תוכן עניינים
Physical and Psychological Injuries: What Is Recognized in a Tort Claim
An accident causes not only physical injury. The psychological harm that results from a physical injury is a recognized head of damage in Israeli law. A personal injury attorney at Lev-Taieb law firm will be happy to help you assert all your rights in full.
Recognized Physical Injuries
Direct physical injury is the basis of most claims:
- Fractures and orthopedic injuries: Bones, joints, tendons.
- Head and brain injuries: Brain concussion, cranio-cervical trauma, cognitive impairments.
- Spinal injuries: Disc herniation, fractures, nerve damage.
- Soft tissue, tendon and nerve injuries: Injuries that also occur in low-speed accidents.
- Scars and aesthetic damage: Non-monetary damage of significance.
- Permanent functional disability: Daily difficulty, limitation in work.
Psychological Injury: A First-Party Head of Damage
Israeli law recognizes psychological harm as a primary head of damage. The recognized psychological injuries include:
Post-Traumatic Stress Disorder (PTSD)
This disorder includes: intrusive memories, nightmares, avoidance of reminders of the event, heightened arousal. PTSD is diagnosed by a psychiatrist and constitutes a strong basis for a claim. Compensation can be sought for the cost of psychological treatment over years, and for the impact on quality of life.
Anxiety and Chronic Pain
Generalized anxiety, fear of driving after a road accident, specific phobias that developed in the injured person as a result of the accident. Chronic pain that is not medically explicable is also recognized as psychological damage in the Israeli legal system.
Depression
Depression caused by the injury, disability, change in lifestyle, or chronic pain. Reactive depression is recognized and prevalent in Israeli tort claims.
Cynophobia After a Dog Bite
A specific phobia of dogs that limits the injured person’s life is recognized as psychological damage arising from the accident.
Pure Psychological Harm
In certain circumstances it is possible to claim psychological harm even without direct physical injury, for example when a family member witnessed an accident that harmed a close relative, or in other special circumstances.
How to Prove Psychological Damage
- Consulting a psychologist or psychiatrist close to the event, for documentation and professional diagnosis
- Ongoing documented treatment showing the persistence of damage over time
- Expert opinion of a specialist describing the severity of the disorder and the expected prognosis
- Documentation of impact on daily functioning: Work, studies, social activity
- Testimony of family members and friends describing the change that has occurred
Calculating Compensation for Psychological Injury
Compensation is based on:
- Cost of past and future psychological treatments: Based on the market price of psychological therapy in Israel.
- Impact on capacity to work: Has earning capacity declined? Has promotion been harmed?
- Impact on quality of life: Impairment to daily activities and relationships.
- Fixed disability rating if determined.
In Israeli tort claims, compensation for psychological harm alone (without physical injury) can reach 50,000–200,000 NIS. Combined with physical injury, figures are significantly higher.
Psychosomatic Pain
Psychosomatic pain is real and recognized by law. The injured person did not choose to suffer, even if the source is psychological. Israeli courts have ruled that psychosomatic pain is a damage for which a claim can be filed. Therefore, if a doctor said the pain is “psychosomatic,” that does not mean no claim can be filed.
Psychological Treatments for Which Costs Can Be Claimed
- Individual psychotherapy: Weekly or bi-weekly sessions. Price: 250–500 NIS per session.
- Psychiatry: Consultation and medication. Price: 400–700 NIS per session.
- EMDR and CBT: Focused treatments for trauma.
- Psychiatric hospitalization if required.
All of these costs can be claimed from the party responsible for the accident.
Frequently Asked Questions
I was in an accident and I suffer from nightmares and flashbacks. Is this PTSD?
Possibly. You should consult a psychiatrist for diagnosis. Symptoms of PTSD include intrusive memories, nightmares, and avoidance of reminders of the event. A formal diagnosis constitutes a basis for a claim.
How much is psychological damage worth in a claim?
There is no fixed price. It depends on the severity of the disorder, its impact on life, and the documented medical treatment. Sometimes the figure runs to tens or hundreds of thousands of shekels.
Can I claim psychological harm without physical injury?
Yes, in certain circumstances. “Pure psychological harm” can be claimed if the injured person was present at the scene and witnessed an event that harmed a close family member, or in other special circumstances.
My doctor said my pain is psychosomatic. Can I still sue?
Psychosomatic pain is real and a claim can be filed for it. The injured person did not choose to suffer, even if the source is psychological.
How many years of psychological treatment can be claimed?
The entire period required according to the treating physician’s opinion. Sometimes it spans many years. Future expected treatment can also be claimed.
What is the best evidence for psychological injury?
A combination of: professional diagnosis close to the event, systematic treatment documentation, expert opinion, and testimony on functional change. The earlier and more continuous the documentation, the stronger the claim.
Will insurance pay for psychological injury?
Yes, provided the connection between the damage and the insured event is proven. Psychiatric opinion and treatment documentation are the required proof.
For free consultation, contact a personal injury attorney at Lev-Taieb law firm. Phone: 072-2428822.
