Car Accident with Fractures in Ramat Gan – Right to Full Compensation

Fractures in Traffic Accidents – Legal Rights and Compensation Obligations

Traffic accidents are one of the most common causes of bodily injury in Israel, and bone fractures are among the most serious injuries that can occur. When you are injured in a traffic accident and suffer a bone fracture – whether it is a fracture of the arm, fracture of the foot, fracture of the rib, fracture of the spine, or any other fracture – you are entitled to full financial compensation from the person responsible for the accident or their insurance company. This right is established by law and is based on the principles of tort law in Israel.

A bone fracture is not simply a temporary injury. Many problems can arise as a result of this injury: chronic pain, difficulties in movement, loss of earning capacity, additional medical expenses, and in severe cases – permanent disability. All of these form the basis for a legal compensation claim.

Mandelbaum, Gor, Witzman-Gor & Co. Law Offices at Donesh 1 in Ramat Gan has represented injury claimants since 2008 and has extensive experience in handling fracture claims from traffic accidents. We understand the physical, emotional, and financial suffering this experience causes, and we are focused on obtaining the maximum compensation you deserve.

What Does Compensation for Bone Fractures Include?

Compensation in a traffic accident involving bone fractures covers several categories:

• Compensation for bodily injury: includes pain and suffering during recovery, reduced functioning, limitations in daily activities, and impairment of earning capacity.
• Medical expenses: any expense incurred as a result of the injury – medical treatment, surgeries, physiotherapy, medications, medical equipment, and the like.
• loss of income: if you are forced to be absent from work due to the injury, you can claim compensation for lost income.
• Permanent disability: if the fracture resulted in permanent disability or permanent limitation of earning capacity, this constitutes a basis for more substantial compensation.
• Impairment of future earning capacity: in cases where the injury affects your ability to earn in the future.

The Claims Process for Fractures in Traffic Accidents

A claim for bone fractures from a traffic accident typically proceeds through defined stages. First, all relevant evidence must be collected: Israel Police accident report, complete medical documentation including X-rays or CT scans, medical expert opinion, employment certificates, and salary statements. Subsequently, negotiations with the defendant's insurance company or with National Insurance are conducted, depending on the circumstances. If no settlement is reached, a claim may be filed with the District Court for Torts or the Regional Court.

During the negotiation stage, our office assesses the damages in accordance with prevailing case law in Israel, presents evidence persuasively, and strives to obtain a fair settlement. During the legal proceedings stage, we represent you before the court or tribunal, present your arguments professionally, and ensure a favorable judgment.

Types of Fractures in Traffic Accidents – Legal and Financial Implications

Bone fractures come in various types and severities, and each type affects the amount of compensation you are entitled to receive. Understanding the legal classification of a fracture is crucial for assessing your claim.

Simple Fractures versus Compound Fractures

A simple fracture (or "closed fracture") is a fracture in which the bone is broken but the surrounding skin and tissues are not damaged. Such fractures typically require conservative treatment (immobilization, surgery, or casting) and have a shorter recovery period. In contrast, a compound fracture (or "open fracture") is a fracture in which the skin is torn and the bone is exposed to the external environment. Such fractures require emergency surgery, antibiotic treatment, and carry a risk of infection and complications. Treatment of compound fractures is longer, and compensation for them is significantly higher.

Large Bones versus Small Bones

Fractures of large bones such as the femur, tibia, humerus, or spine are generally more serious than fractures of small bones such as a finger or ankle bone. Fractures of large bones significantly affect mobility, work capacity, and the ability to perform daily activities, and therefore compensation for them is higher. Additionally, fractures of large bones may leave permanent disability or permanent limitations in movement.

Impact on Work Capacity and Disability

One of the most important aspects of a fracture claim in a traffic accident is the impact on work capacity. If the fracture prevents you from working or reduces your ability to earn, this directly affects the amount of compensation. For example, an employee with a broken right arm who cannot work in their profession for months is entitled to compensation for lost income. Likewise, if the fracture leaves permanent disability (such as limitation in range of motion or chronic pain), this forms the basis for substantial compensation for loss of future work capacity.

