Minor Personal Injury Claim Guide

What is a Minor Personal Injury Claim and Why is it Essential

A minor personal injury claim is a legal procedure designed to restore financial damages to an injured child following harm to their body, property, or rights. When a minor (a person under the age of 18) is injured in a traffic accident, work accident, public negligence, or any act or omission that caused damage, they have a legal right to file a claim in court. However, this procedure differs significantly from an adult claim, as the minor cannot represent themselves in court and requires special legal protection.

The minor is entitled to compensation for bodily injury damages (pain and suffering, medical expenses, loss of future earning capacity, permanent disability), property damages, and in certain cases additional damages such as interference with education or loss of enjoyment of life. Unlike adults, minors have special legal rights reflected in special conditions for claims, legal protections, and a different level of compensation.

Our firm, Mandelbaum, Gor, Witzman-Gor and Co., specializes in representing claimants only in personal injury claims, particularly in representing injured minors. With over 18 years of experience in this field, we guide families through the complex process of personal injury claims, from the initial filing stage to achieving fair compensation for the minor.

Who Can File a Personal Injury Claim for a Minor

The person with legal authority to file a claim on behalf of a minor is the parent or legal guardian of the minor. Typically, this is one or both parents, in accordance with the legal child protection arrangements. In cases where there are no parents or they are unable to act, the court may appoint a special guardian to manage the claim.

It is important to note that the minor themselves cannot file a claim on their own in court, but they have a legal right to claim. The parent or guardian acts as the legal representative of the minor and must act solely in the minor's best interest. The court supervises the process to ensure that the claim is conducted in the minor's interest and not for the benefit of their parents or other parties.

When it comes to a personal injury claim, we must prove that the minor suffered damage as a result of an act or omission by another party that bears legal responsibility. This may be a driver who caused an accident, an employer who failed to maintain safety, or a service provider who was negligent. The claim is filed in the name of the minor, and they are the holder of the right to compensation.

Legal Rights of a Minor in a Personal Injury Claim

A minor who has been harmed has unique legal rights protected by Israeli law. First and foremost, a minor has a statutory right to file a claim for any damages incurred as a result of another person's action or omission. This right derives from Israeli tort law and applies to all persons, regardless of age.

Additionally, a minor has the right to professional legal representation. The court requires that the claim be filed by an attorney or that the minor be represented by a parent or guardian who assists him. This ensures that the minor receives appropriate legal protection and is not exploited.

Another right is the minor's right to full compensation. This means that the minor is entitled to receive compensation that includes all damages incurred, whether they are financial damages (medical expenses) or non-financial damages (pain and suffering, disruption to education). Generally, a minor's compensation is higher than that of an adult in similar circumstances, because the minor has many more years of life ahead.

Another important right is the minor's right to a trust account. The compensation awarded to a minor is not released to him immediately. Instead, the funds are deposited in a bank account in the minor's name, under court supervision. This protects the minor from misuse of the funds or unlawful expenditure by his parents. The funds are released gradually, typically when the minor reaches age 18, or in accordance with a court order.

A minor also has the right to appeal court decisions in the claim, if he or his attorney believes that the decision is unfair. This right ensures that the minor has an additional legal avenue if he is dissatisfied with the outcome of the case in the first instance.

Special Legal Protection for Minors

Under Israeli law, minors receive special legal protection. For example, in personal injury claims, the court carefully examines the claim to ensure that it is not being used for the benefit of his parents or other parties. Additionally, if the minor reaches age 18 while the claim is pending, he has the right to continue the claim on his own or to replace his attorney.

Types of Damages and Compensation Calculation in Minor Claims

In personal injury claims involving a minor, compensation is calculated based on several categories of damages. Each category is calculated separately and then aggregated to reach the total compensation amount.

Physical Injuries (Non-Economic Damages)

Physical injuries include pain and suffering, fear, disruption to daily life, and impairment of the minor's sense of security. These are damages that cannot be directly measured in monetary terms, but the court assigns them economic value. Calculation of physical injury damages is based on official compensation schedules established through legal precedents, and on factors such as the severity of the injury, duration of recovery, and long-term impact on the minor's life.

For example, a minor who suffered a broken bone that healed completely may receive lower compensation than a minor left with permanent disability. Similarly, a younger minor (for example, age 5) may receive higher compensation for the same injury than a minor aged 17, since the younger minor has many more years to cope with the damage.

Medical and Treatment Expenses

This category includes all medical expenses incurred by the minor as a result of the injury. This includes hospital visits, examinations, treatments, medications, medical equipment (such as a cast or walker), and rehabilitation treatments. We collect all invoices and medical expenses and claim reimbursement from the defendant.

Additionally, if it is anticipated that the minor will require future medical treatment (such as rehabilitation therapy, future surgeries, or long-term medications), the court may award compensation for these expenses as well. This is determined based on medical expert opinion.

Loss of Future Earning Capacity

This category is particularly relevant for minors left with permanent disability affecting their ability to work in the future. We use assessments from economic experts to calculate the income the minor was expected to earn during his or her lifetime, and subtract the income the minor is expected to earn despite the disability. The difference constitutes compensation for loss of earning capacity.

