Personal accidents – when is compensation due and how do you sue the insurance company?

Personal accidents – When is compensation due and how do you sue the insurance company??

One moment that can change everything

A personal accident can happen in a split second – on your way to work, while shopping at the supermarket, or even while walking down the street. A moment of inattention, a wet floor without signage, or a reckless driver can leave you with serious injuries, heavy medical expenses, and loss of earning capacity. But not everyone knows that Israeli law grants the right to extensive financial compensation to those injured in an accident through no fault of their own.

In Jerusalem, as throughout the country, thousands of residents are injured every year in personal accidents – in traffic accidents, work accidents, slips and falls in public places, and accidents while receiving various services. The Halevi Law Firm in Jerusalem specializes in representing victims of personal accidents and helps them receive the full compensation they are entitled to by law.

In this comprehensive article, we will examine all the legal aspects of personal accidents in Israel: when compensation is due, how negligence is proven, what are the components of compensation, how to sue the insurance company, and what are the common mistakes that may jeopardize your claim.

What is considered a personal accident for the purposes of a compensation claim??

Legal definition of a personal accident

A personal accident is an unexpected event that causes physical or mental harm to a person, as a result of the negligence or wrongful act of another person or entity. According to Torts Ordinance (New Version), Anyone who wrongfully causes harm to another must compensate him.

The accident must meet several legal criteria:

• Observance of a duty of care – The defendant owes a duty of care to the injured party.
• Breach of duty of care – The defendant breached the duty of care through a negligent act or omission.
• Causal relationship – The violation directly caused the damage
• Actual damage – The victim suffered actual harm (physical, mental, or financial)

In the verdict ועקנין נ’ המועצה המקומית בית שמש, The Supreme Court clarified the test of negligence in personal accidents, and determined that it must be examined whether a reasonable person would have acted differently in the same circumstances.

Types of personal accidents common in Israel

Road accidents

Road accidents constitute the largest category of personal accidents in Israel. According to Law on Compensation for Road Accident Victims, road accident victims are entitled to special compensation based on the principle of liability without fault.

Examples:

• Accidents between private vehicles
• Injury to pedestrians or cyclists
• Bus or light rail accidents (especially common in Jerusalem)
• Falling from a motorcycle or scooter
• Car accidents due to road defects

Work accidents

according to חוק הביטוח הלאומי (נוסח משולב), התשנ”ה-1995, Injured workers In a work accident Are entitled to compensation from the National Insurance Institute. In addition, in certain cases, additional compensation can be claimed from the employer or third parties.

Examples:

• Fall from a height at a construction site
• Injury by machinery or equipment
• Accidents while transporting employees
• Occupational diseases

Slips and falls in public places

Local authorities, business owners, and property managers owe a duty of care to visitors to properties under their responsibility. In a ruling לוי נ’ צור, it was determined that a landowner owes a duty of care towards anyone who enters his property legitimately.

Common cases:

• Slipping on a wet floor in a mall or supermarket
• Falling on damaged stairs or without a railing
• Indicates a broken sidewalk
• Injury due to poor lighting
• Objects falling on customers in stores

Medical malpractice accidents

Injuries resulting from poor medical care, misdiagnosis, or botched surgery constitute a complex category of personal accidents. According to חוק זכויות החולה, התשנ”ו-1996, Medical institutions and medical professionals owe a special duty of care to patients.

Assaults and violent crimes

Victims of assaults and violent crimes are entitled to compensation under חוק לתגמול נפגעי עבירות אלימות (פיצויים), התשס”ח-2008. The state compensates the victims through the Compensation Administrator at the State Attorney's Office.

Threshold conditions: When is compensation due for a personal accident??

Proof of negligence – The basis of liability

To be entitled to compensation for a personal accident, it must be proven that the other party acted negligently. According to the Torts Ordinance, Section 35, negligence is defined as behavior that is inconsistent with the degree of caution that a reasonable person would have exercised in the circumstances of the case.

The objective test for negligence

The court examines whether:

1. There was a duty of care. – Does the defendant owe a duty of care to the plaintiff?
2. The duty of care was breached. – Did the defendant's behavior deviate from the behavior of a reasonable person?
3. Damage caused – Did the plaintiff actually suffer damage?
4. There is a causal relationship. – Was the damage caused as a direct result of the breach?

