Nursing Care Claims Attorney in Ramat Gan

Nursing Care Claims — What They Are and How We Help

A nursing care claim is a legal action filed by a traffic accident victim or work accident victim who has been injured and requires medical care and daily treatment. When a person is injured in or near a work setting as a result of an accident, they are entitled to file a claim for nursing care expenses, meaning all treatment costs, medical care, medications, doctor visits and clinic visits, as well as compensation for additional damages incurred — loss of earning capacity, pain and suffering, loss of enjoyment of life, and any other damages resulting from the injury.

The Mandelbaum, Gor, Witzman-Gor and Partners law firm specializes in representing claimants in tort law since 2008. We represent accident victims in nursing care claims against insurance companies, before National Insurance, and against those responsible for the accident. In every case, we review your rights, file a detailed and substantiated claim, and ensure that you receive the full compensation you deserve.

Why is it Important to Consult with a Specialist Attorney in Nursing Care Claims?

Nursing care claims are complex. They require a deep understanding of tort law, the method of calculating nursing care expenses, medical evaluations, national insurance law, and private insurance law. Insurance companies often attempt to reduce compensation or oppose claims with various arguments. Without legal representation, an injured person may lose important legal rights or settle for inadequate compensation.

Our firm has reviewed hundreds of nursing care claims. We know how to build a strong case, how to present medical evidence convincingly, and how to negotiate with insurance companies or in court. Each case is examined individually, according to the specific circumstances of the accident, the severity of the injury, the type of care required, and the medical treatment plans.

Our Areas of Expertise in Nursing Care Claims

• Traffic Accidents: Nursing care claims following vehicle accidents, personal injury, ongoing bodily harm.
• Work Accidents: Tort claims against employers or third parties, concurrent with National Insurance claims.
• Medical Malpractice: Nursing care claims arising from improper medical treatment or medical errors.
• Claims Against Insurance Companies: Negotiation, filing and litigation of tort claims against insurance companies.
• National Insurance Claims: Representation before the National Insurance Institute, before medical committees, and appeals of decisions.

How is a Nursing Care Claim Calculated?

The calculation of a nursing care claim includes several components. First, actual nursing care expenses are determined — any costs incurred by the injured party for medical treatment, medications, specialist consultations, physiotherapy treatment, and if necessary — wages for a personal assistant or nursing aide. Second, compensation for non-pecuniary damages is established: pain and suffering, loss of earning capacity, diminished enjoyment of life, and impact on quality of life.

Typically, the assessment of compensation is based on medical expert opinions, evaluations from healthcare professionals (physiotherapists, clinicians), and court rulings in similar cases. Each case is unique, and the amount of compensation depends on the severity of the injury, the age of the injured party, the type of treatment required, and the injured party's life expectancy.

Stages of the Legal Process in a Nursing Care Claim

When you contact us, we conduct an initial review of your case: we listen to the account of the accident, examine medical documents, identify the responsible parties, and determine the best course of action to protect your rights.

Stage 1 — Filing a Claim: Following the initial review, we file a formal claim against the defendant (insurance company, employers, or third parties). The claim is supported by medical evidence, expense accounts, and legal arguments.

Stage 2 — Negotiation: Often, negotiations take place between the parties before court proceedings. We conduct negotiations on your behalf, ensuring you receive a fair offer.

Stage 3 — Court (if necessary): If no settlement is reached, we present arguments in court. We present evidence, medical research, expert opinions, and advocate for your rights before the judge.

Stage 4 — Enforcement: After obtaining a judgment or settlement, we assist in enforcing the judgment and collecting the funds.

What is National Insurance and a Nursing Care Claim Under It?

National Insurance provides basic benefits for victims of work accidents and traffic accidents — medical coverage, allowances, and disability pensions. However, the pension amount from National Insurance is often insufficient to cover all actual nursing care expenses. Therefore, injured parties may file an additional tort claim against the party responsible for the accident (vehicle that hit them, employers, etc.). In such a claim, they may demand compensation for all nursing care expenses not covered by National Insurance.

Comparison: Nursing Care Claim vs. Other Tort Claims

A nursing care claim is a special type of tort claim, but it differs from other personal injury claims. While a regular personal injury claim may focus solely on pain and suffering, a nursing care claim focuses on actual nursing expenses — all money spent or to be spent on medical treatment, medications, medical consultations, physiotherapy, and wages for a personal caregiver if required.

The key point: A nursing care claim and a national insurance claim are not mutually exclusive. A victim can file both — a national insurance claim for basic allowances, and a tort claim (including a nursing care claim) against the responsible party. Generally, amounts received from national insurance will not be deducted from the tort claim.

Cases Where a Nursing Care Claim is Relevant

A nursing care claim may be relevant in many scenarios. Here are some real-life examples:

Case 1: Traffic Accident with Prolonged Injury

A resident of Ramat Gan was injured in a traffic accident and suffered severe spinal cord injury. He requires weekly physiotherapy treatment, pain medication, and regular visits to a neurologist specialist. These expenses accumulate over months or years. In a nursing care claim, the injured party can seek compensation for all these expenses, in addition to compensation for pain and suffering and loss of earning capacity.

Case 2: Work Accident Requiring Personal Care Assistant

An employee from Ramat Gan was injured in a work accident and lost part of his ability to care for himself in daily activities. He requires a personal care assistant to help him with dressing, bathing, meal preparation, and other activities. The personal care assistant's salary is a significant expense and can be claimed as part of the nursing care claim.

Case 3: Medical Negligence Resulting in Need for Prolonged Treatment

A patient who underwent surgery in error or received improper treatment and now requires prolonged corrective treatment. The costs of corrective treatment can be substantial, and a nursing care claim can cover them.

Case 4: Permanent Disability and Lifelong Care

In some serious cases, the injured party suffers from permanent disability and requires medical care and nursing for life. In such a claim, it is necessary to calculate nursing care expenses for the lifetime, in accordance with the injured party's life expectancy.