This calculation takes into account the minor's age, level of education, likelihood of completing higher education, and reasonable work fields for the minor. This is a complex but essential calculation, as it may constitute a significant portion of the total compensation.

Permanent Disabilities and Loss of Function

If the minor is left with permanent disability (such as partial paralysis, blindness, deafness, or impairment of cognitive functions), the court awards substantial compensation. This compensation is calculated based on a disability percentage determined by a medical committee, as well as based on the impact of the disability on the minor's quality of life.

For example, a minor with 30% disability may receive significant compensation for the disability, in addition to other damages. Additionally, if the disability affects the minor's ability to study, work, or enjoy life, this may add additional layers to the compensation.

Additional Damages

In certain circumstances, a minor may be entitled to compensation for additional damages, such as disruption to education (if the minor was forced to stop studying), impairment of the ability to enjoy life, or even psychological damages (such as PTSD or depression resulting from the accident). These are more complex damages and require medical documentation and expert opinions from psychologists or psychiatrists.

Filing a Damages Claim for a Minor — Step by Step

Filing a damages claim for a minor is a complex process that requires careful planning, comprehensive document collection, and a deep understanding of the law. Below is a detailed description of the process:

Step 1: Initial Contact and Consultation

At this stage, the minor's family contacts our office to discuss an accident or injury. We listen to the story, ask detailed questions, and assess whether there is a legal basis for the claim. At the first meeting (which is at no cost), we explain the minor's rights, the expected legal process, and the prospects of the claim.

Step 2: Collection of Documents and Evidence

After deciding to file a claim, we begin collecting documents. This includes police reports (if it is an accident), medical reports, photographs from the scene, witness testimonies, medical invoices, documentation of the defendant's insurance, and any other document that may be relevant. We also contact witnesses to obtain written statements.

Step 3: Medical Evaluation and Expert Opinion

We arrange expert medical examinations to determine the extent of the minor's medical damage. This may include examinations by a neurologist, orthopedic specialist, psychologist, or other experts depending on the type of injury. We also obtain an economic expert opinion to assess the minor's future loss of earning capacity.

Step 4: Filing the Statement of Claim

When we have sufficient evidence, we prepare a detailed statement of claim describing the accident, the damages caused to the minor, and the compensation amount we are claiming. The statement of claim is filed with the competent court (usually a district court) and the notice is served on the defendant (or their insurance).

Step 5: Negotiation with the Defendant or Insurance

After filing the claim, negotiations typically take place between our lawyers and the defendant's lawyers or insurance representatives. At this stage, we present our evidence, discuss the strengths and weaknesses of the case, and attempt to reach a fair settlement. In many cases, cases are concluded with a settlement at this stage.

Step 6: Formal Proceedings in Court (If No Settlement is Reached)

If no settlement is reached, the case proceeds to formal proceedings in court. This includes preliminary hearings, a discovery phase (when both parties exchange information), and ultimately an open trial where evidence is presented before the judge.

Step 7: Judgment and Execution

After the trial, the judge issues a judgment deciding whether the minor is entitled to compensation and in what amount. If the judgment is in our favor, the defendant must pay the compensation. Typically, the funds are deposited in a trust account in the minor's name and released gradually.

Legal Fees and Rate Scale for Damages Claims for Minors

A common question families ask is: How much does it cost to file a damages claim for a minor? The answer depends on several factors, but it is important to understand the cost structure.

Legal Representation Fees

In damages claims, legal representation fees are typically calculated as a percentage of the compensation the minor receives. This is called a "percentage arrangement" or "contingency fee". This means that if no compensation is received, no attorney fees are paid. If compensation is received, the representation fees are paid from the compensation itself.

Typically, the fee rate ranges between 10% and 25% of the compensation, depending on the severity of the case, its complexity, and the stage at which a settlement was reached. A case that concludes with an early settlement may be at a lower rate, while a case that goes to full trial may be at a higher rate.

Other Legal Expenses

In addition to representation fees, there are other legal expenses such as medical examination fees, expert fees, court filing fees, and office rental fees. Typically, we advance these expenses in our name, and they are reimbursed to us from the compensation when the case concludes successfully.

Court Fees

The court charges fees for filing a claim and for additional stages in the proceedings. The amount depends on the amount of compensation claimed. Typically, these fees are part of the legal expenses that are recovered from the compensation.

No Upfront Cost

In our damages claims, families do not pay any upfront cost. The first consultation meeting is at no cost, and we advance all legal expenses. You pay only when you receive compensation.

Statutes of Limitations in Tort Claims for Minors

An important law to know is the Statute of Limitations law. In tort claims, there is a time limit within which a claim must be filed. If the time limit has expired, the court may dismiss the claim, regardless of the merits of the case.

Generally, a tort claim is subject to a three-year statute of limitations from the day the damage occurred or from the day the injured party discovered (or should have discovered) the damage. However, for minors, the law grants an important extension: the statute of limitations does not begin to run as long as the minor is a minor. In other words, a minor has three years to file a claim after reaching the age of 18.

This means that if a minor is injured at age 10 in a car accident, they have until age 21 to file a claim (three years from age 18). However, this does not mean one should wait until age 18. Parents can file a claim on behalf of the minor immediately after the accident, and this is typically strongly recommended to ensure the statute of limitations does not expire.