In a judgment עיריית ירושלים נ’ גורדון, The Supreme Court considered a fall accident on a sidewalk in Jerusalem, and ruled that the municipality owed a duty of care to maintain the sidewalks in a reasonable manner to prevent accidents.

The duty of care in various situations

Duty of care of property owners

Commercial property owners, local authorities, and building managers owe an increased duty of care. They are required to:

• Maintain the property in a safe condition
• Warn of known dangers
• Perform periodic inspections
• Correct defects within a reasonable time

In a judgment asלל חברה לביטוח בע”מ נ’ זילברשטיין, it was determined that the owner of a commercial center is responsible for ensuring that floors are free of slippery materials, and for placing appropriate warning signs.

Drivers' duty of care

Car drivers owe an increased duty of care due to the inherent danger of driving. According to חוק התעבורה, התשכ”א-1961, A driver owes a duty of care to other road users, especially pedestrians, cyclists, and children.

Employers' duty of care

Employers owe a duty of care to their employees and are required to provide a safe working environment. According to חוק ארגון הפיקוח על העבודה, התשי”ד-1954 ופקודת הבטיחות בעבודה (נוסח חדש), התש”ל-1970, employers are obligated to:

• Provide protective equipment
• Instruct employees about risks
• Maintain equipment and machinery
• Perform risk assessments

Causal relationship – The connection between negligence and damage

אין די בהוכחת רשלנות; יש להוכיח שהרשלנות גרמה ישירות לנזק. בית המשפט משתמש במבחן “אך לולא” – האם אך לולא הרשלנות, הנזק לא היה מתרחש?

In a judgment  קדוש נ’ בית החולים ביקור חולים, it was determined that in medical malpractice claims, the plaintiff must prove that, had it not been for the medical negligence, the damage would not have been caused or would have been caused in a less severe manner.

The obligation to reduce – Contributory negligence

In cases where the injured party himself contributed to the accident, his share of the compensation may be reduced. According to the Torts Ordinance, if the injured party's negligence contributed to his damage, the compensation will be reduced according to the injured party's share in causing the damage.

Examples of contributory negligence:

• A pedestrian crossing a road without a crosswalk
• A passenger who was not wearing a seat belt
• An employee who did not use protective equipment despite training
• A person who enters an area marked as dangerous

In a judgment מנורה חברה לביטוח בע”מ נ’ חמדאן, it was determined that a pedestrian who crossed the road in an inappropriate place contributed to his damage, and his share of the compensation was reduced accordingly.

The components of compensation: What does compensation include in a personal accident??

Bodily harm – Compensation for suffering and pain

Compensation for pain and suffering

This is compensation for the physical sensations of pain and mental stress associated with the injury. Compensation for pain and suffering is determined based on the severity of the injury, the length of the recovery period, and the mental suffering.

In a judgment דוד גולדנברג נ’ הפניקס הישראלי חברה לביטוח בע”מ, it was determined that even prolonged pain of relatively low intensity may justify significant compensation if it affects quality of life.

Factors affecting the amount of compensation:

• Severity of the injury – שברים, חתכים, שטפי דם וכו’
• Duration of the rehabilitation period – Days, weeks, months or years
• Medical treatments – Surgeries, physiotherapy, rehabilitation
• Medical complications – Infections, bleeding, side effects of medications
• Impact on daily routine – Restrictions on daily activities

Compensation for medical disability

Medical disability is the permanent impairment of the body's ability to function. Disability is determined by a specialist doctor or a medical committee, and is rated in percentages. The higher the percentage of disability, the higher the compensation.

according to תקנות הביטוח הלאומי (קביעת דרגת נכות לנפגעי עבודה), התש”ך-1956, Disabilities are graded from 0% (no disability) to 100% (total disability).

Examples of disability ratings:

• Disability 5-10% – Small scars, slight restriction of movement
• Disability 20-30% – Loss of a finger, significant limitation of joint movement
• Disability 50-70% – Loss of a limb, severe sensory impairment
• Disability 100% – Paralysis, blindness, complete loss of ability to work

Compensation for shortened life expectancy

In serious cases where the injury is expected to shorten life expectancy, additional compensation is awarded. In the judgment ביטוח ישיר חברה לביטוח בע”מ נ’ דביר, it was determined that shortening life expectancy constitutes independent damage worthy of compensation.

