Guide to Personal Injury Damages in Traffic Accidents

What Are Personal Injury Damages in Traffic Accidents?

Personal injury damages in traffic accidents are physical injuries sustained as a direct result of a road accident. These injuries may range from minor bruises and short-term discomfort to severe injuries, fractures, nerve damage, paralysis, and significant loss of work capacity. In a traffic accident, the injured party is entitled to compensation for personal injuries from several sources: the responsible driver's compulsory insurance, national insurance (in exchange for a claim offset), and additional insurance if available.

Every case of personal injury in an accident is unique. Compensation depends on the severity of injury, required medical treatment, impact on quality of life, loss of work capacity, and additional legal considerations. An experienced attorney in this field will ensure that all damages—including non-visible injuries—are included in the claim.

Types of Personal Injury Damages in Accidents

• Physical Body Injuries: Fractures, bruises, soft tissue injuries, burns, eye or hearing injuries.
• Nerve Injuries: Peripheral nerve damage, paralysis, partial or complete paralysis.
• Head and Cognitive Injuries: Brain trauma, memory disorders, cognitive problems, personality changes.
• Psychological Injuries: PTSD, depression, anxiety, psychological trauma resulting from the accident.
• Loss of Work Capacity: Partial or total inability to work in previous employment or other work.
• Pain and Suffering: Chronic pain, physical suffering, reduction in quality of life.

Under Israeli tort law, each of these categories is entitled to separate compensation, based on the court's discretion and evidence presented in the case.

Your Rights to Compensation for Personal Injuries

As an injured party in a traffic accident, you have legal rights protected by law. Compensation for personal injuries is divided into two main branches: national insurance and compulsory insurance (or direct tort claim).

Your Rights Under National Insurance

National insurance provides benefits and assistance to those injured in traffic accidents, regardless of fault. To receive benefits from national insurance, you must file a claim with the National Insurance Institute within three years from the date of the accident. Benefits include:

• Monthly Allowance: If you are unable to work due to the injury, you are entitled to a monthly allowance according to the rate of disability recognized by a medical committee.
• Medical Expenses: Coverage of medical treatment costs directly related to the accident.
• Rehabilitation Assistance: Vocational rehabilitation programs, physiotherapy, and additional treatment.
• Caregiver Allowance: If the injured person cannot care for themselves, they are entitled to a caregiver allowance.

Important to know: Receiving a national insurance allowance does not prevent a tort claim against the responsible driver. Both routes exist in parallel, but there are rules of offset and legal priority.

Your Rights in Direct Tort Claim

If the responsible driver in the accident is identified and has compulsory insurance, you can file a direct claim against them (or their insurance company) for compensation for all damages caused to you. This compensation includes:

• Compensation for Pain and Suffering: Based on the severity of injury, its duration, and consequences.
• Compensation for Loss of Work Capacity: Past income loss (from the date of accident until end of treatment) and future income loss (if there is permanent work capacity impairment).
• Compensation for Medical Expenses: Any expense not covered by national insurance or health insurance.
• Compensation for Property Damage: Repair or replacement of vehicles and items damaged in the accident.
• Compensation for Disruption of Life Enjoyment: Impact on your ability to enjoy life, leisure activities, family relationships.

A tort claim requires proof of the responsible driver's negligence. Therefore, it is important to gather evidence, police reports, photographs from the accident scene, and complete medical documentation.

Comparison: Bodily Injury in Traffic Accidents vs. Workplace Accidents

Although both traffic accidents and workplace accidents result in bodily injury, there are significant differences in how they are handled legally and how compensation is calculated.

In workplace accidents, there are statutory limitations on the amount of compensation that can be claimed in tort (since some damages are already covered by National Insurance benefits). In traffic accidents, the situation is somewhat different, and full tort compensation can be claimed, while also receiving National Insurance benefits.

How is Compensation for Personal Injury Calculated?

Calculation of compensation for personal injury in traffic accidents is not performed according to a fixed formula. The court considers multiple factors and creates a "basket of damages" tailored to each unique case. The main factors are:

Assessment Factors

• Severity of Injury: Is the injury minor, moderate, or severe? Is it permanent or temporary?
• Age of the Injured Party: A younger injured party has a longer working future, which affects potential future loss of income.
• Profession and Work Capacity: What profession did the injured party work in? Can they return to their profession or do they need retraining?
• Duration of Medical Treatment: How long did the treatment last? Is there ongoing chronic treatment?
• Impact on Quality of Life: Does the injury affect their ability to enjoy life, family relationships, and recreational activities?
• Medical Opinions: Expert medical opinions regarding the extent of disability and recovery potential.
• Evidence and Reports: Medical documentation, previous treatment attempts, neurological examinations.

