Guide to Monetary Tort Claims

What is a Monetary Tort Claim and Who is Entitled to It

A monetary tort claim is a legal petition filed to obtain financial compensation for damage caused as a result of an action or omission by another person. It is one of the most important ways to obtain monetary relief when someone causes you harm — to your body, property, or legal rights. In Israel, tort law regulates the rights of injured parties and obligates the responsible party to pay fair compensation based on law and case law.

Traffic accident victims, workplace accident victims, victims of public negligence, insured persons denied national insurance, and tenants harmed by real estate deficiencies — all may be entitled to file a monetary tort claim. The difference between one claim and another depends on the type of damage, the degree of the defendant's liability, and the evidence available to the plaintiff.

Types of Damage in Monetary Tort Claims

When discussing monetary relief in tort claims, it is important to understand that there are several categories of damage that can be claimed:

• Bodily Injury Damages — pain, suffering, reduction in quality of life, loss of earning capacity, medical treatment. This is the most common type of damage in traffic accidents and workplace accidents.
• Economic Damages (Direct Financial Loss) — actual medical expenses, loss of income, rehabilitation costs, physiotherapy treatment, medication and medical equipment.
• Property Damage — damage to vehicles, other assets, or real estate investment as a result of the defendant's wrongful conduct.
• Emotional and Psychological Damage — in certain circumstances, claims may be made for mental suffering, fear, anxiety, or disorders caused directly by the incident.
• Damage to Future Life — in serious cases, when the injury affects the victim's ability to education, career, or family life.

How Monetary Relief is Calculated in Tort Claims

The calculation of compensation in monetary tort claims is not an arbitrary process. The court uses established legal considerations, precedent case law, and economic principles to assess the value of damage. The court takes into account:

• Degree of Disability and Loss of Earning Capacity — using medical reports and opinions of medical committees that assess disability percentages.
• Age of the Victim and Life Expectancy — a young victim left with permanent disability will receive higher compensation than a victim near retirement age.
• Income Before the Accident — how much the victim earned and how much he is likely to lose in the future due to disability.
• Actual Medical Expenses and Future Treatment Plans — all documented expenses and anticipated future expenses.
• Type and Severity of Damage — minor, moderate, or severe damage directly affects the amount of compensation.

Typically, the court uses reference tables and years of judicial experience to reach a reasonable amount. No two claims are identical, and each case is examined individually according to its particular circumstances.

Stages of Civil Damages Claim Proceedings

A civil damages claim goes through several important legal stages. Understanding the process helps the injured party prepare themselves and know what to expect:

Stage 1: Preparation and Documentation

Before filing a claim, it is important to gather all relevant documents. This includes medical reports, photographs of damage, witness statements, expert opinions (doctors, psychologists), receipts for medical expenses, employer certificates regarding loss of income, and photographs or videos from the scene. In cases of traffic accidents, a police report is critical. This documentation forms the basis for every claim to be presented in court.

Stage 2: Sending the Claim and Preliminary Demand

Before filing a claim in court, a legal counsel typically sends a formal demand letter to the defendant (or their insurer). This letter details the damage, the amount requested, and the evidence supporting the claim. Often, the other party will respond with a settlement offer. If an agreement is reached at this stage, lengthy and costly litigation can be avoided.

Stage 3: Filing the Claim with the Court

If no settlement is reached, a formal claim is filed with the competent court (usually a magistrate's court or family court, depending on the type of claim and the amount). The claim includes details of the plaintiff, details of the defendant, a detailed description of the incident, the damage caused, and a calculation of the compensation sought.

Stage 4: Defendant's Response

The defendant (or their insurer) has a set deadline to file a response to the claim. In this response, they may deny the allegations, propose an alternative settlement, or raise legal defenses. At this stage, interim hearings may also take place to attempt to reach an agreement.

Stage 5: Evidence, Cross-Examination, and Arguments

If no settlement is reached, trial hearings take place in which evidence is presented. This includes testimony from the injured party themselves, witness testimony, expert opinions (doctors, actuaries), and medical and other documentation. Each party has the opportunity to cross-examine the other party's evidence. This is the most critical stage, as effective cross-examination may significantly impact the judgment.

Stage 6: Judgment and Determination of Compensation

After hearing all evidence and arguments, the judge issues a judgment. In the judgment, the judge determines whether the defendant is liable for the damage, and if so—how much compensation must be awarded. The judgment includes a detailed explanation of the legal reasoning and a detailed calculation of the compensation.

Stage 7: Enforcement of Judgment and Collection of Compensation

Following a judgment in favor of the plaintiff, enforcement of the judgment is necessary. If the defendant does not pay voluntarily, collection proceedings may be initiated (execution). In some cases, third-party insurance (the defendant's insurance) pays the compensation directly.

Differences Between Monetary Claim and National Insurance

It is important to understand the differences between a monetary tort claim and receiving benefits from national insurance. Both may be relevant to an injured party, but they operate in different ways.