Loss of earning capacity

Loss of past earnings

Compensation for lost income from the time of the accident until the day of trial. This includes:

• Unpaid wages – Workdays missed due to the injury
• Loss of additions – Bonuses, commissions, overtime
• Loss of income from a business – Decrease in independent business turnover
• Out-of-pocket expenses – Sick pay that was lower than the regular salary

Loss of future earning capacity

Compensation for the long-term impact on earning capacity. The compensation is calculated based on:

• Age of the victim – Young people will receive higher compensation (more lost working years)
• profession – Impact on ability to work in current profession
• education – Ability to change profession
• Functional disability rate – The degree of impairment in the ability to work
• Loss of promotion opportunities – Harm to career advancement opportunities

In a judgment אסולין נ’ מנורה חברה לביטוח בע”מ, it was determined that compensation must also be paid for the loss of promotion opportunities, not just the loss of existing salary.

Medical expenses

Expenses already paid

• Medical treatments – tests, surgeries, hospitalizations
• Medicines and medical equipment
• Physiotherapy and rehabilitation
• Complementary therapies (acupuncture, chiropractic)
• Travel for medical treatments
• Home help or nursing care

Future medical expenses

Compensation for expected future treatments:

• Additional analyses
• Chronic treatments
• Residential accommodations (elevator, handrails, accessibility accommodations)
• Assistive equipment (wheelchair, crutches, medical bed)
• Long-term nursing care

In a judgment  שלמה אמסלם נ’ בנק הפועלים בע”מ, it was determined that future expenses expected with a high probability must be compensated for, even if they have not yet been paid.

Loss of old age pension and benefits

פגיעה ביכולת ההשתכרות משפיעה גם על הצבירה לפנסיה ולקצבת זקנה. על פי חוק גמלאות לנכי מלחמה באויב (תשי”ד-1954) ופסיקה רלוונטית, ניתן לפצות גם על אובדן קצבת זקנה עתידית.

A fragment of happiness – Compensation for damage to quality of life

Compensation for a decrease in quality of life that is not directly related to income. This includes:

• Loss of ability to engage in hobbies
• Difficulty with self-care
• Dependence on others
• Damage to family and social relationships
• Loss of enjoyment of life

In a judgment  בן דב נ’ הכשרת הישוב חברה לביטוח בע”מ, נקבע כי “שבר אושר” הוא פיצוי על הפגיעה באיכות החיים הכללית, ולא רק על הפגיעה הכלכלית.

Additional damages

aggravation

Compensation for mental suffering, shame, humiliation, or anxiety as a result of the accident.

Loss of years of life

במקרים בהם הפציעה קיצרה את תוחלת החיים, ניתן פיצוי על “אובדן שנות חיים” – הערך של החיים עצמם שאבדו.

Legal expenses

The plaintiff is entitled to reimbursement of reasonable legal expenses, including attorney fees and medical expert fees.

The legal process: How to claim compensation?

Step A‘: Documenting the accident and collecting evidence

At the time of the accident

1. Instant documentation
   
   • Photograph the accident scene from different angles.
   • Document the circumstances (weather, lighting, road conditions)
   • Record the witnesses' details.
   • Collect the other party's insurance details
2. Reporting to the authorities
   
   • In the event of a car accident – reporting to the police is mandatory if there are any injuries.
   • Work accident – immediate report to the employer and National Insurance within 12 hours (according to Torts Ordinance, Section 79)
   • Fall in a public place – report to the property owner or local authority
3. Immediate medical attention
   
   • Go to the emergency room or doctor – even if the injury seems minor.
   • Document all injuries in your medical record.
   • Request a detailed medical report
   • Keep all medical certificates and invoices.

