Nursing Care Claim in Ramat Gan – Comprehensive Explanation and Legal Advice

What is a Nursing Care Claim? A Complete Explanation

A nursing care claim is a legal claim filed by injured parties who have suffered harm in an accident or due to negligence and require permanent or temporary nursing care as a result of their injury. Nursing care compensation is the financial payment that the injured party is entitled to receive for actual nursing care costs and for damages resulting from the need for nursing care. This is a very important component in tort claims, particularly in severe traffic accidents, workplace accidents, and medical malpractice.

In Israel, an injured party requiring nursing care is entitled to claim compensation at two levels: first, under the National Insurance Law (through the Rehabilitation Fund), and second, in a civil claim against the responsible party (driver, employer, insurer, physician, etc.). Nursing care compensation can be very substantial, as it is calculated based on actual nursing care needs, the expected duration of care, and also based on the psychological and social damages resulting from the need for nursing care.

Who is Entitled to a Nursing Care Claim?

Any person injured in an accident or due to negligence who currently requires or will require permanent or temporary nursing care in the future is entitled to file a nursing care claim. This includes:

• Traffic accident victims — drivers, passengers, pedestrians, cyclists injured in an accident where fault was not theirs (or partial fault).
• Workplace accident victims — employees injured in a workplace accident who have sustained complications requiring nursing care.
• Victims of medical malpractice — patients injured as a result of deficient medical treatment or misdiagnosis.
• Victims of public negligence — a person injured as a result of negligence by a public authority, institution, or private entity.

The central point is that there is an actual need for nursing care, and the care results directly from the injury or damage sustained. Even if the injured party has not yet received care but is expected to need it in the future (for example, after corrective surgery), they are entitled to file a claim for future nursing care.

Difference Between Nursing Care Compensation and Other Damages

It is important to clarify: nursing care compensation is a separate component of a claim and is not part of other damages such as bodily injury, loss of earning capacity, or psychological suffering. Each is calculated separately:

• Nursing care compensation — actual and future nursing care costs.
• Bodily injury damages — compensation for disability, impairment of bodily function, and reduced quality of life.
• Loss of earning capacity — loss of income due to inability to work.
• Psychological suffering — compensation for pain, fear, depression, or resulting psychological issues.

Each component is calculated separately, and the total compensation amount is the sum of all components together.

How is a nursing allowance calculated?

The calculation of a nursing allowance is based on several legal and statutory parameters:

1. Actual nursing costs

The injured party must prove the nursing costs they have already paid or are expected to pay in the future. This includes nursing care wages for a caregiver or personal attendant (hourly or monthly), costs of nursing facilities, nursing homes, day centers, and medications and medical equipment related to nursing care. Every cost must be documented with receipts, invoices, or certified statements.

2. Expected duration

The court assesses how long the injured party will require nursing care. This can be a specific period (for example, 6 months) or lifetime, depending on the severity of the injury and the age of the injured party. This duration is multiplied by the monthly or annual nursing care cost to reach a total amount.

3. Medical evaluation

Typically, the court relies on a medical report from a specialist physician who evaluates the injured party's nursing needs. The report indicates how many hours of nursing care per day are required, what type of care is needed (full-time nursing, partial nursing, supervision only), and how the needs are expected to change over time.

4. Age of the injured party and life expectancy

The age of the injured party and the assessment of their life expectancy affect the duration of the nursing care period. A young injured party in an accident who will require nursing care for decades will receive significantly higher compensation than an elderly injured party expected to require care for only a few years.

5. Economic and social conditions

The court may also consider the injured party's social situation, their family, and their ability to receive care within the family or from friends. If the injured party relies on professional nursing care due to lack of family or due to the complexity of their needs, this may increase the compensation.