Pain and Suffering Guide — How to Assess Compensation for Non-Pecuniary Damages

What is Pain and Suffering and Why is it Important in Tort Claims?

Pain and suffering is one of the primary non-pecuniary damages that an injured party is entitled to recover in a tort claim. Unlike pecuniary damages such as medical expenses or loss of income, pain and suffering reflects the physical and psychological suffering you have endured as a result of the injury. It cannot be measured directly like a bank account, but Israeli courts have developed a structured system for assessing this compensation based on case precedent and guidance tables.

In traffic accidents, workplace accidents, public negligence, and insurance claims, pain and suffering often constitutes the largest portion of the total compensation amount. Particularly in serious injuries, pain and suffering compensation can reach tens of thousands of shekels or even more, depending on the severity of the injury, duration of suffering, and long-term consequences on quality of life.

To protect your rights and achieve fair compensation, it is important to understand how courts assess pain and suffering. On this page, we will review the main parameters, the approach of the courts, examples of compensation ranges, and how Mendelovits, Gur, Witzman-Gur and Partners Law Offices helps injured parties obtain fair compensation for pain and suffering.

What are the Main Parameters for Assessing Pain and Suffering?

Israeli courts use several important parameters to assess pain and suffering:

1. Severity of the Injury

This is one of the most significant factors. A minor injury causing pain for a short period will receive much lower compensation than a serious injury causing permanent disability. For example, a bone fracture healed within weeks is assessed differently from a spinal cord injury causing paralysis or partial paralysis.

2. Duration of Suffering

How long have you suffered from pain? Is it weeks, months, or years? Prolonged suffering significantly impacts the amount of compensation. Severe pain lasting several years receives higher weighting than temporary pain.

3. Impact on Quality of Life

Courts consider how the injury affected your ability to perform daily activities, work, social activities, and leisure. If the injury significantly limited you, the compensation will be higher.

4. Medical Treatment and Recovery

The type and scope of treatment you received also has an impact. Surgeries, prolonged physiotherapy, medications, and neurological treatment — all of these attest to the severity of your injury and pain and suffering.

5. Age of the Injured Party

In minors and children, compensation for pain and suffering can be higher due to long-term impact on entire lives. An elderly person suffering from pain for a year or two is assessed differently from a child who will live with the injury for decades.

6. Nature of the Disability (if it exists)

If the injury resulted in permanent disability (percentage of disability), this dramatically affects the amount of compensation. Disability affects work, self-care, and social life, so compensation will be more substantial.

How Do Courts in Israel Assess Compensation Amount?

In Israel, courts use a structured approach to assess pain and suffering. There is no simple mathematical formula, but there are guidance tables and case precedent that courts follow.

The Supreme Court Guidelines Table

In recent times, Israeli courts adopt an approach based on guidance tables established by important court rulings. These tables offer compensation ranges according to the type and severity of injury. For example, a simple bone fracture is assessed within a certain range, while spinal cord injury is assessed in a much higher range.

The judge examines the specific details of your case (severity, duration, impact on life) and compares it to existing precedents. This means no two claims are identical — each case is examined on its own merits according to evidence and relevant precedents.

The Role of the Medical Expert Report

A professional medical report is very important. The doctor who examined you prepares a report detailing the injury, medical consequences, treatment provided, and medical assessment of pain and suffering. This report serves as a factual basis on which the court relies. Therefore, it is important that you undergo a thorough medical examination and obtain a detailed report.

The Role of the Claimant's Testimony

As the claimant's testimony (yourself), you can testify about the pain you suffered, the impact on your life, difficulties performing daily tasks, and any other detail describing your suffering. This testimony complements the medical report and provides the court with a complete picture of your experience.

Typical Pain and Suffering Compensation Ranges — Examples

It is important to emphasize that the following ranges are general estimates only, based on existing judicial precedent. Each case is examined individually, and the actual compensation amount may differ based on specific evidence, location of injury, age of the injured party, and severity of consequences.

Example 1: Bone Fracture (Without Complications)

A bone fracture that heals within 6-12 weeks, without surgery or complications, typically receives pain and suffering compensation in the range of several thousand shekels (usually 8,000–20,000 NIS, depending on severity and location). This reflects the acute pain in the first weeks, but healing is relatively quick and complete.

Example 2: Bone Fracture with Surgery and Prolonged Recovery

A fracture requiring surgery, general anesthesia, hospitalization, and physical therapy for months, with prolonged pain, typically receives higher compensation — in the range of 25,000–60,000 NIS or more. This reflects the complex medical treatment, medical risks, and prolonged pain.