National Insurance is a legal system that provides fixed benefits to victims of work accidents, disabled persons, bereaved families, and elderly individuals. These benefits include monthly allowances, one-time compensation, covered medical expenses, and more. The conditions for receiving these benefits are defined by law, and the process is generally faster than a legal lawsuit.

A monetary tort claim, on the other hand, is a legal action against the responsible party (or their insurance) to obtain compensation for the damage caused. The compensation in a tort claim may be substantially higher than national insurance benefits, but it requires proof of liability and legal expertise.

In some cases, an injured party may be entitled to both — national insurance benefits and compensation from a monetary claim. However, there are rules regarding compatibility between the two, to prevent the injured party from receiving "double compensation" for the same damage.

Importance of Legal Representation in Monetary Claims

The process of filing a monetary tort claim and pursuing it to judgment is complex and challenging. An attorney experienced in tort law can assist in several critical ways:

• Accurate assessment of damages — An attorney knows how to evaluate damages fairly and legally, in accordance with prevailing case law and the specific circumstances of the case.
• Evidence collection and documentation — An attorney knows which critical documents and evidence need to be collected and how to present them convincingly to the court.
• Negotiation with the opposing party — Often, an attorney can achieve a better settlement through negotiations than a private individual without legal knowledge.
• Court representation — During litigation, an attorney can present arguments forcefully, cross-examine the opposing party's witnesses, and protect the plaintiff's rights.
• Handling appeals and secondary proceedings — If the judgment is unsatisfactory, an attorney can guide the injured party regarding appeal options or secondary proceedings.

Typically, a tort law attorney works on a contingency fee basis, meaning he or she receives compensation only if the claim is won or a settlement is achieved. This means the injured party does not need to worry about legal costs upfront.

Common Scenarios of Monetary Tort Claims

To better understand how a monetary tort claim works in practice, here are some common scenarios:

Scenario 1: Car Accident with Injury

A driver is injured in a car accident caused by the negligence of another driver. The injured party suffers a dislocated shoulder, fractures, and general injuries. After a lengthy recovery, he is left with chronic pain and partial loss of work capacity. He files a monetary tort claim against the other driver (or their insurance). The claim includes actual medical expenses, past and future lost income, pain and suffering, and diminished quality of life. The court determines the amount of compensation based on the severity of the injury, the plaintiff's age, income, and medical opinion.

Scenario 2: Work Accident

An employee is injured in a work accident caused by inadequate safety measures at the workplace. He suffers partial permanent disability (40% loss of work capacity). He receives national insurance benefits but also files a monetary tort claim against the employer (or their insurance). The claim includes compensation for future lost income, medical expenses, and pain and suffering. The court determines the compensation based on the employer's liability, severity of the disability, and medical opinion.

Scenario 3: Medical Malpractice

A patient suffers injury as a result of a medical error by a physician or hospital. The damage may be severe, such as loss of vision or paralysis. He files a monetary tort claim against the physician or hospital. The claim requires proof that the physician deviated from accepted medical standards and that the error directly caused the injury. Compensation in such a claim may be very substantial, depending on the severity of the damage.

Scenario 4: Property Damage in Real Estate

Residents in an apartment suffer serious property damage caused by the negligence of a contractor during construction or renovation work in the building. They file a monetary tort claim against the contractor. The claim includes repair costs, loss of use of the apartment (in some cases), and any secondary damage caused. The court determines the compensation based on an expert assessment of repair costs.

Scenario 5: Defamation and Human Rights Violation

A person suffers from false publication or defamation that damages his good name and honor. He files a monetary tort claim against the publisher. The claim includes compensation for damage to reputation, emotional harm, and any economic loss resulting from the publication. The court determines the compensation based on the severity of the defamation, the extent of publication, and actual damage caused.

How Mandelbaum, Gor, Witzman-Gor & Co. Can Help

Mandelbaum, Gor, Witzman-Gor & Co. specializes in representing plaintiffs in tort law since 2008. We understand the suffering of accident victims, the frustration of lost income, and the need for fair and swift compensation. Our experience in monetary tort claims spans traffic accidents, workplace accidents, public negligence, insurance claims, and national insurance.

When you approach us, we conduct a detailed assessment of your case. We gather all relevant evidence, consult with experts (physicians, actuaries, engineers), and develop a strong legal strategy. We negotiate vigorously with the opposing party to achieve a favorable settlement, but if necessary, we do not hesitate to file a lawsuit and represent you in court proceedings.

One of the things that sets us apart is that we work on a contingency fee basis. This means you pay us nothing upfront — we receive compensation only when we win or achieve a settlement on your behalf. This ensures that we are dedicated to obtaining the best possible outcome for you.

Additionally, we offer a free initial consultation meeting. In this meeting, you can tell us your story, and we will give you an initial assessment of your case and the next steps. This allows you to understand whether you have a strong claim and how we can help.

Our office is located in Ramat Gan, and in addition to services for Ramat Gan, we also serve key clients from Petach Tikva and throughout the central region. You can call us by phone, send us a message, or come in for a direct meeting. We are here to help you obtain the compensation you are entitled to.