Lawsuit Against the Ministry of Defense for Service Disruption in Ramat Gan

What is Breach of Service and When Are You Entitled to Sue the Ministry of Defense?

Breach of service is a legal cause of action that allows a claimant to file a damages lawsuit against public bodies, including the Ministry of Defense, when the public body fails to provide a service it is legally obligated to provide or provides it in a defective manner. Unlike classical negligence-based damages lawsuits or intentional tort claims, a breach of service claim focuses on the legal duty of the public body to provide adequate service to the public or to a specific individual.

The Ministry of Defense, like all public bodies in Israel, is subject to legal obligations to provide service at a reasonable standard. When the Ministry of Defense or its security agencies fail to meet these obligations—whether through neglect, lack of coordination, unreasonable delay, or failure to provide service—a legal basis for a claim may arise. Such a claim can be particularly complex given that the Ministry of Defense deals with matters of national security, but this does not grant it absolute legal immunity.

In Ramat Gan and throughout the central region, many claimants have approached us with complaints of breach of service by various public agencies. Our extensive experience since 2008 in tort law and national insurance enables us to understand the complexities of such claims and guide claimants through the appropriate legal path.

Types of Breach of Service That Can Lead to a Claim Against the Ministry of Defense

Breach of service can manifest in various ways. Some of them include:

• Failure to provide service: The Ministry of Defense or a unit within it fails to provide a service that it is legally required to provide by law or regulations. For example, failure to provide medical treatment in a timely manner, failure to provide compensation to victims of security-related accidents, or failure to perform required safety inspections.
• Defective service provision: The service is provided but in a defective or incomplete manner. For example, irregular medical care, incorrect legal advice, or mismanagement of a national insurance claim.
• Unreasonable delay: Although the service is ultimately provided, the delay in its delivery has caused damage. Example: delays in the compensation process or in recognition of entitlement to benefits.
• Breach of safety standards: The Ministry of Defense or security agencies have failed to comply with required safety standards, resulting in injury to a person's body or property.
• Lack of coordination between agencies: When the Ministry of Defense is supposed to coordinate with other bodies (hospitals, other government ministries) but fails to do so, causing damage.

Conditions That Must Be Met to Successfully File a Claim

For a claim based on breach of service to have a reasonable chance of success, several conditions must be met. First, it must be proven that there is a legal duty on the Ministry of Defense to provide a certain service. This duty may be explicitly stated in law, regulations, legal directives, or even derived from established legal principles of justice and reasonableness.

Second, it must be proven that the Ministry of Defense breached this duty. This can occur through failure to provide a service, provision of defective service, or unreasonable delay.

Third, it must be proven that the breach of duty caused actual damage. The damage may be financial (medical expenses, loss of income), physical (bodily injury), psychological, or even property damage.

Fourth, there must be a direct causal link between the breach of duty and the damage caused. If multiple factors contributed to the damage, this may complicate the claim, but does not necessarily invalidate it.

As with any legal claim, strong evidence is required—documents, testimony, medical reports, official notices—that will support the plaintiff's claims.

Claims Process Against the Ministry of Defense — Practical Steps

When you decide to file a claim against the Ministry of Defense based on failure in service, the process includes several important steps. Understanding these steps can help you prepare mentally and physically for the proceedings and also understand how long the process may take.

Step 1: Initial Legal Consultation and Claim Assessment

At this stage, you meet with an attorney specializing in torts and national insurance. You tell your story in detail, focusing on the timeline, causative factors, and the damage incurred. The attorney asks investigative questions to understand the full context, your relationship with the Ministry of Defense, and the nature of the service that was not provided properly.

The attorney then assesses the strength of the claim. This includes an initial examination of legal questions (Is there a clear legal duty? Can the breach be proven?), factual (Is there evidence?), and financial (Is the damage quantifiable?). The attorney also explains the likelihood of success, expected compensation ranges (if any), and the costs of the proceedings.

At this stage, the attorney may request that you bring additional documents — medical reports, letters, invoices, and written statements.

Step 2: Evidence Collection and Complete Documentation

After you decide to proceed with the claim, the attorney will help you gather all relevant evidence. This includes:

• Medical reports and complete medical documentation (if the damage is physical or medical)
• Letters, reports, and official materials from the Ministry of Defense
• Safety reports, inspections, or relevant assessments
• Financial documentation (receipts, invoices, proof of expenses)
• Written statements from witnesses if available
• Police reports or other government agency reports if relevant

If the Ministry of Defense or other entities have not provided documents, the attorney may file a request under the Freedom of Information Law to obtain these documents. This can add time, but it is essential for a strong case.

Step 3: Preparation of the Statement of Claim

Based on the evidence collected, the attorney prepares a detailed statement of claim. This statement includes:

• Complete description of the facts — what happened, when, where, and who were the responsible parties
• Legal explanation of the cause of action (failure in service) and its legal basis
• Analysis of how the Ministry of Defense breached its duties
• Detailed description of the damage incurred, with financial assessment
• Arguments regarding causation — how the breach of duty directly led to the damage
• Assessment of the compensation sought, differentiated among various damages (medical, financial, emotional, etc.)
• Attachment of supporting documents and evidence

The statement of claim must be drafted clearly, persuasively, and in accordance with procedural rules, as it is the first thing the court reads.

Step 4: Filing the Claim with the Court

The statement of claim is filed with the competent court. In claims against public entities such as the Ministry of Defense, this is usually a court of law or district court, depending on the claim amount and complexity. The attorney handles all technical procedures — filing in the proper manner, schedules, and court fees.

Step 5: Service of the Statement of Claim on the Ministry of Defense

After the lawsuit is filed, the Ministry of Defense must be served. Typically, an attorney representing the Ministry of Defense (often a government legal company or private firm) receives a copy of the statement of claim. The Ministry of Defense must file a response within a specified timeframe (usually 30–45 days, depending on the court type).

