תוכן עניינים
By: Attorney Moshe Taieb
In a significant ruling handed down by the Supreme Court (CA 8656/23), the court set a total compensation of 1,846,953 shekels for a woman who was injured in five different road accidents over a period of six years (2005–2011). A panel of three senior judges, Justice Y. Amit, Justice Y. Willner and Justice G. Canfy-Steinitz, ruled on important principles in the field of compensation for road accident victims.
A Series of Accidents That Led to Severe Disability
Over six years (2005–2011), the woman suffered through five different road accidents. This trauma resulted in a cumulative medical disability of 40%, composed of two main components: 10% orthopedic disability and 30% psychological disability due to Post-Traumatic Stress Disorder (PTSD) and fibromyalgia. Following these injuries, the insurance company admitted its full liability in August 2015 and did not dispute the matter in court.
In our practice, we see many similar cases, in which serious physical injury leads to leaving the workplace and significant impairment of earning capacity.
The Supreme Court’s Determinations
In the ruling, the Supreme Court agreed to consider the judicial evaluation’s opinion in determining the base salary at 18,000 shekels net and a 20% reduction in earning capacity. This is a significant determination, which is important in cases where physicians and lawyers deal with difficulties in proving earning capacity damage following physical injury.
The court also stated that “determination on the issue of functional disability and earning capacity reduction is prominently at the center of weighing the judicial evaluation opinion,” and that “the intervention of the appellate court in the amount of compensation for harm will be done cautiously.” This principle is important particularly in cases where there are multiple factors contributing to the disability.
The Key Components of the Compensation
The total compensation of 1,846,953 shekels includes several components: lost wages past and future, compensation for pain and suffering, medical and treatment expenses, as well as compensation for third-party assistance. In our work, we examine each component separately to ensure the injured person receives the full compensation they deserve.
It is worth noting that the court relied on the expert opinion of a court-appointed expert. In this context, the ruling states that “the Supreme Court does not easily deviate from the opinion of a court-appointed expert.” This principle is vital in complex cases that require special professional expertise to assess the damage.
The Legal and Practical Implications of This Ruling
This ruling establishes several important principles in road accident damages law. First and foremost, it emphasizes the need for precise evidence of earning capacity damages and establishing the causal link between the accident and impairment of earning capacity. In addition, it clarifies that in cases of complex disability involving orthopedic and psychological components, a correspondingly significant compensation is warranted.
In our work, we see in this ruling a validation of our approach, which demands precise treatment in cases of disability with multiple contributing factors. This ruling clearly shows that professional legal representation and a strong legal case are the determining factors for success.
Important Recommendations for Road Accident Victims
This ruling teaches us about the importance of comprehensive medical documentation and continuous monitoring after clinical developments. When speaking of fibromyalgia or PTSD, this is even more important, since these conditions are difficult to prove due to their impact on daily function.
Every road accident victim should seek professional legal advice in the early stages. This step protects all rights and builds a quality legal case that guarantees receipt of the full compensation they deserve.
Frequently Asked Questions on Road Accident Compensation
How is earning capacity reduction calculated?
Earning capacity reduction is determined by examining the injured person’s ability to return to their previous work or alternative work, taking into account their medical condition. The examination includes a professional medical assessment of occupational fitness and examination of the effect of the disability on earning capacity.
When can compensation be claimed for pain and suffering?
Compensation for pain and suffering can be claimed in every case where the injured person suffered physical or psychological injury as a result of the accident. The compensation is determined taking into account the severity of the harm, the duration of suffering, and its impact on quality of life.
Is it possible to claim compensation for psychological treatment?
Yes. When psychological damage is caused as a result of a road accident, it is possible to claim compensation for psychological and psychiatric treatment expenses. It is important to preserve all receipts and obtain an appropriate medical recommendation.
What is the statutory time limit for filing a civil claim following a road accident?
Under the Limitations Act, a civil claim following a road accident must be filed within 7 years of the accident. However, it is recommended to file the claim as early as possible in order to preserve evidence and testimony.
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The above does not constitute legal advice. For advice tailored to the circumstances of your case, contact our firm.