After the accident – Preserving evidence

• Ongoing medical documentation – Any visit to a doctor, physiotherapist, or specialist
• Financial documentation – Keeping invoices for medical expenses, travel, and medications
• Recovery diary – Daily documentation of the pain, suffering, and the impact on daily life
• Additional testimonies – Witness statements, security camera footage, police reports

שלב ב’: Contacting the insurance company

Filing an insurance claim

according to חוק חוזה הביטוח, התשמ”א-1981, סעיף 24, The injured party must notify the insurance company of the accident as soon as possible, usually within 30 days.

Required documents:

• Insurance company claim form
• Accident report (police, internal company report)
• Medical documentation – certificates, test results, photos
• Expense references – invoices, receipts
• References for loss of wages – payslip, confirmation from the employer

The insurance company's response

Insurance companies are required to handle claims in good faith and with reasonable speed. According to the Insurance Contract Law, the insurer must pay compensation within a reasonable time.

Possible scenarios:

1. Acceptance of the claim – The insurance company accepts responsibility and offers compensation.
2. Partial compensation offer – Acknowledgement of liability but disagreements over the amount of compensation
3. Full rejection – The insurance company claims that there is no liability or that the injured party contributed to the accident
4. Request for additional information – Request for documentation, medical tests, or investigations

caution! The insurance company's initial compensation offer is almost always significantly lower than the compensation due. It is not recommended to accept an offer without consulting a lawyer.

שלב ג’: Negotiation with the insurance company

Negotiation strategies

An experienced lawyer knows how:

• Correctly assess the damages – Based on relevant case law and experience
• Present a reasoned claim – Includes medical opinions and supporting documents
• Dealing with the defense's arguments – To refute claims of contributory negligence or lack of causal connection
• Negotiate effectively – Knowing when to compromise and when to insist

In a judgment  מנורה מבטחים ביטוח בע”מ נ’ סלומון, it was determined that an insurance company that denied a claim in bad faith may be considered to have suffered additional damage.

Detailed demand letter

A quality demand letter includes:

• A detailed description of the accident and the circumstances
• Details of injuries and medical treatments
• Detailed calculation of damages (including loss of wages, medical expenses)
• Quote relevant ruling
• Reference to laws and regulations
• Demand for compensation in a certain amount

שלב ד’: Filing a lawsuit in court

When to file a claim?

If negotiations with the insurance company do not lead to a settlement, a claim must be filed in court. important! There is a time limit for filing a claim:

• Road accidents – 7 שנים מיום התאונה (על פי חוק ההתיישנות, התשי”ח-1958)
• Other accidents – 7 years from the date of the accident (same law)
• Work accidents – 12 months to file a claim for National Insurance

To which court??

• Magistrate's Court – Claims up to 2.5 million NIS
• District Court – Claims over 2.5 million NIS
• The Labor Court – Claims related to a work accident against the employer

The statement of claim

The statement of claim must include:

• The facts of the accident in detail
• Legal claims – negligence, causation
• Description of damages and injuries
• Demand for relief – compensation amounts by components
• Attaching documents – affidavits, opinions, medical documentation

שלב ה’: The legal process

Steps of the procedure

1. Filing a lawsuit
2. Filing a defense – The defendant's response to the lawsuit
3. Document disclosure – Both parties disclose relevant documents
4. Affidavits of first witness – Written testimonies of the parties and witnesses
5. Cross-examinations – Interrogating witnesses in court
6. Expert opinions – Medical examinations, financial opinions
7. Summaries – Each party presents its legal arguments
8. verdict

Duration of the procedure

• Simple bags – 1-2 years
• Complex cases – 3-5 years
• Cases with appeals – up to 7-10 years

Possibility of compromise at any stage: A settlement can be reached at any stage of the procedure. Most cases (about 80%) end in a settlement before the verdict.

שלב ו’: The verdict and execution

The content of the court's ruling:

• Is the defendant responsible for the accident?
• Degree of liability (100% or less if there is contributory negligence)
• The amount of compensation according to each component
• Linkage and interest
• Legal expenses

Collecting the money

If the defendant or the insurance company does not pay voluntarily:

• Filing an enforcement case
• Seizure of bank accounts
• Asset foreclosure
• Orders preventing departure from the country (in extreme cases)

according to חוק ההוצאה לפועל, התשכ”ז-1967, Various measures can be taken to enforce the judgment.