Typical Scenarios of Fractures in Traffic Accidents

Various traffic accident scenarios create different types of fractures. In a high-impact head-on collision, a spinal fracture or multiple fractures may occur. In an accident where a vehicle stops suddenly, a passenger may be struck by the seat belt and suffer rib fractures. In an accident where a pedestrian is struck by a vehicle, a foot fracture or femur fracture may occur. Each scenario requires a unique legal and medical assessment.

Compensation Amount for Fractures in Traffic Accidents – Typical Ranges and Influencing Factors

The amount of compensation in a traffic accident involving bone fractures depends on many variable factors. No two cases are completely identical, and each claim is examined individually according to its unique circumstances. However, typical ranges exist based on the severity of the injury and the type of fracture.

Factors Affecting Compensation Amount

Fracture Severity: Complex fractures or fractures of large bones result in higher compensation than simple fractures of small bones. Recovery Duration: Each fracture requires a recovery period, during which pain, restricted movement, and work incapacity may occur. The longer the recovery period, the higher the compensation. Impact on Work Capacity: If the fracture prevents you from working or reduces your earning ability, this directly affects the compensation amount. Permanent Disability: If the fracture results in permanent disability, the compensation is significantly higher. Victim's Age: Generally, a younger victim may receive higher compensation for permanent disability, as its impact on future earning capacity is greater. Victim's Profession: A manual laborer suffering a fractured arm may receive higher compensation than an office worker, as the impact on work capacity is greater.

Typical Compensation Ranges

Based on data from Israeli case law, compensation ranges for fractures in traffic accidents are typically:

• Simple fractures of small bones (finger, toe): Usually in the range of tens of thousands of shekels, depending on severity and impact on work capacity.
• Fractures of medium-sized bones (arm, shin, foot bone): Usually in the range of tens to hundreds of thousands of shekels, depending on severity, recovery duration, and impact on work capacity.
• Fractures of large bones (femur, spine): Usually in the range of hundreds of thousands of shekels to one million shekels, depending on severity, recovery duration, impact on work capacity, and permanent disability if applicable.
• Complex or multiple fractures: Usually in a higher range, depending on specific circumstances.

It is important to emphasize that these ranges are typical only, and each case is examined individually according to its unique circumstances. Our firm will conduct an accurate assessment of the compensation owed to you based on the specific details of your case.

National Insurance Claims for Fractures in Traffic Accidents

In addition to a claim against the person responsible for the accident or their insurance company, victims of traffic accidents are also entitled to benefits from national insurance. National insurance provides allowances, compensation, and benefits for bodily injuries caused in traffic accidents, regardless of proof of liability.

National Insurance Benefits for Fractures

Loss of Work Capacity Allowance: If the fracture resulted in loss of work capacity, the victim is entitled to a loss of work capacity allowance. This allowance is calculated according to the level of disability and the victim's income. Permanent Disability Allowance: If the fracture resulted in permanent disability, the victim is entitled to a permanent disability allowance. One-time Compensation: National insurance also provides one-time compensation for bodily injuries. Coverage of Medical Expenses: National insurance covers medical expenses incurred as a result of the injury. Rehabilitation and Return-to-Work Allowance: In some cases, national insurance provides a rehabilitation allowance and support for return to work.

Procedure for Filing a National Insurance Claim

The process of filing a claim with national insurance begins with submitting an application form for eligibility determination. In this form, you must provide details of the accident, the injury sustained, and the damages incurred. After submitting the form, national insurance reviews the application, usually with the assistance of a medical examination. If national insurance approves the allowance or compensation, the victim begins to receive the benefits. If national insurance denies the application or awards less than the victim believes is due, an appeal can be filed to the appeals committee.

Our office also handles claims against national insurance, assists in preparing the application, represents you before national insurance and the appeals committee if necessary, and ensures that you receive your entitled rights.