Bodily Injury – Types of Personal Injury and the Legal Basis for Compensation Claims
What is a personal injury claim??
Claims for personal injury deal with cases in which physical or mental harm is caused to a person due to the act or omission of another person.
The main need in any claim is to prove:
Existence of actual harm
Causal relationship between the event and the damage
ה”except” האחראי לנזק יכול להיות:
Private person
Commercial company
Local authority
Governmental body or public institution
Below is an overview of the main types of bodily harm in Israeli law.
Bodily injuries in road accidents
Claims for traffic accidents are regulated by a unique law – The Law on Compensation for Road Accident Victims (הפלת”ד).
The uniqueness of the law is that:
There is no need to prove guilt or negligence.
It is sufficient to prove that bodily harm was caused by Use of a motor vehicle
The law applies to:
Drivers
Passengers
Pedestrians
Cyclists and certain vehicles
Compensation is provided by the insurance company depending on the bodily harm:
Pain and suffering
Wage losses
Medical expenses
Impairment of earning capacity
Bodily injuries in work accidents
Another key group is Work accident victims, which were affected:
During work
Due to work
Or on the way to and from
These victims are entitled to compensation from the National Insurance Institute, in accordance with the National Insurance Law, including:
Injury compensation
Determining the degree of disability
Allowances and compensation in accordance with the ceilings set by law
When the damage exceeds the compensation from the National Insurance Institute, a tort claim can be filed against the employer in cases of:
negligence
Breach of safety duty
Failure to meet labor standards
Bodily injury due to the negligence of another person
Another common type of bodily injury results fromGeneral negligence, such as:
Evidence of a broken sidewalk – lawsuit against the local authority
Slipping on a wet floor in a mall, hotel, or store
Injury to a child at school due to a safety hazard
Falling in a public area that is not properly maintained
In these cases, it must be proven:
Existence of a duty of care
Breach of duty
Causal relationship to damage
Actual harm (physical or mental)
Bodily injury due to medical negligence
Particularly serious bodily injury may result fromMedical malpractice, meaning:
Providing medical treatment contrary to accepted medical standards
Incorrect or late diagnosis
Negligent treatment
Failure to provide required treatment
Medical malpractice may cause severe and sometimes irreversible physical and mental damage, and requires professional legal support and assistance with appropriate medical opinions.
Summary and recommendations
The field of personal injury includes a wide range of legal situations, each of which has unique rules, laws, and case law.
Proper management of a personal injury claim – from the medical documentation stage to the management of the legal process – may have a significant impact on Amount of compensation Let it stop.
In cases of bodily injury, it is recommended contact early לTort Lawyer in Jerusalem, in order to fully exercise the rights granted to the injured party by law.
* The article is not a substitute For advice Legal matters by a lawyer. The above provides general information only, and does not constitute binding legal advice.
Lawyer in Jerusalem for personal injuries and damages
