תוכן עניינים
By: Adv. Michael Lev
Landmark Ruling in Road Accident Damages: Supreme Court Raises Compensation for Young Victim
In July 2025, the Supreme Court accepted an appeal in part and added 280,000 NIS to the compensation awarded to a young road accident victim. The ruling reflects an important approach to calculating compensation for young accident victims and clarifies when the court may deviate from expert opinion.
Case Facts and Background
The appellant, born in 1989, suffered severe injuries in a road accident on May 5, 2017, when she was 28 years old. During the judicial proceedings, the court appointed six experts to determine the extent of her disability. Their findings were highly significant: a weighted medical disability of 69.39% and a functional disability of 70%, indicating a serious injury to her capacity to work and function.
At our office, we handle many cases of this kind, and from our experience we know that cases like this demonstrate just how critical legal protection is for young victims with significant future earning potential.
The Key Dispute Regarding Compensation
Two main issues stood at the center of the decision: establishing the salary base for calculating the compensation, and the future expenses that should be covered. The appellant worked as a kindergarten assistant but also planned to study teaching, which directly affected the court’s assessment of her views.
To understand the decision, it is important to note that compensation for loss of future income is not calculated solely on the basis of the current salary at the time of the accident. In this calculation the court weighs the earning potential she could have achieved in the future. Here, the appellant’s young age and her professional intentions were decisive factors.
Legal Principles at the Basis of the Decision
This ruling is grounded in several key principles in the field. First, determining the level of functional disability remained in the hands of the judicial panel, which has broad discretion on this issue. The Supreme Court generally does not intervene unless there is a serious deviation from the norm.
Second, in order to deviate from an expert opinion appointed by the court, a specific and well-reasoned justification is required. This rule preserves the integrity of the hearing process and public confidence in the judicial system.
Third, when calculating future compensation, the victim’s age and capacity to earn in the future must be taken into account. When dealing with young victims, special weight may be given to their career plans and professional advancement potential.
How the Court Reached Its Decision and Outcome
The Supreme Court found that the salary basis should be raised, taking into account three factors: the appellant’s young age at the time of the accident, her earning potential in the future, and her plans to complete studies in education. The court’s determination was a thorough understanding of the damage the accident caused to the appellant’s professional future.
Regarding future expenses, the court determined that given her young age, her high functional disability rate (70%) and the type of disabilities she sustained, the amount awarded by the lower court was lacking. This gap was filled by adding 280,000 NIS to the compensation.
Implications for Young Road Accident Victims
For young road accident victims and their legal advisors, this ruling carries significant weight. It attests to the importance of raising arguments about future earning potential, and not settling for a calculation based solely on the current salary. At our office, we make sure to thoroughly examine all the important factors for calculating compensation: study plans, career opportunities, and every other factor related to the victim’s future.
In addition, it is clear from the ruling that the courts do not shut their doors to requests for raising compensation amounts where there is a strong factual basis, especially when dealing with young victims whose lives have been turned upside down as a result of the accident.
Common Questions
How Is Compensation for Loss of Future Income Calculated?
This calculation is based on multiple factors: base salary, potential for a salary increase in the future, the rate of functional disability, and the victim’s age. When dealing with young victims, their study plans and career prospects are also taken into account.
In What Cases Is It Possible to Challenge an Expert Opinion?
To challenge an expert opinion appointed by the court, a serious and well-detailed reason is required. This generally occurs when new medical findings emerge or when the expert opinion does not match the clinical findings in practice.
How Does the Victim’s Age Affect the Amount of Compensation?
In general, a younger age leads to higher compensation, because a longer working period lies ahead and the earning potential that has not yet been realized is greater. In addition, the young victim requires services and treatments for many years.
What Is Included in Compensation for Future Expenses?
This compensation covers medical treatments, rehabilitation, nursing assistance, medical equipment, home and vehicle adaptations, and any additional expenses that are directly and foreseeably linked to the injury and disability.
For legal advice at no obligation, please contact our office today.
The above is not legal advice. For personal legal advice, please contact our office.
