What is a Damages Claim in Petah Tikva?

What is a Tort Claim? Definition and Principles

A tort claim is a legal action filed by a person (the injured party or plaintiff) against another person (the defendant) to obtain monetary compensation for damage sustained. The damage can be physical (bodily injury), property damage (damage to a vehicle or other property), or economic loss (lost income, medical expenses). Tort law in Israel is based on a fundamental principle: any person who causes damage to another through negligence or intentional wrongdoing must pay compensation. In other words, if you are harmed by a traffic accident, workplace accident, or public negligence, you have the legal right to sue the person or entity responsible for the damage.

A tort claim differs from a criminal claim. In a criminal action, the state prosecutes a person for committing a crime (such as reckless driving), and if convicted, the person may be imprisoned. In a tort claim, by contrast, the injured party themselves sues the person responsible for the damage, and a court judgment requires the defendant to pay money as compensation. Both actions can occur in parallel: a person can be convicted criminally while simultaneously being liable for civil compensation.

Types of Damages in Tort Claims

Under Israeli tort law, damages are divided into several main categories:

• Personal injury damages (bodily injury): any physical injury to a person's body — fractures, burns, wounds, head injury, paralysis, and the like. Personal injury damages also include physical suffering and pain, considered "non-pecuniary damage," but also actual medical expenses (examinations, treatments, medications, rehabilitation).
• Property damages: damage to a vehicle, house, furniture, or any other property. In a traffic accident, for example, damage to a vehicle is considered property damage that can be claimed.
• Economic damages (lost income): if the injury prevents you from working or earning, you can claim for lost income. For example, if you are injured in an accident and unable to work for three months, you can claim the income lost during that period.
• Loss of future earning capacity: if the injury results in permanent disability that will reduce your ability to earn in the future, you can claim for this loss.
• Non-pecuniary damages (Moral Damages): emotional suffering, mental anguish, loss of enjoyment of life, social difficulties, and the like. These are damages that are difficult to measure in monetary terms, but the court may award compensation based on them.

Who Can File a Tort Claim?

Any person harmed by damage resulting from the act or omission of another person can file a tort claim. The injured party is typically the plaintiff, but in certain cases — such as the death of the injured party — family members or heirs may file a claim. In traffic accidents, the plaintiff is typically the driver or passenger who was injured. In workplace accidents, the plaintiff is the injured worker. In public negligence claims (for example, an accident due to a hole in the road), the plaintiff is the injured party and the defendant is the public entity (municipality, roads authority, etc.).

What Must Be Proven in a Tort Claim?

To succeed in a tort claim, the plaintiff (injured party) must prove three main things:

1. The action or omission of the defendant: you must prove that the defendant did something (or failed to do something) that caused the damage. In a traffic accident, for example, you must prove that the other driver drove negligently.
2. Actual damage: you must prove that actual damage occurred — bodily injury, property damage, lost income, etc. This proof may be a medical report, repair invoice, doctor's testimony, etc.
3. Causal Connection Between the Action and the Damage: It must be proven that the damage occurred because of the defendant's action, not because of another factor. This is a causal connection — if the accident had not occurred, the damage would not have happened.

Additionally, in Israeli tort law, there is a principle of "fault" — the defendant must have acted negligently or intentionally. If the defendant did everything necessary to prevent the damage, but the damage still occurred due to an external factor (such as an unforeseen technical malfunction), then the defendant has no obligation to pay compensation.

Damages Claim Process: Steps and Timelines

A damages claim goes through several stages. Essentially, the process begins with an attempt to reach a settlement with the defendant (sometimes through their insurance company), and in most cases, every claim concludes with a settlement. However, if no agreement is reached, the claim can proceed to court.

Stage 1: Evidence Collection and Legal Consultation

When you are injured in an accident, the first stage is to collect evidence. In traffic accidents, this includes photographs of damage, police reports (if available), dashcam footage, and witness statements. In workplace accidents, this includes the accident report from your employer. In any case, you must preserve all medical documents, invoices, and receipts. Early legal consultation is very important — an attorney with experience in tort law can help you understand your rights and guide you on how to collect evidence properly.

Stage 2: Send a Letter of Demand

Typically, an attorney will send a formal letter to the defendant (or their insurance company) detailing the damages, the compensation amount requested, and the evidence supporting the claim. This letter is called a "Letter of Demand." The defendant usually has time to respond — typically 14 to 30 days. In many cases, the defendant or their insurance company will respond with a settlement offer.

Stage 3: Negotiation and Settlement

In most cases (approximately 85-90% of claims), the parties reach a settlement without the need for full court proceedings. This negotiation may take weeks or months, depending on the complexity of the case. An experienced attorney will know what amount is reasonable to claim, what concessions to make, and how to conduct effective negotiations. In insurance claims, the insurance may pay part or all of the claim, depending on the policy terms.

Stage 4: Filing a Claim with the Court (If No Settlement Is Reached)

If no settlement is reached, an attorney will file a formal claim with the court. Typically, damages claims are filed with the District Court (if the claim amount is high) or the Magistrate's Court (if the claim amount is lower). The claim will contain a detailed description of the damages, the evidence, and the compensation amount requested.

