How Much Compensation is Due in a Serious Car Accident in Petach Tikva?

Introduction: Compensation for Severe Traffic Accidents

A severe traffic accident can change your life in seconds. Head injuries, fractures, paralysis, spinal cord injuries, loss of limbs — these are not just stories in the press, but a reality affecting thousands of victims in Israel every year. When you or a loved one are injured in a severe accident, the first question that arises is: how much compensation am I entitled to? The answer is not simple — it depends on a wide range of factors: the severity of the injury, the permanent rate of disability, loss of earning capacity, medical expenses, mental suffering, and other factors.

Mandelboum, Gor, Witzman-Gor & Co. specializes in representing claimants in bodily injury claims since 2008. Throughout these years, we have guided hundreds of severe traffic accident victims through the complex process of insurance claims, proceedings before medical committees, and litigation. On this page, we will share with you our accumulated knowledge — how compensation is calculated, what rights you have, and what steps to take to advance your claim in Petach Tikva and the Central Region.

What is Considered a Severe Traffic Accident?

Under the Criminal Registry Law and the Returning Residents Statute, as well as under the established case law in Israel, a severe traffic accident is defined as an accident in which significant bodily injuries were sustained. This is not about minor scratches or ordinary back pain — it is about injuries that affect your daily functioning, your ability to work, to manage daily life, or to enjoy life. Examples include:

• Multiple fractures in limbs or the spine
• Head injury resulting in loss of consciousness, memory impairment, or cognitive damage
• Paralysis or paresis partial or complete
• Loss of limbs or significant impairment of limb function
• Burns and scarring affecting appearance or function
• Eye or hearing injury or hearing causing significant aggravation
• Physical injury — damage to internal organs, lungs, heart, liver and the like

Each case is examined individually by qualified medical committees, which determine the percentage of permanent disability (disability percentage according to Israeli disability percentage table). This is the basis for calculating compensation.

Components of Compensation in a Severe Traffic Accident

Compensation in a traffic accident is not a single sum. It consists of multiple components, each calculated separately:

1. Bodily Injury — Compensation for Permanent Disability

This is the central component in a personal injury claim. It is calculated based on the percentage of permanent disability determined by medical committee. The compensation is based on the Israeli disability percentage table, which establishes a minimum and maximum percentage for each type of injury. For example:

• Fracture of the big toe bone: 5–10% disability
• Fracture of the thumb bone: 10–15% disability
• Partial paralysis of a limb: 20–50% disability
• Complete paralysis of a limb: 50–70% disability
• Head injury with cognitive damage: 10–100% disability (depending on severity)

Compensation for disability is calculated according to a legal formula: base amount × disability percentage. The base amount varies according to age, marital status, prior income and other factors. In severe accidents, compensation can reach tens of thousands of shekels and up to hundreds of thousands, depending on the extent of the disability.

2. Economic Damages — Loss of Earning Capacity

If a traffic accident caused you to stop working, be on prolonged medical leave, or reduce your working hours, you are entitled to compensation for loss of earning capacity. This includes:

• Income lost during recovery and rehabilitation
• Reduction in future income if the disability prevents you from returning to work in full capacity or in the same position
• Treatment expenses — surgeries, physical therapy, additional treatments

Proving loss of income requires documentation: payroll slips, employer statements, opinions from a physical therapist or occupational physician regarding ability to return to work. In severe accidents, this loss can be substantial, especially if you are of working age and your injury prevents you from working for years.

3. Additional Damages — Pain, Suffering and Humiliation

Beyond disability and loss of income, the law provides compensation for physical suffering and mental anguish you endured as a result of the accident. This includes pain, anxiety, depression, sleep disorders, relationship difficulties, and impairment of social life. Compensation for suffering is typically awarded as a lump sum, in accordance with the court's discretion and prevailing case law.

4. Medical Expenses and Rehabilitation

Any medical expense directly incurred as a result of the accident — surgeries, hospitalization, medications, physical therapy, psychological treatment — is eligible for compensation. If the treatment is still ongoing or expected to continue in the future, an assessment of future expenses may be added based on expert opinion.

Typical Compensation Ranges in Serious Traffic Accidents

To give you a general picture of the scale, here is a table of compensation ranges in various scenarios. It is important to emphasize: these are general ranges only, and each case is examined individually. Actual compensation depends on the specific circumstances, on medical opinions, evidence, and the degree of liability of the defendant.

Note: These ranges reflect general data only and do not constitute a guarantee or binding value for your specific case. Each case is examined individually by a medical committee and court.

The Claims Process in Serious Traffic Accidents

To receive compensation, you must follow an orderly legal process. Here are the main steps:

Step 1: Document Collection and Medical Opinion

In the first stage, you need to collect all relevant documents: police report from the accident, hospitalization records, medical files, X-ray and CT scans, salary records (if you suffered loss of income), and witness statements to the accident. Additionally, you must obtain a medical opinion from a specialist physician (surgeon, neurologist, occupational medicine doctor, etc.) describing the injury, its impact on your functioning, and the likelihood of it being permanent or improving in the future.

Stage 2: Filing a Claim with the Defendant's Insurance

After collecting the documents, your law firm (such as Mandelbaum, Gor, and Witzman-Gor) will submit a claim to the defendant's insurance company (usually mandatory motor vehicle insurance). The claim will include all documents, medical opinions, proposed compensation calculation, and legal arguments supporting your rights. At this stage, the insurance company will review the claim and send a response — full acceptance, partial acceptance, rejection, or a request for settlement negotiations.