Common challenges and how to deal with them

A claim of contributory negligence on the part of the insurance company

Insurance companies will try to claim that the injured party contributed to the accident in order to reduce the compensation. Examples:

• “לא חגרת חגורת בטיחות”
• “הלכת על המדרכה תוך כדי שימוש בטלפון”
• “לא שמת לב לשילוט אזהרה”

How to cope?

• Gathering evidence that refutes the claim
• Eyewitness testimonies
• Expert opinions (e.g., a traffic accident expert)
• Relying on a ruling that rejected similar claims

In a judgment קסוס נ’ אופק חברה לביטוח בע”מ, a contributory negligence claim was rejected in a case where the insurance company claimed that the injured party should have foreseen the danger.

Objection to the amount of compensation

Insurance companies will usually argue that the compensation sought is excessive. They will try to:

• To downplay the severity of injuries
• Claiming that the disability is lower
• Appeal the rate of loss of earning capacity
• Claim that medical expenses are excessive

How to cope?

• Detailed medical opinions from expert doctors
• Accurate documentation of all expenses
• Comparison to similar rulings
• Proving the need for future treatments

The insurance company is evading liability.

In some cases, insurance companies will try to deny liability altogether. Common claims:

• “לא הייתה תאונה אלא תקלה קיימת”
• “התאונה לא הייתה בתחום הכיסוי הביטוחי”
• “הפוליסה לא הייתה בתוקף”
• “הנפגע לא דיווח בזמן”

How to cope?

• Thorough examination of the policy
• Objective evidence of the accident (police reports, witnesses, cameras)
• Proof of timely reporting
• Legal claims under the Insurance Contract Law

In a judgment  כלל חברה לביטוח בע”מ נ’ מזל, it was determined that an insurance company that did not act in good faith in examining a claim will be liable for additional compensation.

Proving causality in complex cases

In complex cases, such as medical malpractice or occupational diseases, it is difficult to prove that the damage was caused specifically as a result of the alleged incident.

How to cope?

• Detailed medical expert opinions
• Scientific studies supporting the connection
• הוכחת “אובדן סיכוי” – גם אם לא ניתן להוכיח בוודאות, ניתן לפצות על אובדן הסיכוי להימנע מהנזק

In a judgment עמותת בית חולים “בני ציון” נ’ רפאל בן טובים, נקבעה תורת “אובדן הסיכוי” שלפיה ניתן לפצות על אובדן סיכוי לתוצאה טובה יותר גם אם לא ניתן להוכיח בוודאות קשר סיבתי.

Consent to the insurance company's medical specialist

The insurance company will usually require that the injured party be examined by a doctor on its behalf. It has the right to do so, but:

• You are entitled to be accompanied by your lawyer.
• The test should be conducted at a reasonable place and at a reasonable time.
• There is no obligation to sign any additional documents beyond consent to the inspection.
• You are entitled to receive a copy of the opinion.

Important tip: It is not recommended to go to the inspection alone. A lawyer or representative can ensure that the inspection is carried out properly and that the data is accurate.

Common mistakes that could jeopardize your claim

Failure to immediately report the accident

One of the most common mistakes is not reporting immediately to the authorities or the insurance company. Late reporting may:

• jeopardize the validity of the claim
• To create doubts about the occurrence of the accident
• Difficulties in collecting evidence

recommendation: Report the injury to the relevant authorities immediately, even if the injury appears minor.

Failure to seek immediate medical attention

רבים נמנעים מפנייה לחדר מיון או לרופא כי “זה לא נראה חמור”. זו טעות חמורה:

• Delaying treatment may worsen the medical condition.
• The insurance company will claim that the injury was not serious.
• Lack of immediate medical documentation makes it difficult to prove a connection to the accident

recommendation: Seek medical attention immediately, even if you feel fine. Some injuries, such as head injuries or soft tissue injuries, may not become apparent until hours or days later.

Receiving the insurance company's initial compensation offer

The initial compensation offer from the insurance company is almost always significantly lower than the compensation due. Insurance companies rely on:

• Lack of knowledge of the victim
• Desire to end the matter quickly
• Financial pressure on the victim

In a judgment פלוני נ’ הראל חברה לביטוח בע”מ, The court increased the compensation three times compared to the insurance company's initial offer.

recommendation: Do not accept an offer without consulting an experienced attorney.

