Lawsuit Against the Ministry of Defense in Ramat Gan
Leave your details — we’ll get back to you
We’ll respond within 24 hours
What is a Claim Against the Ministry of Defense?
A claim against the Ministry of Defense is a civil lawsuit filed by a person (or their family) who has been injured as a result of an action, omission, or negligence by the Ministry of Defense, the military, or another security force. It is a claim under tort law aimed at obtaining monetary compensation for damages incurred — whether bodily injuries, loss of earning capacity, emotional suffering, or loss of a loved one.
The Ministry of Defense has a legal duty to ensure the safety of its soldiers, employees, and all persons within its areas of operations. When this duty is breached and damage is caused — there is an opportunity to file a claim in order to obtain compensation. Such claims are handled in the district courts in Israel and are sometimes resolved through settlement proceedings or judgment.
While claims against government entities may be more complex than claims against individuals, the right to compensation is an existing and legal right. The Ministry of Defense is not immune from tort claims, and a claim can be filed against it in the regular manner in court.
Who Can File a Claim Against the Ministry of Defense?
The circle of respondents in a claim against the Ministry of Defense includes a person who suffered direct injury, a close family member of an injured party who suffered ancillary damages (such as mental suffering or expenses), or a family member of a deceased who died as a result of an action or omission by the Ministry of Defense. In any case, there must be a direct causal connection between the action (or omission) of the Ministry of Defense and the damage caused.
Categories of Injured Parties Who Can File a Claim:
- Active service members or reserve service personnel — injured in an accident, public negligence, or deficient safety conditions in the military.
- Ministry of Defense employees (civilian) — injured in a workplace accident or as a result of unsafe conditions at the workplace.
- Civilians — injured as a result of military action, bombing, or a security-related incident.
- Families of fatal victims — entitled to compensation for loss of the deceased and additional damages.
It is important to note that each case is examined on its own merits. The claim must prove that there was a violation of law or breach of a legal duty by the Ministry of Defense, and that there is a direct causal connection between the breach and the damage.
Types of Damages That Can Be Claimed
In lawsuits against the Ministry of Defense, various types of damages can be claimed. Israeli law recognizes several categories of damages, each calculated differently:
Physical Injury and Health Damages
This is direct damage to the body — injury, fracture, burn, disability, illness, or any physical harm. Compensation for physical injuries is calculated based on the percentage of disability determined by a medical committee, the official disability table of the Ministry of Defense, or an independent medical opinion. The amount varies depending on the severity of the disability, the age of the injured party, and life expectancy.
Loss of Working Capacity and Future Income
If the injured party cannot return to their previous employment or earns less than before the injury, compensation for lost income can be claimed. This includes income lost up to the date of the claim, as well as future income that will not be received due to the disability. This calculation is based on the injured party's previous salary, the expected duration of inability to work, and the amount they could earn in alternative employment in the future (if any).
Medical Expenses and Treatment Costs
All expenses incurred as a result of the injury — medical treatments, medications, surgeries, rehabilitation, physiotherapy, medical examinations, and the like — can be recovered. This includes expenses already paid and anticipated future expenses.
Pain and Suffering
Under Israeli tort law, compensation for physical suffering and pain resulting from the injury is recognized. This is determined by judicial assessment based on the severity of the injury, duration of suffering, and its impact on the injured party's quality of life.
Consequential Damages — Emotional Distress of Family Members
A close family member (spouse, parent, child) of the injured party may be entitled to compensation for emotional distress suffered as a result of the injury. For example: if a person becomes disabled and their spouse suffers psychological consequences, a claim can be filed for the spouse as well.
Loss of Enjoyment of Life
When the injured party can no longer enjoy activities they previously engaged in (sports, hobbies, social life), compensation for this damage can be claimed. This is based on the reduction in quality of life and the injured party's inability to participate in activities that brought them pleasure.
Stages of the Legal Process for Claims Against the Ministry of Defense
Evidence Collection and Medical Documentation
Before filing a claim, all relevant documents must be gathered: medical reports, photographs, witness statements, accident reports, and any evidence proving the connection between the injury and the Ministry of Defense. Without strong documentation, it is difficult to prove the claim.
