Pedestrian Compensation in a Traffic Accident in Ramat Gan

Pedestrian Compensation in a Traffic Accident – Your Legal Rights

A traffic accident involving an injured pedestrian is among the most serious cases in the field of tort law. A pedestrian, unlike a vehicle driver, lacks physical protection measures, and therefore the bodily injuries they suffer are often significant and life-altering. When a pedestrian is injured in an accident caused by the negligence of a driver or public entity, they have a strong legal right to file a claim for full monetary compensation for all damages incurred.

In a traffic accident involving an injured pedestrian, compensation may include a wide range of components: direct bodily injuries (such as fractures, wounds, and bruises), prolonged medical treatment, examination and surgical expenses, loss of income during recovery, future damage (long-term loss of earning capacity), pain and suffering, and impairment of daily life. All of these are recognized legal components for which Israeli courts grant full compensation.

The Mendelboum, Gor, and Witzman-Gor Law Firm, with over 18 years of experience representing claimants in tort cases, specializes in claims filed by pedestrians injured in traffic accidents. We understand the complexity of such cases and the need for professional and dedicated legal representation. Our office in Ramat Gan is located at Donesh 1, and we offer the first consultation meeting free of charge to every accident victim.

What is Pedestrian Compensation in a Traffic Accident?

Pedestrian compensation in a traffic accident is a sum of money determined by a court or agreed upon with the insurance company of the responsible driver. The compensation is intended to cover all damages sustained by the victim as a direct result of the accident. Contrary to common misconception, this compensation is not limited to national insurance alone but constitutes an independent tort claim based on Israeli tort law.

When a pedestrian is injured in an accident caused by the negligence of a third party (driver, public entity, transportation company, etc.), they may file a compensation claim under the Torts Law. This compensation is typically divided into two main categories: compensation for economic damages (medical expenses, loss of income, future treatment costs) and compensation for non-economic damages (pain and suffering, impairment of sense of security, disruption of daily life).

What are the Components of Compensation in a Pedestrian Traffic Accident?

• Medical and Treatment Expenses: All medical expenses incurred as a result of the accident, including surgeries, hospitalization, rehabilitation treatment, psychological treatment, and ongoing medical treatments.
• Loss of Income: Income lost during the injury and recovery period. Additionally, if the injury results in long-term loss of earning capacity, the pedestrian is entitled to compensation for future loss of income.
• Pain and Suffering: Compensation for the physical and mental pain experienced by the victim as a result of the accident and recovery. This amount is determined in accordance with the severity of the injury and the duration of recovery.
• Impairment of Earning Capacity: If the accident results in permanent loss of earning capacity, the victim is entitled to compensation based on the percentage of disability determined by a medical committee.
• Future Expenses: Medical, rehabilitation, or therapeutic expenses expected to be necessary in the future as a result of the injury.
• Impairment of Sense of Security and Daily Life: Compensation for impairment of social, family, and leisure life, such as inability to participate in activities the victim engaged in before the accident.

The Compensation Claim Process – From Accident to Settlement or Court Judgment

The process of filing a compensation claim by a pedestrian injured in a traffic accident includes several important stages. Understanding these stages helps the injured party prepare and make informed decisions throughout the process.

Stage 1: Evidence Collection and Medical Documentation

Immediately after the accident, it is important to gather all relevant information: witness names, details of the vehicle driver, vehicle license plate number, accident location, and road conditions. Additionally, request a police report (if filed) and photographs of damage to the vehicle and the injured party's body. From a medical perspective, it is essential to seek medical examination immediately, even if the injured party feels well. The medical documentation should record all injuries, all damages and pain, and any necessary treatment. This documentation will serve as crucial evidence in the subsequent claim.

Stage 2: Contact with Insurance Company

When a pedestrian is injured in a traffic accident, the liable driver's insurance company is the first entity to contact. In the past, such claims were also filed with the National Insurance Institute, but in recent times the National Insurance system has worked to limit certain types of claims. Nevertheless, eligibility for National Insurance should be checked simultaneously. The driver's insurance company will examine the driver's liability and the extent of damages, and will offer a monetary settlement. However, an initial offer from the insurance company is often lower than the full compensation to which the injured party is entitled, which is why it is important to be represented by an experienced attorney.