Signing documents without understanding

Insurance companies sometimes request signatures on various documents:

• Waiver of future claims
• Agreement for final compensation
• Permissions to access medical information

caution! Signing a waiver may prevent you from suing in the future, even if additional injuries or complications are discovered.

recommendation: Do not sign any document without consulting a lawyer.

Lack of proper documentation

Many do not document properly:

• Medical expenses
• Doctor visits
• Sick days and lost wages
• The daily pain and suffering

recommendation: Keep a neat file with all invoices, certificates, and documents. Document the pain, the impact on daily life, and the treatments in a diary.

Inappropriate behavior on social networks

Insurance companies review social media profiles to look for inconsistencies. Posting photos of physical activities, trips, or social events can contradict claims about the severity of the injury.

recommendation: Be careful with social media posts during the recovery and lawsuit period.

Comparison between car accidents and other accidents

Road accidents – Special liability regime

Car accidents benefit from a special legal regime:

Advantages:

• Liability without fault – According to Torts Ordinance, Section 76, there is no need to prove negligence on the part of the offending driver (in many cases)
• Compulsory insurance – Every vehicle is insured, which ensures that someone will pay.
• Longer time limit – 7 years to file a claim
• Road Accident Victims Fund – In cases of a runaway driver or uninsured vehicle

Disadvantages:

• Limited compensation ceiling in compulsory insurance (although it is possible to claim more than this)
• Claim procedure through the National Insurance Institute in certain cases

Work accidents – National Insurance and other claims

Through the National Insurance:

• Eligibility for disability pension
• Injury benefit
• One-time injury benefit
• Vocational rehabilitation

Another claim from the employer: In cases of gross negligence, the employer can be sued separately for:

• Additional compensation beyond National Insurance benefits
• Damages not covered by National Insurance

In a judgment ע”א 2226/95 מדינת ישראל נ’ איליה, it was determined that an employee may sue his employer in addition to his rights from National Insurance in the event of gross negligence.

Other accidents – A claim based on damages

Other accidents (falls, assaults, medical malpractice) require proof of full negligence. The plaintiff must prove:

• Duty of care
• Breach of duty
• Causal relationship
• Actual damage

The process is more complex and requires professional legal assistance.

The role of the lawyer in a personal accident

What does a lawyer do in a personal accident case??

Legal advice and representation

• Case evaluation and chances of success
• Advice on rights and options
• Negotiating with the insurance company
• Representation in court if necessary

Evidence collection and investigations

• Collection of medical documents
• Organizing expert opinions
• Locating witnesses and taking statements
• Event recovery

Calculating damages

• Assessment of loss of earning capacity
• Calculating future medical expenses
• Disability and happiness assessment
• Comparison to a similar ruling

Management of the legal process

• Filing a lawsuit
• ניהול המו”מ השיפוטי
• Handling document disclosure
• Cross-examinations

How to choose a personal accident lawyer?

Selection criteria

1. Specialization in the field – A lawyer specializing in personal injury and accidents
2. Experience – Number of years of experience and number of cases handled
3. reputation – Reviews, recommendations, and judgments obtained
4. availability – Is the lawyer available for questions and updates?
5. transparency – Clear explanations of fees and expenses

Fees – Different models

• Percentage of compensation – בדרך כלל 15-25% מהפיצוי שיתקבל (בתוספת מע”מ)
• business hours – Payment by the hour (less common in tort cases)
• Minimum fee + percentage – Fixed payment + percentage of compensation

Important tip: בתיקי נזיקין, רוב עורכי הדין עובדים על בסיס “אחוז מהפיצוי”, מה שאומר שאתם לא משלמים אלא אם זוכים בפיצוי.

Case studies and examples

Case 1: Car accident with serious injury

The facts: Yael, 35, was driving to work when a driver rear-ended her while she was stopped at a red light. Yael suffered a fractured vertebra in her spine, underwent two surgeries, and was diagnosed with a disability of 30%. Before the accident, she worked as a graphic designer earning 15,000 NIS per month. After the accident, her ability to work decreased by 50%.