Initial Legal Assessment
A lawyer specializing in this field examines the case, determines whether there is a legal basis for the claim, identifies the defendants (Ministry of Defense, specific officer, military unit), and determines the expected compensation amount based on the type of damage.
Sending a Written Demand
Before filing a formal lawsuit, standard legal practice is to send a written demand to the Ministry of Defense (or its insurer) describing the claim, damage, and requested amount. The Ministry of Defense may respond, reject, or offer a settlement. In some cases, such a demand leads to an out-of-court settlement.
Filing a Formal Lawsuit in Court
If no agreement is reached, a formal claim is filed in the District Court. The claim includes a detailed description of the facts, damage, requested amount, and all supporting evidence. The Ministry of Defense (or its insurer) files a response to the claim.
Discovery and Evidence Examination Procedures
Both parties examine each other, exchange documents, and submit affidavits in succession. This is a critical stage where facts are clarified and may be an opportunity for settlement negotiations.
Negotiation and Settlement or Trial
Typically, before trial, parties invest time in settlement negotiations. If an agreement is reached, a settlement agreement is signed and the claim terminates. If not, the case proceeds to court hearing where a judge decides based on the evidence.
Typical Compensation Amount Ranges in Claims Against the Ministry of Defense
The compensation amount in a claim against the Ministry of Defense depends on various factors: type of damage, severity of disability, age of the injured party, their salary, life expectancy, and the degree of fault of the Ministry of Defense. There is no fixed amount, and each case is determined based on unique facts.
However, a general estimate of ranges can be provided:
| Type of Damage / Case | Typical Compensation Range | Notes |
|---|---|---|
| Minor disability (10-20%) | ₪50,000 – ₪200,000 | Depends on age, duration of suffering, and impact on quality of life |
| Moderate disability (21-50%) | ₪200,000 – ₪800,000 | Includes compensation for loss of earning capacity |
| Severe disability (51-100%) | ₪800,000 – ₪2,500,000+ | Depends on age and prior income |
| Loss of a loved one (death) | ₪500,000 – ₪2,000,000 | Distributed among family members |
| emotional suffering of a family member | ₪50,000 – ₪300,000 | According to the degree of relationship and severity of suffering |
Important to note: These are general estimates only. The actual compensation amount can be higher or lower depending on the specific circumstances of the case. A court judge will determine the final amount based on evidence, prior court decisions, and tort law.
מה צריך להוכיח כדי לנצח בתביעה נגד משרד הביטחון?
כדי לנצח בתביעה נגד משרד הביטחון, על התובע (או עורך הדין שלו) להוכיח שלוש נקודות עיקריות:
1. קיום חובה משפטית של משרד הביטחון
ראשית, יש להוכיח שמשרד הביטחון היה חייב בחובה משפטית כלפי הנפגע. לדוגמה: משרד הביטחון חייב בחובה לשמור על בטיחות חייליו, לספק תנאים בטוחים בעבודה, להשתמש בציוד בטוח, וכדומה. חובה זו עשויה להיות מוגדרת בחוק, בתקנות, בהנחיות צבאיות, או בדין המקובל (common law).
2. הפרה של החובה
שנית, יש להוכיח שמשרד הביטחון הפר את החובה. זה עשוי להיות כתוצאה מפעולה רשלנית (למשל: ציוד לקוי לא תוקן), או השמטה (למשל: חוסר פיקוח על בטיחות). הפרה זו חייבת להיות משמעותית וממשית, לא טעות טריוויאלית.
3. קשר סיבתי ישיר בין ההפרה לבין הנזק
שלישית, יש להוכיח שהנזק שנגרם היה תוצאה ישירה של ההפרה. כלומר: אם לא הייתה ההפרה, לא היה הנזק. זה קשר סיבתי חוקי בשם "but for" — אם לא בגלל ההפרה, הנזק לא היה קורה.
כל אלה חייבים להיות מוכחים בדרגה של "מאזן ההסתברויות" (balance of probabilities) — כלומר, שיותר סביר מלא שלא שהטענה נכונה.
