How Much Compensation is Due in a Personal Injury Claim in Ramat Gan?

What Determines the Compensation Amount in a Tort Claim?

When you are injured in a traffic accident, workplace accident, or public negligence, you are entitled to file a tort claim. However, the central question occupying every injured party is: How much compensation am I actually entitled to? The answer is not straightforward, as tort compensation takes into account numerous complex factors, and each case is unique.

The compensation amount in a tort claim is determined based on several legal pillars: the nature of the damage sustained, the severity of the injury to your body, the long-term consequences on earning capacity and independence, and the particular circumstances of your case. Additionally, there are evaluation coefficients established in Israeli case law that serve as a reference point for judges when assessing compensation.

At Mandelboim, Gor, Witzman-Gor & Co., with 18 years of experience representing injured parties in tort claims, we understand that every compensation must have a strong legal foundation. In this guide, you will learn the key components of compensation calculation, the factors affecting the amount, and your process to receive the full compensation you deserve.

Components of Compensation in a Tort Claim

Tort compensation consists of several key components, each calculated separately and then summed:

• Direct bodily damages: Medical expenses actually incurred, treatments, medications, surgeries and implants, and medical examinations. This is the easiest category to prove, as it is based on receipts and actual medical documentation.
• Loss of income: The income you lost during the period you were unable to work due to the injury. Calculated based on your income prior to the accident and the period of incapacity.
• Pain and suffering: Compensation for the physical and emotional pain you experienced as a result of the injury. This is a more subjective category, depending on the severity and duration of the injury.
• Impairment of future earning capacity: If you remain with permanent disability or limitations in earning capacity, you are entitled to compensation for income you will not be able to earn in the future.
• Future rehabilitation and treatment expenses: Costs of future medical treatment, occupational rehabilitation, or home modifications for disability, if necessary.
• Impairment of quality of life: In some cases, the judge may award compensation for impairment of quality of life, such as inability to engage in activities you enjoyed or limitations in social life.

How Does the Severity of Injury Affect Compensation?

The severity of injury is one of the central factors in determining the amount of compensation. Minor injuries, such as fractures that healed with virtually no complications, will receive significantly lower compensation than severe injuries that caused partial or complete paralysis. In Israeli case law, there are assessment coefficients that serve as a point of reference: for example, a disability of 10% may vary by tens of thousands of shekels, while a disability of 50% or more may reach much higher amounts.

Comparison Table: Typical Compensation Ranges in Tort Claims

Below is a table presenting typical compensation ranges in various tort claims, based on the severity of damage and degree of disability. It is important to note that these amounts are general estimates only, and each case is examined individually according to its specific circumstances:

Important Note: The table above presents general ranges only, based on historical judicial data. Each case is unique, and significant deviations may occur depending on specific circumstances, the victim's income level, age, marital status, and the question of the other party's liability. These amounts are not guaranteed and should not be construed as a promise of any compensation.

Additional Factors Affecting Compensation Amount

In addition to the severity of injury, there are additional factors that may affect the compensation amount:

• Age of the victim: A younger victim will generally receive higher compensation for loss of future income, as they have many years of work ahead of them. Conversely, a victim at retirement age may receive lower compensation in this category.
• Income level: If you had high income before the accident, your lost income will be calculated on a higher basis, which will increase the compensation amount.
• Marital status and children: A victim with young children dependent on them may receive higher compensation for impairment of enjoyment of life.
• Relative percentage of fault: If the victim is found to have had some share of responsibility for the accident, the compensation will be reduced according to their percentage of fault. For example, if the victim is found to be 20% at fault, the compensation will be reduced by 20%.
• Likelihood of future damage: If there is a probability that the damage will worsen or result in long-term consequences, this may affect the compensation.