Stage 5: Court Proceedings and Discovery of Evidence

After filing the claim, there will be court proceedings. Both parties will disclose evidence to each other (documents, photographs, testimonies). There may be preliminary hearings in court to attempt to reach a settlement. Generally, the court will offer settlement at this stage, since a full trial is expensive and time-consuming.

Stage 6: Trial and Judgment

If the claim does not conclude with a settlement, it will proceed to trial. During the trial, both parties will present their arguments, evidence, and witness testimonies. The judge will hear both parties and render a decision. The judgment will determine whether the defendant is liable for the damages and how much compensation they must pay. A trial can take months or years, depending on the court's workload and the complexity of the case.

Stage 7: Enforcement of the Judgment

After a judgment is rendered, the defendant must pay the compensation. If they do not pay, the plaintiff can take additional legal steps to enforce the judgment (such as bank account garnishment or asset seizure).

Statutes of Limitations

It is important to know that there is a deadline for filing a damages claim. Typically, in traffic accidents and workplace accidents, there is a three-year period from the date of the accident to file a claim. In certain cases, there may be shorter or longer periods, depending on the type of claim. If you do not file a claim within the timeframe, you will lose your right to sue. Therefore, it is very important to consult with an attorney early.

How Much Money Can You Receive in a Damages Claim?

The amount of compensation in a damages claim depends on the type and severity of the damage. There is no fixed amount — each case is examined individually. However, there are general guidelines that the court uses to determine compensation.

Types of Compensation

Financial Damages (Special Damages): These are compensations for actual expenses — medical bills, vehicle repairs, transportation costs, medications, etc. These are calculated precisely based on receipts and invoices.

Loss of Income Compensation: If the damage prevented you from working, you can claim for lost income. This is calculated based on your salary before the damage, multiplied by the number of days or months you were unable to work.

Loss of Future Earning Capacity: If the damage caused permanent disability, you can claim for future income loss. This is usually calculated as a percentage of your annual income, multiplied by the years of remaining work until retirement (usually until age 67).

Non-Pecuniary Damages (General Damages): These are compensations for emotional suffering, pain and anguish, loss of enjoyment of life, social difficulties, etc. The court uses statistical data and tables to determine the compensation amount. For example, a 20% bodily disability may entitle you to compensation within a certain range, depending on age, employment, and the extent of impact on daily life.

Compensation Tables and Legal Guidelines

The Supreme Court has published tables and doctrine for calculating compensation for non-pecuniary damages. The tables vary according to the percentage of disability, the age of the injured party, marital status, and employment. For example, an injured party aged 30 with a 30% disability may receive higher compensation than an injured party aged 65 with the same level of disability, because the younger injured party has many more years to live with the disability. These tables are updated from time to time to reflect changes in cost of living and economic conditions.

Examples of Compensation Ranges (General Description)

In a traffic accident with bodily injuries that are minor (for example, a neck injury with no permanent disability), compensation may be in the range of tens of thousands of shekels. For moderate injuries (for example, a broken arm with full recovery), compensation may be in the range of tens of thousands of shekels. For serious injuries (for example, permanent disability of 50% or more), compensation can reach hundreds of thousands of shekels or more. For fatal injuries (death), compensation to family members can be substantial. However, each case is different, and the amount of compensation depends on the specific details of the case.

Impact of Liability Percentages on Compensation

It is important to know that if the claimant (the injured party) was themselves partially responsible for the damage (for example, driving carelessly), the court may reduce the compensation according to the percentage of the claimant's liability. This is called "Comparative Negligence". For example, if the claimant was responsible for 20% of the damage, the compensation will be reduced by 20%. Therefore, it is very important to prove that the defendant was primarily responsible for the damage, not the claimant themselves.

Why Choose Mandelbaum, Gor, and Witzman-Gor Law Office in Petach Tikva?

The law office of Mandelbaum, Gor, Witzman-Gor & Partners, Attorneys at Law, specializes in tort law and has represented claimants exclusively since 2008. The firm's founder, Attorney Keren Mandelbaum, established the office with a clear directive: to represent only injured parties and claimants, never defendants. This means we work exclusively for the victim, without any conflict of interest.

This boutique law office offers personalized and dedicated attention to each client. We are not a large firm handling dozens of cases simultaneously — we focus on each case meticulously, understand your unique circumstances, and work to secure you the full compensation you deserve. We have two branches — Petach Tikva and Ramat Gan — to be closer to more injured parties in the city and surrounding areas.

Mandelbaum Law Office handles all types of tort claims: traffic accidents, workplace accidents, public negligence, insurance claims, national insurance claims, and property damage claims. We work with physicians, investigators, and experts to build a strong case on your behalf. We also handle real estate and civil-commercial claims, so if you have other legal needs, we can help.

Free Initial Consultation: We offer a free initial legal consultation, so you can discuss your claim with an experienced attorney without obligation. In this meeting, we will listen to you, investigate the circumstances, explain your rights, and tell you what we can do for you.

We are located at our Petach Tikva branch at: 8 Yoni Netanyahu Street, Petach Tikva. You can call us, send an email, or visit for a meeting at your convenience.