Ministry of Defense Defenses in a Lawsuit
The Ministry of Defense is not immune from lawsuits, but it has several legal defenses it may raise:
Military Service and Military Law
The Ministry of Defense may argue that the injured party was a soldier or employee in a military capacity, and therefore has no right to sue under regular tort law, but only to compensation through the Ministry of Defense or the Ministry of Welfare. This is a weaker defense in modern times, as Israeli courts recognize the right to file a lawsuit against the Ministry of Defense even for soldiers.
Lack of Causal Connection
The Ministry of Defense may argue that there is no causal connection between its action and the damage. For example: if a soldier is injured in an accident unrelated to military negligence, the Ministry of Defense is not liable.
Comparative Negligence
If the injured party was partially responsible for the damage (for example: failed to comply with safety guidelines), the Ministry of Defense may argue comparative negligence, which reduces compensation according to the percentage of fault attributed to the injured party.
Reasonable Avoidance of Damage
The Ministry of Defense may argue that it did everything reasonably possible to prevent the damage, and therefore bears no liability. This defense is difficult to prove, but if the Ministry of Defense can show that it conducted safety inspections, updated equipment, and implemented guidelines, it may succeed with this defense.
Why It Is Important to Consult with an Attorney in a Claim Against the Ministry of Defense
A claim against the Ministry of Defense is a complex action that requires deep legal knowledge, familiarity with defense mechanisms, and an understanding of Israeli tort law. Here is why it is important to consult with an expert attorney:
Complete Understanding of Your Rights
An expert attorney will be able to explain to you precisely what rights you have, what can be claimed, and what the expected amount of compensation is according to the circumstances of your case. You will not have to guess or rely on inaccurate information from the internet.
Collection of Proper Evidence
An attorney will know exactly which documents and evidence you need to prove your claim. He will help you collect medical reports, photographs, witness testimony, and any other evidence that will strengthen your case.
Negotiation with the Ministry of Defense or Its Insurer
An attorney will negotiate on your behalf with the Ministry of Defense or its insurer. Typically, the Ministry of Defense will not agree to compensation without negotiation, and your attorney will be able to achieve a better settlement than if you conducted the negotiation yourself.
Representation in Court
If the case goes to trial, an attorney will be able to represent you, present evidence, cross-examine witnesses, and argue on your behalf before the judge. This requires deep legal knowledge and experience in legal proceedings.
Avoidance of Legal Errors
A legal claim requires compliance with strict procedural laws. If you file a claim yourself, there may be a technical obstacle that will cause the claim to be dismissed. An attorney will ensure that everything is done correctly and in time.
Saving Time and Costs
Although it may seem that consulting with an attorney costs money, in practice it saves you considerable time, emotional stress, and unnecessary legal costs. An attorney knows which steps you need to take and which steps are unnecessary.
Frequently Asked Questions About Claims Against the Ministry of Defense
Why Choose Mendelboim, Gor, Witzman-Gor & Co. for a Claim Against the Ministry of Defense?
Mendelboim, Gor, Witzman-Gor & Co. is a law firm with attorneys specializing in tort law, with over 18 years of experience in representing claimants in complex claims against the Ministry of Defense, government ministries, and traffic and workplace accidents. Here's why we are the right choice for you:
- Deep Experience in Tort Law: We specialize exclusively in representing claimants, which means we are fully accountable to you and do not divide our representation between different parties. Our experience since 2008 enables us to understand all aspects of claims against the Ministry of Defense.
- Personal and Dedicated Approach: We believe that every claimant has a unique case requiring individual attention. We do not handle claims in bulk; rather, we treat each claimant individually.
- Free Legal Consultation: Your initial consultation with us is free of charge. You can ask any questions and receive a preliminary assessment of your case with no obligation whatsoever.
- Convenient Location: Our office is located at two convenient locations in Israel—Ramat Gan and Petah Tikva—to make it easier for you to access us.
If you have suffered damage as a result of an action or omission by the Ministry of Defense, you are entitled to compensation. We are here to help you obtain the compensation you deserve.
Get Free Legal Advice Now
If you need assistance with a claim against the Ministry of Defense, contact us today. Your initial consultation is free, with no obligation.
Leave your details — we’ll get back to you
We’ll respond within 24 hours