Stage 3: Negotiation with the Insurance Company

Typically, a claim for bodily injury damages is not settled immediately. The insurance company may obtain a counter-opinion from its own physician, dispute the severity of the injury, or question its impact on your work capacity. Your attorney will mediate between you and the insurance company, advocate for your rights, and attempt to reach a fair settlement. These negotiations may last for months, and in some cases, a year or more.

Stage 4: Submission to Medical Committee (in certain cases)

If you dispute the disability percentage determined by the insurance company, you can request review by an independent medical committee. This committee will examine all medical documents, may conduct a physical examination, and will issue a binding decision. The committee's decision serves as the basis for calculating the final compensation.

Stage 5: Court Proceedings (if no settlement is reached)

If no settlement is reached with the insurance company, the claim will be brought to court. At this stage, both parties will present evidence, testimony, and medical documentation. The court will determine the disability percentage, the amount of compensation, and will issue a judgment in your favor, the defendant's favor, or a compromise settlement. A court judgment is binding and may be appealed to a higher court in certain circumstances.

Additional Rights in Serious Traffic Accidents

Beyond compensation from the defendant's mandatory insurance, there may be additional rights:

National Insurance — Disability Benefit and Work Injury Benefit

If you are entitled, National Insurance may pay you a monthly disability pension (based on the percentage of disability) and an earnings-loss pension (based on your loss of income). These pensions are paid to you each month and continue as long as you suffer from a disability. It is important to apply to the National Insurance as soon as possible following the accident.

Supplemental Health Insurance

If you have supplemental health insurance (private), your insurance company may cover additional medical expenses not covered by public insurance. This includes complementary treatments, psychological treatment, and medications.

Travel Insurance or Personal Insurance

In some cases, you may have travel insurance or additional personal insurance that covers traffic accidents. Review your insurance policies to see if you are entitled to additional payments.

Factors Affecting Compensation Amount in Serious Traffic Accidents

Compensation in a serious traffic accident is not a mechanical calculation. The court (or insurance company in a settlement) considers multiple factors:

1. Permanent Disability Percentage

This is the central factor. The higher the disability percentage, the greater the compensation. The disability percentage is determined by a medical committee in accordance with the Israeli disability percentage table.

2. Previous Income and Future Work Capacity

If the disability prevents you from working in your previous position, or if it prevents you from working at all, compensation increases. The court will examine your previous income, age, education, and future employment prospects.

3. Age and Life Expectancy

A young injured party will receive higher compensation than a retiree, as their disability will impact their work capacity for many years. The court calculates the expected income loss over the injured party's life expectancy.

4. Severity of Suffering and Impact on Quality of Life

A serious accident may cause chronic suffering, pain, anxiety, depression, and relationship problems. The court considers the psychological and social impact of the disability, not only the physical impact.

5. Expected Future Medical Expenses

If the disability requires prolonged medical treatment or rehabilitation, the court will add an assessment of future expenses to the compensation. This can be significant in cases of severe disability requiring lifelong care.

6. Degree of Defendant's Liability

If the defendant was at fault in the accident (for example, speeding, ignoring traffic signs, or driving recklessly), the court may award higher compensation. If you bear part of the responsibility (for example, not wearing a seatbelt), compensation may be reduced.

Common Mistakes Injured Parties Make in the Claims Process

In our experience, traffic accident victims make mistakes that can significantly reduce their compensation:

• Failure to file a claim within the deadline — There is a time limit (statute of limitations) for filing a claim. If you wait too long, you may lose your right to file a claim.
• Failure to collect medical documents — It is important to keep all medical records, imaging studies, pay slips, and certificates. If documents are lost, it is difficult to prove the injury.
• Signing an agreement without legal counsel — If the insurance company offers you a settlement, do not sign until a lawyer reviews the terms. The settlement may be lower than the true value of your claim.
• Failure to appeal to a medical committee — If you dispute the disability percentage determined, submit a request to the committee. This could significantly increase compensation.
• Taking actions indicating recovery — If you post pictures on social media showing you in good health, or if you start working at full capacity, the insurance company may use this to question your disability.
• Failure to Undergo Recommended Treatment — If a doctor recommends that you undergo certain treatment (such as physiotherapy) and you do not do so, the insurance company may claim that you have failed to meet your rehabilitation obligations.

Case Example: Serious Traffic Accident in Petach Tikva

To give you a complete picture, here is a case example (client's name changed to protect privacy):

Dan, age 35, was involved in a traffic accident in Petach Tikva. A vehicle driven illegally crossed him at an intersection. Dan sustained a severe head injury and injury to his left shoulder. He was hospitalized, underwent shoulder surgery, and received treatment in the neurology department due to concern for a serious head injury. After three weeks of hospitalization, he was discharged with permanent injuries: chronic pain in the shoulder, mild memory problems, and inability to work in his position as an engineer (work that required physical effort and mental concentration).

The Mendelbloum, Gur & Wittmann-Gur office represented Dan. We gathered medical documents, obtained opinions from a neurologist and occupational medicine specialist, and filed a claim against the at-fault driver's liability insurance. The insurance company initially offered ₪200,000. We rejected the offer and requested a medical committee. The committee determined 35% permanent disability. Based on this, and considering loss of earning capacity over the years, we reached a settlement of ₪550,000. Additionally, Dan is entitled to a disability pension from National Insurance.

This case demonstrates how professional representation can significantly increase compensation beyond the insurance company's initial offer.