The lawsuit:

• Pain and suffering – ₪250,000
• Medical Disability (30%) – ₪180,000
• Loss of future earning capacity – ₪1,200,000 (calculated based on 30 years of remaining work)
• Past and future medical expenses – ₪150,000
• A fragment of happiness – ₪100,000
• total: ₪1,880,000

The result: After negotiations, the insurance company agreed to compensation of NIS 1,650,000.

Case 2: Falling in the supermarket

The facts: David, 68, entered a supermarket in Jerusalem. Near the vegetable refrigerator, he slipped on a puddle of water that had accumulated from dripping vegetables. He fell and suffered a hip fracture. David underwent surgery, was hospitalized for two weeks, and underwent rehabilitation for 6 months. His disability was determined at 15%.

The lawsuit:

• Pain and suffering – ₪120,000
• Medical Disability (15%) – ₪90,000
• Medical expenses – ₪80,000
• A fragment of happiness – ₪50,000
• total: ₪340,000

Supermarket protection: He claimed that the puddle was small and that the robber should have paid attention.

The result: The court ruled that the supermarket was liable for 80%, and that David contributed 20% to the accident due to lack of attention. The compensation awarded: NIS 272,000 (80% of the amount requested).

Case 3: Work accident at a construction site

The facts: Ahmed, 42, worked as a laborer on a construction site in Jerusalem. While working at a height of 4 meters, the scaffolding collapsed and he fell. Ahmed suffered a severe head injury, multiple fractures, and was diagnosed with a disability of 75%. He is unable to work in the future.

Rights from National Insurance:

• Monthly disability pension
• One-time injury benefit
• Vocational rehabilitation

Another claim from the employer: Ahmed's lawyer proved that the employer failed to provide safe scaffolding, failed to conduct safety training, and failed to provide protective equipment as required.

result: The Labor Court ruled for additional compensation of NIS 2,500,000 from the employer, in addition to the rights from National Insurance.

In a judgment פלוני נ’ פלוני, it was determined that in the event of a serious violation of safety regulations, the employer is liable for full compensation, even beyond National Insurance.

Frequently Asked Questions 

Should you consult a lawyer even if the injury seems minor??

answer: Absolutely. Injuries that seem minor at first may turn out to be more serious over time.

Additionally, a lawyer can ensure that you receive the full compensation you deserve, even for minor injuries. An initial consultation is usually free, so there is no reason not to consult.

How long does the compensation claim process take??

answer: The process varies depending on the complexity of the case. Simple cases that end in a settlement can be completed within 6-12 months. Complex cases that go to court may take 2-5 years, and in cases of appeals – even longer.

Do I have to accept the insurance company's offer??

answer: No. You do not have to accept the initial offer, and in most cases it is not recommended. Insurance companies usually offer significantly lower compensation to save money. A lawyer can negotiate and obtain higher compensation.

What happens if I partially contributed to the accident??

answer: In the case of contributory negligence, the compensation is reduced according to your part in causing the damage. For example, if it is determined that you contributed 20% to the accident, the compensation will be reduced by 20%. However, you are still entitled to compensation for the remaining 80%.

Do I have to pay a lawyer if I don't win the case??

answer: זה תלוי בהסכם שכר הטרחה. ברוב תיקי הנזיקין, עורכי הדין עובדים על בסיס “No Win No Fee” – כלומר, אם לא זוכים בפיצוי, אין צורך לשלם שכר טרחה (אך עשויות להיות הוצאות כמו אגרות ושכר מומחים שיידרשו).

Can I also sue for emotional damage??

answer: Yes. Mental harm includes anxiety, depression, post-trauma, and impairment of quality of life. Mental harm must be proven through a psychological or psychiatric opinion. In a judgment גמליאל נ’ מלמד, it was determined that compensation can be provided for mental damage even without physical injury.

When does a claim for compensation begin to run out of time??

answer: according to חוק ההתיישנות, התשי”ח-1958, The statute of limitations is 7 years from the date of the accident. However, it is recommended to file a claim well in advance so as not to lose evidence and witnesses.

Can I sue if the accident was my fault??

answer: Generally, if the accident was entirely your fault, you will not be able to claim compensation from others. However, in many cases there is joint liability – meaning that even if you contributed to the accident, you may be entitled to partial compensation.

