Guide to Assault Damages Claim

What is a Damages Claim for Assault?

A damages claim is a legal proceeding designed to compensate a victim for losses incurred as a result of assault. When one person assaults another physically, they are liable for compensation covering all resulting damages — both economic damages (medical expenses, loss of income) and non-economic damages (pain and suffering, emotional harm, loss of earning capacity).

In Israel, an assault damages claim can be filed as a civil action in court or as part of parallel criminal proceedings. Mandelbaum, Gor & Weitsman-Gor Law Firm specializes exclusively in representing claimants in damages claims, guiding assault victims through the process of securing their rightful compensation.

Who is Entitled to File a Damages Claim for Assault?

Any person who has suffered physical or emotional injury as a result of assault is entitled to file a damages claim. The claim can be filed against the assailant directly or against a party responsible for their actions (for example, an employer if the assault occurred in the workplace). In certain circumstances, claims may also be filed against liability insurers or the state compensation fund, depending on the specific circumstances of the case.

It is important to note that a claim does not depend on criminal conviction of the assailant. Even if the assailant is not convicted criminally, a victim can still file a civil damages claim, since the evidentiary standard in civil proceedings is lower than in criminal proceedings.

Types of Damages Covered in Assault Claims

• Economic Damages (Financial Losses): Medical expenses, treatments, medications, rehabilitation costs and expenses, transportation costs for treatment, lost income during recovery, future loss of earning capacity (if permanent disability results).
• Pain and Suffering: Compensation for physical pain, bodily suffering, difficulty performing daily activities, and medical discomfort.
• Emotional Distress: Compensation for fear, anxiety, depression, sleep disturbances, post-traumatic stress, or post-traumatic stress disorder (PTSD) resulting from the assault.
• Loss of Earning Capacity: When the assault causes permanent or temporary disability, a victim may claim compensation for loss of ability to work or earn income.
• Diminution of Quality of Life: In certain circumstances, compensation for impairment of quality of life, ability to enjoy life, or damage to family and social relationships.

The Process of Filing a Damages Claim for Assault

Filing a damages claim is a process that requires careful planning, evidence gathering, and strong legal representation. The following are the main stages:

Stage 1: Document and Evidence Collection

Before filing a claim, gather all relevant documentation: medical reports, photographs of injuries, criminal charges or decisions, witness statements, police reports, and records of medical expenses. The stronger your documentation, the more persuasive your claim will be to the court.

Stage 2: Damages Assessment

Calculate the total economic and non-economic damages. For economic damages, attach receipts and invoices. For non-economic damages (pain and suffering, emotional harm), collect detailed medical reports documenting the extent of injury. In certain cases, obtain an expert report (from a physician or psychologist) to help quantify the damages.

Stage 3: Sending a Pre-Litigation Notice

Often, before filing a formal claim, a written notice is sent to the assailant or their representative, presenting the demand for compensation. In some cases, this may lead to a negotiated settlement without the need for prolonged legal proceedings.

Stage 4: Filing the Claim in Court

If no settlement is reached, file a formal claim in the district court or magistrates' court, depending on the amount claimed. The claim must contain a detailed description of the facts, the damages, and the amount sought.

Stage 5: Legal Proceedings and Mediation

Following filing, there is a mediation phase in which the court attempts to help the parties reach a settlement. If no settlement is reached, a hearing process begins in which both parties present their evidence and arguments.

Stage 6: Judgment and Enforcement

The court will rule on the claim and determine the amount of compensation owed. If the assailant does not pay voluntarily, the judgment must be enforced through legal collection procedures.

Typical Compensation Amounts in Assault Claims

The compensation amount in an assault claim depends on the severity of the injury, type of damages, the victim's condition, and the outcomes of medical treatment. Below is a table showing typical compensation ranges:

Important to remember: The amounts above are general ranges only, and each case is examined individually according to its specific circumstances, the victim's age, their health condition prior to the assault, and the severity of the medical and psychological consequences.

Can a Civil Damages Claim Be Filed in Addition to a Criminal Case?

Yes, absolutely. A civil damages claim and criminal proceedings are two completely separate processes. The victim can file a civil damages claim in civil court simultaneously with the criminal case, or even after the criminal case is closed. In fact, in some cases, even if the defendant is not convicted criminally, the victim can still successfully file a civil damages claim, because the standard of proof in a civil claim is lower.

National Insurance Contribution in Assault Claims

In certain circumstances, the victim can receive benefits from National Insurance (such as a pension for permanent disability, or medical payment). However, there are laws that regulate the relationship between compensation from a damages claim and National Insurance benefits. In some cases, National Insurance will recover a certain amount from the compensation you received (subrogation right). Mandelbaum, Gor, and Witzman-Gor law office handles this aspect carefully to ensure you receive the full compensation due to you while preserving National Insurance benefits.

What If the Attacker Has No Financial Means?

If the court rules in your favor but the attacker has no means to pay, legal collection procedures can be enforced, such as bank account garnishment, wage garnishment, or asset seizure. In certain circumstances, if the attacker has no means at all, you can apply to the State Compensation Fund (in certain circumstances) or to an insurance company if the assault occurred in the context of third-party liability.

Why Choose Mendelboim, Gor, Witzman-Gor & Co.?

Mendelboim, Gor, Witzman-Gor & Co. is a family boutique law firm specializing exclusively in representing plaintiffs in tort claims. Since our establishment in 2008 by Attorney Karen Mendelboim, we have accompanied injured parties through every stage of proceedings, with an emphasis on personal and dedicated service.

Our Experience: With over 18 years of experience in tort law, we are well-versed in all aspects of assault claims — from evidence collection, through damage assessment, to full representation in court. We work with physicians, psychologists, and other experts to present your case in the best possible manner.

Plaintiff Representation Only: Unlike other law firms that represent both plaintiffs and defendants, we represent plaintiffs exclusively. This means we are entirely dedicated to your benefit, with no conflicts of interest.

First Consultation at No Cost: We offer a free initial consultation, during which we will evaluate your case, explain your rights, and discuss fees and prospects of success. If we decide to work together, we will work on a contingency fee basis — we receive payment only if you win.

Located in Ramat Gan: Our office is located in Ramat Gan, at Donesh 1, with convenient access and in-person or virtual meetings according to your preference.