Heads of Damage in a Tort Claim: What the Compensation Includes

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Heads of Damage in a Tort Claim: What the Compensation Includes

When injured in an accident, compensation is not limited to covering medical treatment costs alone. Israeli law recognizes a series of heads of damage that can be claimed. A personal injury attorney at the Lev-Taieb firm will help you receive full compensation.

The Main Heads of Damage

1. Medical Expenses

These include all expenses that were and will be required for treating the injury:

  • Emergency room treatment.
  • Surgeries.
  • Physiotherapy and rehabilitation.
  • Medications.
  • Psychological treatments.
  • Expected future medical expenses.

2. Loss of Income

Compensation for lost work days, including:

  • Salary not received during the period of incapacity.
  • Loss of business profits.
  • Future loss due to disability that reduced work capacity.

3. Functional and Medical Disability

Temporary disability (during the recovery period) and permanent disability (remaining after recovery) are assessed by specialist physicians and serve as the basis for compensation.

4. Pain and Suffering

Compensation for the physical and mental suffering caused as a result of the injury. This does not require proof of monetary expenses.

5. Assistance and Rehabilitation

Costs of assistance for the injured person with daily activities they are unable to perform independently.

6. Travel Expenses

Travel to medical treatments.

7. Aesthetic Damage

Compensation for scars, deformity, or change in external appearance.

8. Loss of Enjoyment of Life

Impairment of hobbies and leisure activities as a result of the injuries.

How Compensation Is Calculated

Each head of damage is calculated separately, and then the totals are summed. Reduction is possible due to the negligence contribution of the injured party.

Common Questions

Is it possible to claim for pain without medical evidence?

Yes, but medical evidence significantly strengthens the head of damage for pain and suffering.

How do self-employed workers prove loss of income?

By means of account books, tax reports, and client statements.

What is meant by “medical disability”?

A fixed percentage determined by an expert physician, reflecting the extent of the injury to the body.

Is the compensation subject to tax?

Generally, compensation in a tort claim is not subject to income tax. It is recommended to consult with an accountant.

What if future damages are not yet known?

The court may award compensation for anticipated future damages, even if they have not yet materialized.

For free consultation, contact the personal injury attorney at the Lev-Taieb firm. Phone: 072-2428822.

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