Wrongful Death Guide — Dependents' Claim

Wrongful Death — What You Need to Know About Dependents' Claims

The death of a family member in a traffic accident or workplace accident is a profound trauma, often accompanied by complex legal and financial questions. In these circumstances, the family has significant legal rights — both under general tort law and under National Insurance legislation. A dependents' claim is the primary legal tool that allows family members (spouses, children, parents, and other relatives) to file a demand for financial compensation from the party responsible for the accident or their insurance company.

This guide explains the basic concepts, the rights of dependents, the process of filing a claim, calculation of compensation, and related benefits. It is important to understand that each case is unique, and the guidelines provided here are general information only — personalized legal advice tailored to the specific circumstances of your case is essential.

Who is Considered a "Dependent" Under Law?

Under Israeli tort law, a "dependent" is a person who was financially dependent on the deceased at the time of death. The list includes:

• Spouse — the spouse of the deceased (in marriage or registered partnership under the Couples Law).
• Children — sons and daughters of the deceased, including children born after death (under certain conditions).
• Parents — if they were financially dependent on the deceased at the time of death.
• Other relatives — siblings and any other person who was financially dependent on the deceased, under certain conditions.

Financial dependency is the central criterion. To prove dependency, evidence must be presented such as payroll stubs, support agreements, or proof that the deceased funded a substantial portion of the person's living expenses.

Types of Damages in Dependents' Claims

A dependents' claim typically includes two main categories of damages:

• Loss of Future Income — compensation for income the deceased would have earned in the future, which the dependents would have received from them. This is calculated according to the deceased's age at death, life expectancy, wage growth rate, and the portion the deceased would have transferred to dependents.
• Housing and Maintenance Expenses — in some cases, dependents are entitled to compensation for housing and maintenance expenses that the deceased funded. This depends on the circumstances and the degree of dependency.

Additionally, dependents may be entitled to benefits from National Insurance, such as survivors' pension, rehabilitation benefits, and allowances for children until a certain age.

The Process of Filing a Dependents' Claim — Key Steps

Filing a dependents' claim involves several legal and administrative steps. Understanding the process helps the family prepare and know what to expect at each stage.

Step 1: Information Gathering and Evidence Collection

Before filing the claim, comprehensive information must be gathered about the deceased, the dependents, and the circumstances of the accident. This includes:

• Official death certificate.
• Police report of the accident.
• Medical or pathological report on the cause of death.
• Payroll stubs of the deceased from recent years.
• Statements regarding type of employment and income expectations.
• Evidence of financial dependency of each dependent (receipts for shared expenses, witness statements, etc.).
• Documents proving family relationships (marriage certificates, birth certificates, etc.).

This collection is essential for creating a strong foundation for the claim.

Step 2: Filing a Claim in Court

The claim is typically filed in a magistrates' court or district court, depending on the amount of damages. The claim must include:

• Details of the deceased and dependents.
• Description of the accident and allocation of liability.
• Detailed calculation of damages.
• Supporting evidence.

At this stage, an attorney with experience in tort law is essential to ensure the claim is properly drafted and contains all necessary legal arguments.

Step 3: Response of the Defendant (Insurance Company or Tortfeasor)

After filing the claim, the defendant (usually the tortfeasor's insurance company) files a response. In this response, the defendant may acknowledge part of the damages or dispute part or all of it. At this stage, negotiation on the amount may begin.

Step 4: Negotiation and Settlement

In most cases, the claim does not reach trial. Instead, the parties participate in negotiation proceedings, often mediated by the courts. At this stage, an experienced attorney can achieve a better settlement by presenting strong evidence and persuasive legal arguments.

Step 5: Trial (If No Settlement is Reached)

If no settlement is reached, the case goes to trial. At trial, the court hears evidence from both sides and decides on the final compensation amount. This decision may be appealed.