Example 3: Spinal Cord Injury (Without Paralysis)

A spinal cord injury that caused chronic pain, movement difficulties, and prolonged treatment, but without complete paralysis, typically receives substantial compensation — in the range of 100,000–300,000 NIS or more. This reflects the severity of the injury, chronic pain, and dramatic impact on quality of life.

Example 4: Permanent Disability (Following an Accident)

If the injury caused permanent disability (for example, 30% disability), compensation for pain and suffering will be significantly higher — typically in the range of 200,000–500,000 NIS or more, depending on age, impact on work, and life in general. Permanent disability changes life throughout the remaining years.

Example 5: Minor Injury (Contusion, Temporary Muscle Pain)

A minor injury that caused short-term pain (a few days to weeks), without complications or surgery, typically receives lower compensation — in the range of 2,000–8,000 NIS. This reflects short-term pain and rapid recovery.

Important Note: These ranges are general estimates only based on judicial precedent. In practice, each case is unique, and the compensation amount in a court decision or settlement with insurance may differ based on specific details.

Differences Between Pain and Suffering and Other Financial Damages

It is important to understand the difference between pain and suffering and other financial damages in a personal injury claim:

Pain and Suffering (Non-pecuniary Damage)

This is non-pecuniary damage that reflects your physical and emotional suffering. It cannot be measured directly like a bank account, but courts evaluate it based on precedent and parameters. Pain and suffering includes physical pain, feelings of discomfort, anxiety, depression, and impact on quality of life.

Medical Expenses (Pecuniary Damage)

These are actual expenses you paid or will need to pay for medical treatment, medications, physical therapy, etc. These can be measured directly — you present invoices and you will receive compensation in the amount of actual expenses (provided they are reasonable and necessary).

Lost Income (Pecuniary Damage)

If the injury deprived you of the ability to work, you are entitled to compensation for lost income. This is calculated based on your income before the injury, the duration of inability to work, and anticipated future income lost to you.

Future Treatment Expenses (Pecuniary Damage)

If it is expected that you will need medical treatment or care for years (for example, chronic physical therapy), the court can estimate these future expenses and include them in the compensation.

Future Loss of Earning Capacity (Pecuniary Damage)

If the injury affected your ability to earn in the future (for example, due to disability or health limitations), you are entitled to compensation for this loss of earning capacity. This is calculated based on anticipated income you would have had without the injury.

In a comprehensive personal injury claim, you typically receive compensation for all of these together: pain and suffering, actual medical expenses, past and future lost income, future treatment expenses, and future loss of earning capacity. Pain and suffering is often the largest part of the total compensation.

How Mandelboums, Gor, Witzman-Gor and Co. Law Firm Helps Injury Victims Obtain Fair Compensation for Pain and Suffering

At Mandelboums, Gor, Witzman-Gor and Co. Law Firm, specializing exclusively in representing claimants in tort law since 2008, we understand the importance of accurate and reasonable assessment of pain and suffering. Our experience of more than 18 years in this field enables us to identify all relevant factors for compensation evaluation and structure your claim for maximum recovery.

Step 1: Comprehensive Medical Examination

We arrange comprehensive medical examinations with expert physicians familiar with court requirements. The detailed medical report is the foundation of your claim, so it is important that it be accurate, well-documented, and reflect all aspects of your injury.

Step 2: Evidence and Supporting Documentation Collection

We collect all relevant evidence: medical reports, photographs, treatment documentation, witness testimony, and any other documents that strengthen your claim. Strong evidence increases your chances of obtaining higher compensation.

Step 3: Preparation for Your Testimony

We prepare you to testify in court effectively. Your personal testimony about the pain, impact on your life, and difficulties you have endured is critical. We help you present your suffering clearly and persuasively.

Step 4: Determination of Reasonable Compensation Range

Based on judicial precedent, medical reports, and the specifics of your case, we determine a reasonable compensation range that we strive to achieve. We analyze similar cases from the past and use our knowledge to conduct effective negotiations with the insurance company or defendant.

Step 5: Negotiation with Insurance Company or Defendant

In many cases, we reach a settlement with the insurance company or defendant without going to court. Professional negotiation can save time and money while ensuring fair compensation for your pain and suffering.

Step 6: Court Representation (If Required)

If the case reaches court, we represent you at every stage of the proceedings. We file a strong claim, present evidence persuasively, and argue for your rights before the judge.

Ultimately, we strive to ensure that you receive fair compensation for your pain and suffering, in accordance with the severity of the injury, duration of suffering, and its impact on your life.