Nursing Care Claim and High-Degree Care in Petah Tikva

What is a Nursing Care Claim and High-Degree Nursing Care Levels?

A nursing care claim is a legal claim filed by an accident victim (traffic accident, workplace injury, public negligence, or other) who has suffered bodily harm requiring ongoing and prolonged nursing care. Recognition of a high nursing care level means that a court or competent medical committee determines that the victim requires assistance from another person in performing basic daily activities — such as personal hygiene, washing, dressing, grooming, mobility, and nutrition.

Nursing care levels in Israel are divided into different tiers (typically ranging from 1 to 5, depending on the period and judgment date), with high levels (4–5) representing total or near-total dependence on the assistance of others. Recognition of a high level serves as the basis for a substantial monetary claim under tort law, in addition to compensation for bodily injury, loss of earning capacity, and impairment of earning ability.

At the Mandelbaum, Gor, Witzman-Gor & Co. office in Petah Tikva, we represent victims in complex nursing care claims, accompanying them through every stage — from filing a petition to a medical committee, through negotiations with insurance companies and national insurance, to filing a claim in court if necessary.

Who is Entitled to Recognition of High-Level Nursing Care?

Not every accident victim is entitled to recognition of a nursing care level. The primary criterion is dependence on assistance from another person in performing vital activities. Entitlement to a high nursing care level depends on several factors:

• Severity of physical injury: Spinal cord injury, paralysis, severe brain injury, loss of limbs or vision, or other injuries causing substantial dependence on daily care.
• Actual level of dependence: The patient requires constant assistance with feeding, dressing, toilet use, personal hygiene, mobility, or nutrition — not merely partial assistance or relative independence.
• Duration: The dependence must be prolonged, typically for an extended period or for life.
• Type of accident: The injury must be a direct result of a covered accident (traffic, workplace, public negligence, etc.) and not from another cause.
• Medical certification: A qualified certification from a physician or medical committee is required, determining the nursing care level according to legal criteria.

Additionally, it is important to note that entitlement to nursing care compensation is not dependent on the victim's age — a child, young adult, or elderly person is entitled, provided they meet the above criteria.

Process of Recognition of Nursing Care Grade in Petah Tikva

The process of obtaining legal recognition of a high nursing care grade goes through defined stages. Below is an overview of the main steps:

Step 1: Collection of Medical Documentation and Evidence

To prove the need for nursing care, detailed medical documentation must be presented, including medical reports, hospitalization summaries, diagnostic tests (CT, MRI), physiotherapy reports, social worker reports, and any other evidence demonstrating dependence on nursing care. Our office in Petah Tikva assists in compiling this material and creating a strong case file.

Step 2: Submission of Application to Medical Committee

Under National Insurance Law, an application for recognition of nursing care grade is submitted to the medical committee of the National Insurance Institute or the relevant insurance company (depending on the type of insurance). The application includes an official form, medical documentation, and a detailed description of daily needs. Attorney Mandelbaum, Gor, Witzman-Gor and Co. assists in preparing the application for optimal presentation.

Step 3: Medical Committee Examination

The medical committee reviews the documentation and determines the nursing care grade. In some cases, a physical examination of the injured party is conducted. The committee's decision carries significant legal weight, but it is not final — an appeal or lawsuit may be filed in court if the decision is unfair or does not reflect the injured party's condition.

Step 4: Negotiation with Insurance Companies and National Insurance

Following the committee's decision, our office negotiates with the relevant parties (vehicle insurance company, National Insurance, employer, or others) regarding compensation amount. The amount is determined based on the nursing care grade, expected duration of dependence, age of the injured party, actual nursing expenses, and additional legal parameters.

Step 5: Filing a Lawsuit in Court (if necessary)

If a satisfactory settlement is not reached, Attorney Mandelbaum, Gor, Witzman-Gor and Co. in Petah Tikva provides full legal representation in a court lawsuit. At this stage, all evidence, medical testimonies, witness documents, and legal claims are filed in the appropriate legal forum.