Stage 6: Ministry of Defense Response and Discovery of Evidence

The Ministry of Defense files a response in which it presents its position. In this response, it may contest facts, argue that there was no legal duty, or that the duty was not breached, or that there is no causal connection between the breach and the damage. At this stage, the discovery process also begins — both parties must exchange relevant documents with each other.

Discovery can be a protracted process, especially when dealing with large public bodies such as the Ministry of Defense, which have extensive archives.

Stage 7: Court Proceedings and/or Negotiation

After discovery is completed, there is typically a pre-trial hearing before the court. In this hearing, both parties briefly present their arguments, and the judge may attempt to guide the parties toward a settlement. In many lawsuits against public entities, there is an attempt to reach a settlement to avoid lengthy litigation.

If a settlement is possible, your attorney will participate in discussions, mediate between your claims and those of the Ministry of Defense, and help reach a fair agreement. If no settlement is reached, the case proceeds to full trial.

Stage 8: Full Trial (if necessary)

In a full trial, both parties present evidence — documents, witnesses, expert opinions. This may span several hearings. Your attorney will cross-examine witnesses, present legal arguments, and protect your rights throughout the process.

Stage 9: Judgment or Final Settlement

At the conclusion of the proceedings, the court issues a judgment or the parties reach a final settlement. If a judgment requires the Ministry of Defense to pay compensation, there is a period for enforcement (typically 30 days). If there is a settlement, it must be executed according to its terms.

If you or the Ministry of Defense disagree with the judgment, you may appeal to a higher court, but this involves an additional procedure and stricter legal conditions.

Compensation Ranges and Factors Affecting the Claim Amount

When it comes to a claim based on breach of service against the Ministry of Defense, the compensation amount depends on many factors. There is no fixed formula, and each case is examined individually by the court. However, there are several general principles that help assess compensation.

Types of Damages Eligible for Compensation

Economic Damages (Actual Damages): These are damages that can be proven with financial precision — actual medical expenses, medications, surgeries, physiotherapy treatment, transportation costs for treatment, loss of income due to inability to work. Generally, courts accept these damages relatively easily, provided there is financial evidence (receipts, invoices, medical certificates).

Non-Economic Damages (Non-Tangible Damages): These include pain and suffering, loss of earning capacity, reduction in quality of life, psychological or emotional harm. These damages are more difficult to prove and require discretionary assessment by the court. Typically, the court uses reference points — similar past cases, ranges established in case law — to assess a reasonable amount.

Factors Affecting the Compensation Amount

Severity of the injury: How serious was the injury? If it resulted in permanent disability, significant loss of earning capacity, or substantial physical or psychological suffering — the compensation will be higher. Conversely, if the damage is minor and temporary, the compensation will be lower.

Age of the claimant: A younger age involves a long period of future suffering, and therefore higher compensation. Older age may involve lower compensation, but this depends on circumstances.

Family status and personal relationships: Does the claimant support a family? Are there spouses or children who were indirectly affected by the damage? This can affect compensation.

Degree of fault of the Ministry of Defense: Is it mere negligence, or is there a degree of intentional act or gross negligence? If the negligence is gross, the court may award higher compensation to punish and deter.

Typical compensation ranges: In breach of service claims against public entities, compensation typically ranges from tens of thousands of shekels (in minor cases) to hundreds of thousands of shekels (in serious cases). In cases of permanent disability or severe suffering, compensation can reach millions. However, this depends heavily on the facts and current case law.

Personal Assessment of Compensation in Your Claim

To assess the compensation you may be entitled to in your claim against the Ministry of Defense, your attorney will examine:

• How much actual financial expenses do you have (and if there is evidence)?
• How long did the damage last and to what extent does it affect your life?
• Is there loss of earning capacity or work limitation?
• What is the court's approach in similar claims?
• Are there aggravating factors (gross negligence) or mitigating factors?

Your attorney will provide you with a reasonable estimate of the expected compensation range, but this cannot be 100% accurate until the court decides or a settlement is reached.

Why Choose Mandelboyim, Gor, and Witzman-Gor & Co. for Your Claim Against the Ministry of Defense?

When you choose a lawyer to represent you in a lawsuit against the Ministry of Defense, you need someone with deep experience in tort law, an understanding of the National Insurance system, and the ability to navigate a large and complex government body. The law firm Mandelboyim, Gor, and Witzman-Gor & Co. offers precisely that.

Experience Since 2008: The firm was founded in 2008 by Attorney Keren Mandelboyim, who possesses extensive experience in tort law and claims against public entities. Over the past 18 years, the firm has represented hundreds of claimants in complex litigation, including claims against government ministries and public bodies.

Representation of Claimants Only: Mandelboyim law firm specializes exclusively in representing claimants in tort law matters. This means we do not represent government bodies or ministries — we are always on your side. This ensures there is no conflict of interest and that we are fully committed to your benefit.

Personal and Dedicated Counsel: Each case is handled on a personal basis. You are not a case number or a file code — you are a person who has experienced a difficult situation and deserve personal and dedicated representation. Your attorney will listen to you, understand your circumstances, and work diligently to achieve the best possible outcome for you.

Free Initial Consultation: We believe that everyone should be able to speak with an attorney without fear of costs. Therefore, we offer a free initial consultation. In this meeting, you can tell us your story, ask questions, and understand your options.

Located in Ramat Gan: Our office is located in Ramat Gan, at Donash 1. We serve claimants in Ramat Gan, Petah Tikva, and throughout the central region. You can easily reach us for face-to-face meetings.

If you are seeking reliable, experienced, and personal legal representation for your claim against the Ministry of Defense or any other public body, we are here to help.