By: Attorney Michael Lev

Compensation for Injured Children: Average Wage at Time of Injury

An important court ruling in the field of personal injury and property damage established a fundamental principle regarding the calculation of compensation for children injured in road accidents: compensation for future lost income must be based on the average wage at the time of injury, without any reference to the victim’s anticipated future profession, family background, or ethnic origin. The ruling also imposed a strict prohibition on the use of discriminatory statistical data in calculating damages.

Case Overview

A minor was injured in a road accident and the case came before the court to determine the appropriate compensation, including compensation for future lost earnings. A central dispute arose regarding the method to be used for calculating future income loss for a child who has not yet entered the workforce – particularly whether the calculation should be based on statistical averages or on specific projections linked to the child’s background, ethnicity, or expected profession.

Legal Principles and Court Analysis

The court examined the principles underlying compensation for personal injury under Israeli tort law, focusing particularly on the calculation of future lost earnings for minors. The court articulated the following key principles:

• Uniform average wage standard: When calculating future lost earnings for a child, courts must use the national average wage at the time of the injury as the baseline. This applies regardless of the child’s gender, ethnic origin, religion, or anticipated profession.
• Prohibition on discriminatory statistics: The use of statistical data that varies by gender, ethnicity, or sector – which historically produced lower awards for women and for members of certain ethnic or religious groups – is strictly prohibited. Such data perpetuates structural discrimination and cannot serve as a basis for judicial compensation.
• Equality principle: Every child, regardless of background, is presumed to have equal potential and equal right to compensation calculated on a consistent, non-discriminatory basis.
• Time of injury as reference point: The average wage relevant to the calculation is that prevailing at the time of the injury, not at the time of the trial, though adjustments for inflation and economic changes may apply.

The court held that applying different wage statistics to different children based on their background is incompatible with the principles of equality enshrined in Israeli law and with fundamental human dignity. All injured children are entitled to the same baseline calculation.

Practical Implications for Road Accident Injury Claims

1. Document the injury immediately – preserve all medical records, hospital reports, and expert opinions from the time of the accident and throughout recovery.
2. Challenge discriminatory compensation proposals – if an insurer or the opposing party proposes a compensation calculation that uses gender-based or ethnicity-based wage statistics, object to this approach and demand a recalculation based on the national average wage.
3. Obtain independent expert opinions – economic and actuarial experts can assess the proper calculation of future lost earnings based on the applicable legal standard.
4. Act within the limitation period – claims for personal injury in road accidents in Israel are subject to limitation periods. Consult an attorney promptly.
5. Consult a personal injury attorney – compensation calculations for injured children are complex and require expert legal representation to ensure the full and proper award.

Frequently Asked Questions

Contact Lev-Taieb Law Firm

If your child was injured in a road accident and you need expert legal representation to ensure they receive full and proper compensation, the attorneys at Lev-Taieb Law Firm are here to help. With 19 years of experience in personal injury litigation, we offer flexible payment terms and professional, compassionate service.

Call now: 03-XXXXXXX

Related topics: Insurance Claims | National Insurance | Case Results

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