Tort Liability in Petach Tikva — Complete Legal Guide

What is Tort Liability?

Tort liability is a legal obligation of one person to compensate another person for damage caused to them, whether physical injury, property damage, or financial loss. In Israeli legal terminology, this is also referred to as a "civil tort" — this is the claim filed by the injured party in court against the tortfeasor. Tort liability is based on a fundamental principle in law: whoever causes damage must remedy it, meaning they must pay financial compensation that reflects the loss and suffering incurred.

In the context of Petach Tikva and its surrounding area, tort liability covers a wide range of cases: traffic accidents, workplace accidents, public negligence (for example, a fall due to a broken step in a public area), property damage, and any case where a person or entity caused damage to someone else.

Mandelboum, Gor, Witzman-Gor and Co. law firm has represented injured parties in tort claims since its establishment in 2008. We understand that each case is unique, and every injured party requires dedicated and professional representation to defend their rights.

The Primary Components of Tort Liability

For tort liability to arise, three basic components must be present:

• Tort (Action or Omission): The tortfeasor committed an act or failed to commit an act that they should have performed. Example: a driver who ran a red light and caused an accident, or a building owner who failed to maintain stairs and they collapsed.
• Actual Damage: The injured party suffered significant damage — bodily injury (injuries, illness, death), property damage (vehicle damage, broken items), or financial loss (medical expenses, loss of income).
• Causal Connection: There is a direct link between the tort and the damage — meaning the damage occurred because of the tortfeasor's action or omission, not due to something else.

If any one of these three components is missing, tort liability will not arise. For example, if a person falls due to a cause unrelated to the negligence of the property owner, there will typically be no liability.

Types of Damages in Tort Claims

In a tort claim, the injured party can sue for various types of damages:

• Bodily Injury Damages: Any damage related to harm to the injured party's body — injuries, illnesses, pain, suffering, loss of earning capacity, and so on. Bodily injury damages are often the central issue in traffic accident and workplace accident claims.
• Property Damage: Damage to the injured party's property — a vehicle damaged in an accident, broken equipment, destroyed clothing, and the like.
• Financial Damages: Direct expenses incurred as a result of the tort, such as medical bills, treatments, medications, transportation expenses for medical examinations, and so forth.
• Loss of Income: Money the injured party did not earn because they cannot work due to the damage.
• Pain and Suffering: Compensation for the physical and psychological suffering experienced by the injured party as a result of the accident.

In a comprehensive tort claim, the injured party can sue for several of these types of damages simultaneously, each according to their specific circumstances.

The Difference Between Tort Liability and National Insurance

It is important to understand that there is a significant difference between a tort claim and a pension from national insurance. When a person is injured in a work accident or traffic accident, they may receive a pension from national insurance — this is money from a state social security fund. However, this does not prevent them from suing the person who caused the damage in a damages claim.

In a tort claim, the injured party sues the person who caused the damage (or their insurance company) for full compensation for the damage caused. The compensation is calculated according to the degree of negligence of the person responsible, the extent of the damage, and other factors considered by the court. In some cases, the injured party may receive both national insurance benefits and compensation from a tort claim, although there are legal mechanisms that prevent "double recovery."

Mandelboim, Gor, and Witsman-Gor Law Office helps injured parties understand their rights in both areas — both in submitting a request to national insurance and in filing a tort claim against the person responsible. Often, both processes occur simultaneously, and it is important to manage them in coordination.

The Tort Claim Process in Petach Tikva

When an injured party wishes to file a tort claim, the process typically includes the following steps:

1. Collection of evidence and materials: Photographing the accident scene, gathering witness statements, police reports (if relevant), medical examinations, and complete medical documentation of the injuries.
2. Collaboration with a physician: Often, a professional medical assessment of the extent of the injury is required, including additional examinations and expert opinions.
3. Negotiation with the insurance company: If the person responsible is insured (which is the case in most situations), the injured party will contact their insurance company and file a claim. The insurance company will review the claim and attempt to reach a settlement.
4. Filing a claim in court (if necessary): If no settlement is reached with the insurance company, the injured party (through their attorney) will file a formal claim in the district court or magistrate's court, depending on the amount of the claim.
5. Case management in court: The process includes filing pleadings, presenting evidence, court hearings, and so on until the judge's final ruling.

Each step in this process requires deep legal knowledge and experience in handling tort claims. Mandelboim, Gor, and Witsman-Gor Law Office represents injured parties at every stage of the process, from the first day after the accident until final compensation is received.

Negligence Factors and Division of Liability

In a tort claim, it is very important to prove that the person responsible was negligent — that is, they acted carelessly or without due attention. Additionally, in some cases, negligence is not on one side alone. For example, in a traffic accident, both the at-fault driver and the other driver may have been negligent to some extent. In such cases, the court determines "percentages of negligence" — what percentage of responsibility is placed on each party.