The Process of Calculating Compensation in Practice

When filing a personal injury claim, the compensation calculation process goes through several stages:

Stage 1: Collection of Medical Evidence

The first step is to gather all relevant medical documentation: examination reports, test results, treatment invoices, prescriptions, and any other medical records that can document the injury. With the assistance of a medical expert in the relevant field (orthopedist, neurologist, psychologist, etc.), we assess the severity of the injury and its consequences.

Stage 2: Assessment of Disability Percentage

Following the collection of medical evidence, an assessment is made of the permanent disability percentage, if applicable. This assessment may be conducted by a medical committee of the National Insurance, or by a medical expert appointed by the court. The disability percentage directly affects the compensation amount for pain and suffering, as well as the assessment of impairment to future earning capacity.

Stage 3: Calculation of Lost Income

We calculate the income you lost during the period of hospitalization or reduced work capacity. This includes medical expenses incurred, as well as lost income. If you are left with permanent disability, we also estimate the income you will be unable to earn in the future, according to your age, profession, and disability percentage.

Stage 4: Assessment of Pain and Suffering

This category is more subjective and depends on the court's discretion. We present evidence of physical pain, emotional suffering, and the impact on quality of life. Good documentation of suffering — medical reports, testimony from family members, letters from employers — can significantly influence this assessment.

Stage 5: Assessment of Future Expenses

If future medical treatment, vocational rehabilitation, or home modifications will be necessary, we estimate the anticipated costs and include them in the claim.

Stage 6: Filing the Claim and Settlement or Trial

After calculating all components, we submit a formal claim. At this point, there may be negotiations for a settlement with the opposing party or their insurance company. If no settlement is reached, the case will proceed to court proceedings, where the judge will determine the final compensation amount.

Differences Between National Insurance and Private Insurance

It is important to understand that there are two different routes to obtaining compensation: through national insurance and through a civil claim against the responsible party (or their insurance company).

National Insurance

National insurance provides a monthly allowance to victims of work accidents, traffic accidents, and soldiers injured during military service. The allowance is calculated based on the degree of disability and income level. However, the amounts paid by national insurance are generally significantly lower than the compensation that can be obtained through a civil claim. Additionally, national insurance does not pay compensation for pain and suffering or diminishment of quality of life.

Civil Claim Against the Responsible Party

A civil claim against the party responsible for the accident (or their insurance company) can yield significantly higher amounts. In such a claim, you are entitled to compensation for all the components mentioned above: medical expenses, loss of income, pain and suffering, diminishment of future earning capacity, and any other expenses incurred as a result of the accident. Compensation in a civil claim is typically far higher than the national insurance allowance.

In many cases, an injured party can file both a national insurance claim and a civil claim simultaneously. However, setoff rules apply, under which a certain amount of the allowance received from national insurance may be deducted from the compensation you receive in the civil claim.

Why Choose Mendelboim, Gor, Witzman-Gor & Co. in Ramat Gan?

Choosing the right attorney for your personal injury claim is an important decision. At Mendelboim, Gor, Witzman-Gor & Co., we specialize in personal injury law since 2008 and have extensive experience representing victims of traffic accidents, workplace accidents, and public negligence.

Representation of Plaintiffs Only: We represent plaintiffs exclusively, not insurance companies or other parties. This means our interest is solely yours, and all our efforts are directed toward securing the highest possible compensation for you.

Experience and Professionalism: With over 18 years of experience, we know precisely what determines the compensation amount, and we know how to present your case in the best possible way before a court or insurance company.

Personal and Dedicated Approach: We believe that every client is unique, and every case deserves personal attention. We do not handle cases routinely; rather, we are dedicated to every detail of your matter.

Free Initial Consultation: We offer a free initial consultation, so you can get to know us and decide if you want to work with us. During this consultation, we will evaluate your case and provide you with an initial assessment of the expected compensation amount.

Ramat Gan Branch: Our Ramat Gan branch is located at: Aryeh Ben Eliezer 12, Ramat Gan. We are conveniently located near you and are always available for an in-person meeting.