Stage 3: Medical Evaluation and Legal Report

In a claim for bodily injury damages, a detailed medical report is often required that describes the injury, expected recovery, and the impact of the injury on work capacity. In cases of significant damages, there may be a need for an assessment by a medical committee (a panel of physicians authorized by the court) to determine the percentage of disability of the injured party. This report is essential for determining the amount of compensation for non-pecuniary damages.

Stage 4: Negotiation with Insurance Company

After collecting all evidence and medical reports, your attorney will begin negotiations with the insurance company. During these negotiations, all evidence, medical reports, and financial damage assessments will be presented. The insurance company may offer a settlement by agreement, or may contest the claim with various arguments. These negotiations may last several months, depending on the complexity of the case and the insurance company's position.

Stage 5: Filing a Lawsuit in Court

If no settlement is reached with the insurance company, your attorney will file a formal lawsuit in court. At this stage, the claim will be heard before a judge, who will examine all evidence and decide on the compensation amount. In this process, oral testimony may be required, presentation of additional documents, and participation in court proceedings.

Stage 6: Court Judgment or Final Settlement

At the conclusion of the process, the court will issue a judgment determining the compensation amount, or a settlement will be reached between the parties. In any case, the injured party will receive the compensation owed to them. It is important to note that Israeli court judgments on pedestrian compensation in traffic accidents are generally significantly higher than initial offers from insurance companies.

Why Is It Important to Be Represented by an Attorney?

A compensation claim process is complex and requires deep legal knowledge. Insurance companies employ strong legal teams to argue their positions, so the injured party should be represented equally. An experienced attorney in tort claims will ensure that all evidence is properly collected, all damages are properly documented, and no amount is omitted from the claim. Additionally, an attorney will be able to compare different insurance company offers and conduct effective negotiations to achieve the highest possible compensation.

Typical Compensation Ranges in Pedestrian Traffic Accidents

Compensation amounts in claims by pedestrians injured in traffic accidents vary depending on the severity of the injury, the age of the injured party, their income status, and the long-term consequences of the injury. Below is a table presenting typical compensation ranges in various scenarios:

Important to note: The ranges above are general estimates only, and each case is examined individually. The actual compensation amount depends on the specific details of the case, including the age of the injured party, their income, the nature of the injury, duration of recovery, and the extent of future damages. Additionally, Israeli court rulings on this matter tend to award amounts higher than initial offers from insurance companies, which is why an experienced attorney can significantly influence the final outcome.

Compensation Calculation Formula in Personal Injury Claims

In claims for compensation for bodily injury in traffic accidents, Israeli courts use an established and well-known formula for calculating compensation. This formula divides the compensation into different components, each calculated according to specific criteria.

Compensation Components

1. Compensation for Pain and Suffering: This is the main non-economic component of the claim. Compensation for pain and suffering is calculated according to the severity of the injury and the duration of recovery. Courts use fixed tables (known as "pain and suffering compensation tables") that indicate recommended amounts for various types of injuries. For example, a single bone fracture may be entitled to compensation of tens of thousands of shekels, while a serious injury to the brain or spinal cord may be entitled to compensation of hundreds of thousands or more.

2. Compensation for Loss of Earning Capacity: If the injury causes a permanent reduction in the victim's earning capacity, they are entitled to compensation based on the percentage of disability determined by a medical committee. The formula for calculating this compensation is: (average annual income) × (percentage of disability) × (number of years expected to work until retirement). For example, if the victim is 40 years old and sustained an injury causing 20% disability, they would be entitled to compensation for loss of earning capacity for a period of 25 years (until estimated retirement age).

3. Compensation for Medical Expenses: This is an economic component that includes all expenses incurred for medical treatment, surgeries, medications, rehabilitation treatment, and psychological treatment. This component is based on evidence of actual expenses, so it is important to keep all invoices and medical records.

4. Compensation for Past Loss of Income: This is the amount of income lost while the victim was injured and during the recovery period. This calculation is based on the victim's income before the accident and the length of time they were unable to work.

5. Compensation for Future Expenses: If future medical or rehabilitation expenses are anticipated, the victim is entitled to compensation for these expenses. This calculation requires professional medical assessment of the anticipated expenses.