Types of Compensation in High-Level Care Claims

When a court or committee recognizes a high level of care, the injured party is entitled to multiple and substantial compensations. Here is an overview of the main types of compensation:

Compensation for Actual Care Expenses

This is the central compensation in care claims. It reflects the patient's expenses for nursing care services, including nursing staff wages, nursing home or care unit costs, nursing materials, medications, and related medical treatments. These expenses are calculated based on an expected period (usually until a certain age or for life, depending on medical assessment).

Compensation for Loss of Earning Capacity

If the injured party was employed and as a result of the injury lost the ability to earn income, they are entitled to compensation for the lost income. This compensation is calculated based on their income before the accident and the period of lost earning capacity (usually until retirement age).

Compensation for Impairment of Future Earning Capacity

Even if the injured party returns to work partially, they may receive compensation for damage to their future earning capacity—that is, the difference between what they could have earned without the injury and what they can now earn.

Compensation for Physical and Mental Suffering

This compensation is awarded for pain, suffering, anxiety, depression, or psychological injury resulting from the accident and the high level of care required. The amount varies depending on the severity of the psychological injury and legal parameters.

Compensation for Loss of Enjoyment of Life

This compensation reflects the impairment of quality of life—inability to move freely, participate in social activities, entertainment, sports, or rehabilitation. This is a non-pecuniary injury, but the court determines a monetary amount as compensation.

Compensation for Medical and Rehabilitation Expenses

Expenses for medical examinations, treatments, medications, medical equipment, physiotherapy rehabilitation, and any medical expense related to the injury.

Compensation for Tax Deduction Loss on Income

In some cases, the injured party is entitled to compensation for tax deductions on their income that they would have been obligated to pay without the injury.

It is important to emphasize: the final compensation amount depends on the specific case—the injured party's age, severity of injury, expected duration of care, income before the accident, degree of fault of the other party, and additional legal factors. Our Petach Tikva office conducts precise calculations according to your case data.

Comparison of Care Grades and Compensation Ranges

Below is a table reflecting the common care grades in Israel, a description of needs at each grade, and a typical compensation range. It is important to note that these ranges are guidelines only — each case is examined individually and according to its specific circumstances.

* The ranges presented are guidelines only and reflect trends in Israeli case law. The actual compensation depends on the age of the claimant, expected duration of care, previous income, degree of fault of the other party, and additional legal factors. Our firm performs accurate calculations according to the specific data of each case.

Why Choose Mandelbom, Gor, Witzman-Gor & Co. in Petach Tikva?

In complex nursing care claims, the choice of the right attorney can significantly impact the outcome of the claim and the amount of compensation. The law firm Mandelbom, Gor, Witzman-Gor & Co. offers several advantages:

• Over 18 Years of Experience: Our firm was founded in 2008 by Attorney Keren Mandelbom and has since represented dozens of injured parties in nursing care claims, National Insurance and complex tort matters. Our experience reflects a deep understanding of Israeli tort law and evolving case law.
• Representation of Claimants Only: Unlike other firms, we represent claimants only — not insurance companies or employers. This means our interest is entirely aligned with the injured party, with no conflicts of interest.
• Personal and Dedicated Approach: A boutique family firm means every client receives personal attention. We do not handle dozens of cases simultaneously; we allocate time and resources to each case.
• First Consultation Free of Charge: We believe every injured party deserves an opportunity to understand their rights. In the first meeting, we evaluate the case, explain options and costs, and guide the client through the process without charging until they are confident.
• Complete Transparency: We explain every step of the process, every legal decision, and every insurance company offer. There are no surprises or hidden information.
• Close to You: Our office is located in Petach Tikva (Yoni Netanyahu 8), so you can attend meetings conveniently. We also serve clients from Ramat Gan, Modiin, Kfar Saba, Petach Tikva, and the central region as a whole.