Calculation of Survivor Benefits — How the Amount is Determined

The calculation of compensation in a dependents claim is a complex mathematical and legal process. Generally, the court uses a formula that calculates the deceased's annual income, deducts his personal expenses (such as food, clothing, personal entertainment), and multiplies the figure by his remaining working years until retirement age (typically 67 years).

Factors Affecting Compensation Calculation

• Age of the deceased at death — A younger deceased means more potential working years and therefore higher compensation.
• Income of the deceased — Higher income means higher compensation (assuming it would have continued in the future).
• Expected rate of wage growth — The court considers the anticipated growth in income over the years.
• Degree of dependency of each dependent — If a dependent relied on only part of the income, the compensation will be less than 100% of the income.
• Age of the dependents — Younger children are entitled to a longer period of benefits.
• Personal expenses of the deceased — This amount is deducted from the compensation, as the deceased would not need to incur these expenses.

Hypothetical Calculation Example

Suppose a 45-year-old deceased with a monthly income of 15,000 shekels was the sole breadwinner of a family with two children. Assuming he was expected to work until age 67 (22 remaining working years), and he spent approximately 3,000 shekels monthly on himself, his income available to dependents was approximately 12,000 shekels per month. Assuming an annual growth rate of 2%, the damage calculation involved multiplying this amount by the remaining working years, taking into account actuarial assumptions (life expectancy, interest rate, etc.). The final amount could be several hundred thousand shekels.

National Insurance Benefits

In addition to the civil claim, dependents may be entitled to benefits from national insurance:

• Survivor's pension — A monthly pension for a spouse of the deceased.
• Children's allowance — A monthly allowance for children up to age 18 (or up to 21 if in secondary education).
• Rehabilitation benefit — A one-time support for a short period following death.

It is important to note that these benefits are not deducted from the civil compensation — dependents can receive both.

Comparison Table — Different Scenarios in Dependent Claims

Each fatal accident case is unique. The table below presents different typical scenarios to give you a general idea of how various factors affect compensation:

Important Note: The amounts above are general estimates only. Actual compensation depends on the specific details of each case, including evidence of financial dependency, allocation of liability in the accident, actuarial data, and various legal approaches. Each case is examined on its own merits.

Why Choose Mendelbaum, Gor, Witzman-Gor & Co. for Representation in a Dependents Claim?

At Mendelbaum, Gor, Witzman-Gor & Co., we specialize in representing claimants in tort law since 2008. Over more than 18 years, we have developed deep expertise in wrongful death claims, dependents claims, and damages for surviving dependents. Here is what sets us apart:

In-Depth Experience in Dependents Claims

We have handled dozens of dependents claims arising from traffic accidents and workplace accidents. We understand both the complex emotional circumstances and the nuanced legal details. We know how to calculate damages accurately, how to negotiate with insurance companies, and how to present your case most persuasively.

Representation of Claimants Only

Unlike many law firms that represent both tortfeasors and claimants, we represent claimants only in tort matters. This means there is no conflict of interest and all of our investment is on your behalf. We do not need to balance competing interests.

First Consultation Meeting at No Cost

We believe that everyone is entitled to quality legal advice without paying money upfront. At our first meeting, we listen to your story, explain your rights, and offer an action plan. You are under no obligation to continue with us if you do not feel comfortable.

Expertise in Damages Calculation and Legal Precision

Calculating damages in a dependents claim is both a science and an art. We use accurate actuarial data, reasonable and lawful assumptions, and the ability to advocate for you before the court. Every calculation we make is based on evidence and proven legal approaches.

Comprehensive Support Beyond Legal Matters

We understand that the loss of a loved one is trauma. We do not just handle the legal aspects — we also assist with administrative matters, guide you through the process of obtaining national insurance benefits, and provide personal support and assistance when needed.

Convenient Location in Petah Tikva and Ramat Gan

Our office is located in Petah Tikva (Yoni Netanyahu 8) and at an additional branch in Ramat Gan (Donash 1). We are conveniently located for residents of the central area and you can reach us easily. We are also available for phone or video meetings, for your convenience.