How compensation for loss of future earning capacity is calculated?

answer: The compensation is calculated according to a formula that takes into account:

• Monthly salary before the accident
• Percentage of decline in earning capacity
• Number of years of work expected until retirement
• Discounting and linkage rates

for example: A 40-year-old person who earned 10,000 NIS per month and was diagnosed with a 50% decrease in earning capacity is expected to receive compensation of approximately 1,000,000-1,500,000 NIS for loss of future earnings (depending on the exact calculation formula).

Can a claim be reopened if the injuries have worsened??

answer: If you have signed a final waiver, the claim generally cannot be reopened. Therefore, it is important not to close a claim until your medical condition has fully stabilized. If you have not signed a waiver, you may be able to sue for new aggravation or complications, but this depends on the circumstances of the case.

What is the difference between compulsory insurance and comprehensive car accident insurance??

answer:

• Compulsory insurance – Covers bodily injury to other victims (not yours). Every vehicle must be insured with compulsory insurance.
• Comprehensive insurance – Also covers property damage, theft, and bodily injury to the driver himself. This is authorized insurance.

If you are injured in a car accident, compensation will come from the at-fault driver's compulsory insurance (or from your comprehensive insurance in some cases).

Is there compensation for loss of enjoyment of life??

answer: כן. זה נקרא “שבר אושר” והוא מפצה על ירידה באיכות החיים – כמו אובדן היכולת לעסוק בתחביבים, קושי בטיפול עצמי, או פגיעה ביחסים חברתיים ומשפחתיים. הפיצוי נקבע בהתאם לחומרת הפגיעה והשפעתה על החיים.

conversion: Why it's important to act quickly?

A personal accident is a traumatic event that affects all areas of life – health, livelihood, family, and future. But your rights to compensation are not automatic, and they require prompt and professional action.

Do not hesitate to seek legal advice immediately after the accident.:

✅ Preserving evidence – Evidence disappears, witnesses forget, and the scene of the accident changes
✅ Protecting your rights – Insurance companies act quickly to minimize compensation
✅ Maximizing compensation – Professional representation ensures fair and full compensation
✅ Peace of mind – You can focus on recovery while the lawyer takes care of the legal aspects

Halevi Law Firm – Personal Accident Experts in Jerusalem

Halevi Law Firm in Jerusalem Specializing in representing personal accident victims and tort claims, we provide professional, personal, and dedicated legal service with a deep understanding of the unique needs of each client.

Our services include:

• Free initial consultation – Examining the case and the chances of success
• Full representation with insurance companies – Negotiation and litigation management
• Medical escort – Assistance in obtaining expert opinions and assessing damages
• Representation in court – Managing the legal process until compensation is received
• Availability and transparency – Regular updates and direct communication

Why choose us??

✔️ Rich experience – Years of experience in handling complex tort cases
✔️ Focused specialization – Focusing on personal accidents and torts
✔️ High success rate – Most of our clients receive significant compensation
✔️ Personal approach – Each case receives personal and professional attention

Summary

A personal accident can change your life in an instant, but you don’t have to deal with the consequences alone. Israeli law grants the right to fair compensation to those injured as a result of the negligence of others. Compensation includes many components – pain and suffering, disability, loss of earnings, medical expenses, and impairment of quality of life.

The success of the lawsuit depends on several factors:

• Accurate documentation of the accident and injuries
• Seek immediate medical attention.
• Effective negotiation with the insurance company
• Professional legal representation

Don't settle for less than you deserve. Contact To the Halevi Law Firm In Jerusalem for initial consultation Real Estate Lawyer in Jerusalem Free, and let us help you get the fair compensation you deserve.

Contact us

Useful links

• Ministry of Justice – General information about rights and legal procedures
• National Insurance – Rights of victims of work accidents and traffic accidents
• Bar Association – Information about lawyers and legal services
• The courts – Information about legal proceedings and rulings
• Nevo – Case Law Database – Database of laws and court decisions
• National Road Accident Authority – Statistics and information about road accidents

Legal Disclaimer: This article provides general information only and does not constitute legal advice. Each case is unique and requires individual advice. For legal advice tailored to your case, contact the Halevi Law Firm in Jerusalem.

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