only if you win.