If the injured party themselves was negligent to some extent (for example, they were not wearing a seatbelt), the court may reduce the compensation in accordance with the percentage of their negligence. This is called "comparative negligence" or "shared liability."

Proving negligence requires presenting strong evidence, eyewitness testimony, documentation, and expert opinions in certain cases. This is an area where legal experience and deep knowledge are critical.

Rights of the Injured Party in a Tort Claim

The injured party in a tort claim has important rights that are critical to understand:

• Right to Full Compensation: The injured party is entitled to compensation that covers all damages caused by the wrongful act — bodily injury, property damage, financial losses, lost income, and pain and suffering.
• Right to Legal Consultation: The injured party has the right to representation by an attorney specializing in tort law who can advocate for their rights before the court and insurance companies.
• Right to Evidence and Documentation: The injured party can demand evidence and documentation from the tortfeasor, the insurance company, and other relevant parties related to the claim.
• Right to Independent Medical Assessment: In claims involving bodily injury, the injured party can request an independent medical evaluation to establish the extent of the damage.
• Right to Interest and Legal Costs: In certain cases, the court may order the tortfeasor to pay interest on the compensation and cover the injured party's legal expenses.
• Right to Appeal: If the injured party is dissatisfied with the court's decision, they have the right to appeal to a higher court.

The Mandelboim, Gor, and Witzman-Gor law firm upholds all of these rights on behalf of the injured party and works to achieve the highest possible compensation in the shortest possible timeframe.

Common Mistakes Made by Injured Parties

Based on our experience of over 18 years representing injured parties, we have observed recurring mistakes that injured parties make and which should be avoided:

• Failure to Report to National Insurance: Some injured parties do not report the accident to National Insurance in a timely manner. It is important to do so as soon as possible, as this affects the right to benefits and allowances.
• Signing Settlement Agreements Without Legal Advice: Insurance companies often offer quick settlements that do not reflect the true value of the claim. It is important to consult with an attorney before signing any agreement.
• Failure to Collect Evidence at the Scene: In the first days following an accident, it is crucial to photograph the scene, collect witness statements, and preserve all relevant documentation.
• Lack of Medical Follow-Up: Injured parties sometimes do not receive proper medical treatment or fail to continue treatment. This can affect the assessment of damages and the compensation amount.
• Delay in Filing a Claim: There are time limits (statute of limitations) for filing a tort claim. It is important to file a claim on time to preserve your rights.

In our initial consultation with the injured party, we explain these common mistakes and help plan the case correctly from the beginning.

Compensation Amount in a Tort Claim

The compensation amount in a tort claim depends on many factors, and there is no fixed formula. Generally, the court considers:

• The extent of physical injury — percentage of disability, loss of earning capacity, life expectancy.
• The age of the injured party and their expected future income.
• The nature of the injury and the type of medical treatment required.
• Emotional suffering and diminishment of quality of life.
• The percentage of negligence of the tortfeasor (if comparative negligence applies).
• Additional factors such as family status, earning capacity, and anticipated future expenses.

Often, compensation awards in tort claims range widely — from tens of thousands to millions of shekels, depending on the duration and severity of the injury. In our initial consultation with the injured party, we assess the claim and explain the expected range.

Why Choose Mandelbom, Gor, Witzman-Gor Law Firm in Petah Tikva?

Mandelbom, Gor, Witzman-Gor & Co. is a boutique family law firm specializing in torts, real estate and real property law, and civil-commercial law. Established in 2008 by Attorney Karen Mandelbom, we have since represented injured parties in tort claims throughout Petah Tikva, Ramat Gan, and the entire central region.

In the field of torts, we specialize in representing plaintiffs only — this means we work exclusively with injured parties and claimants, never with tortfeasors or insurance companies. This creates a clear alignment of interests — we are always on the side of the injured party, period.

Our experience since 2008 to the present encompasses dozens of cases involving traffic accidents, workplace accidents, public negligence, and insurance claims. We have strong familiarity with the courts, maintain good relationships with insurance companies, and know how to manage a case efficiently from start to finish.

We believe in personalized and dedicated service to each client. When you come to us, you are not a number in a file — you are a person who has been through something difficult and needs help. We handle your case personally, keep you informed at every stage, and ensure you understand all decisions made on your behalf.

Your first consultation with us is at no cost. In this meeting, we listen to your story, evaluate your claim, explain your rights, and propose a clear action plan.

Our office in Petah Tikva is located at 8 Yoni Netanyahu Street. You can visit us during office hours, or we can meet you at a time that is convenient for you.