Components of Compensation

Compensation for personal injury in an accident consists of several components, each with its own calculation:

• Pain and Suffering: Compensation for physical pain, emotional suffering, and trauma. This is discretionary compensation with no exact formula, based on previous case law and judicial discretion.
• Past Loss of Income: Loss of income from the date of the accident until the completion of treatment or assessment. This is calculated based on the salary the injured party would have earned had they not been injured.
• Future Loss of Income: If the injured party suffers permanent disability affecting future work capacity, future loss of income is calculated. This is based on life expectancy, employment rate, and expected work capacity.
• Medical and Treatment Expenses: All medical expenses incurred due to the accident, including surgeries, physiotherapy, medications, psychological treatment, and anticipated future treatments.
• Compensation for Loss of Enjoyment of Life (Hedonic Damages): Compensation for the reduction in their ability to enjoy life, recreational activities, family relationships, and social activities.

Typical Example (For Illustration Only)

An injured party, age 35, who worked as an engineer and was injured in a traffic accident. The injury resulted in a spinal fracture with partial impact on limb mobility. The court may assess:

• Pain and Suffering: ₪250,000–₪400,000 (depending on severity and trauma)
• Past Loss of Income (one and a half years of treatment): ₪180,000
• Future Loss of Income (30 years assuming 40% loss of work capacity): ₪2,000,000–₪3,000,000
• Past Medical Expenses: ₪80,000
• Future Medical Expenses (chronic treatment): ₪500,000–₪1,000,000
• Compensation for Loss of Enjoyment of Life: ₪150,000–₪300,000

Total Estimated Compensation: ₪3,160,000–₪5,080,000 (this is an example only, and each case is examined individually).

It is important to understand that this amount is an estimate only, and the court may decide differently based on the specific facts of the case.

The Role of a Medical Committee in Assessing Personal Injury Damages

In personal injury lawsuits arising from accidents, a medical committee plays a critical role. This is a committee of expert physicians appointed by the court (or sometimes by the parties by mutual agreement) to assess the degree of disability and medical damage suffered by the injured party.

What Does a Medical Committee Do?

• Physical and Neurological Examination: The committee examines the injured party, reviews X-rays, MRI scans, and other diagnostic tests.
• Assessment of Disability Percentages: The committee evaluates the percentage of disability of the injured party (what percentage of normal functioning capacity has been lost).
• Opinion on Future Condition: The committee assesses whether the disability is permanent or temporary, and whether there is a possibility of recovery.
• Treatment Recommendations: The committee may recommend additional treatments or rehabilitation.

The opinion of the medical committee serves as strong legal evidence in court. However, the court is not bound by the committee's decision and it may be challenged if there are contradictory medical opinions from other experts.

How is a Medical Committee Decision Reached?

Typically, the injured party is required to attend an examination by the committee. The committee may be appointed by the court (an official committee) or may consist of private physicians agreed upon by the parties. Following the examination, the committee issues a detailed report submitted to the court. The report includes information on disability percentages, type of disability (whether physical, neurological, psychological, etc.), and expected medical care.

In some cases, the injured party may present a contrary medical opinion from their own physician to challenge the committee's decision. This is common in cases of disputed diagnoses or when the committee disagrees with the injured party regarding the degree of disability.

How Mandelbaum, Gor, Witzman-Gor & Co. Can Help You

Mandelbaum, Gor, Witzman-Gor & Co. specializes in representing plaintiffs in tort cases since 2008. We have extensive experience handling personal injury claims from motor vehicle accidents, workplace accidents, and other incidents. Our team includes attorneys with broad knowledge of tort law, national insurance, and mandatory insurance.

Our Services

• Free Initial Legal Consultation: We will review your case, assess your damages, and explain your rights to you.
• Evidence Collection and Documentation: We will help you gather police reports, photographs, witness testimonies, and all relevant documents.
• Coordination with Medical Examinations: We will assist you in scheduling medical examinations with specialists, neurological assessments, and expert opinions.
• Filing National Insurance Claims: We will handle the filing of your claim and follow up with the National Insurance Institute.
• Negotiations with Insurance Companies: We will negotiate with the responsible driver's insurance company to achieve a fair settlement.
• Court Representation: If necessary, we will represent you in court throughout the full proceedings.
• Appeals and Handling Complex Legal Issues: If an appeal is needed or if there are complex legal issues, we will handle them on your behalf.

Mandelbaum, Gor, Witzman-Gor & Co. is located in Ramat Gan, and we also have an office in Petah Tikva (Juni Netanyahu 8). We provide personalized and dedicated service to each client, and we are committed to obtaining the fairest compensation for you.

Why Choose Us

• Experience Since 2008: Over 18 years of experience representing tort plaintiffs.
• Plaintiff Representation Only: We represent only plaintiffs — we have no conflicts of interest.
• Personal and Dedicated Approach: Each client receives personalized attention and regular updates on their case.
• Free Initial Consultation: Meet with our attorney at no cost to understand your rights.
• Experience in All Types of Damages: From physical bodily injuries to psychological damages, we have handled them.