Personal Injury and Property Damage Attorney: Tort Claims and How to Obtain Maximum Compensation
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A tort claim is one of the central tools in Israel’s civil legal system. Anyone who has been injured, physically or in their property, as a result of negligent action, is entitled to compensation from the party who caused the damage or their insurance company. The field is broad and diverse: injuries in public areas, falls in businesses, accidents at construction sites, dog attacks, damages from physical assault, property damage due to fires, floods or negligent neighbors, and more. Each case has its own damage components, and to achieve compensation that truly compensates for the damage, precise calculation and professional evidence collection are required.
At Lev-Taieb Law Firm, we have been accompanying tort victims for over 19 years. We offer flexible payment terms and handle cases of all sizes, from small cases to large district court cases.
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The Legal Basis: The Torts Ordinance
The Tort of Negligence
The tort of negligence under the Torts Ordinance (New Version) is the basis for most personal injury cases. To succeed in a claim, four elements must be proven: duty of care owed by the tortfeasor to the victim, breach of the duty of care, damage caused to the victim, and causal connection between the breach and the damage. The choice of appropriate tort affects the burden of proof, the amount of compensation and the limitation period.
Additional Torts
In addition to negligence, the Torts Ordinance recognizes torts such as assault, false imprisonment, trespass, breach of statutory duty, and many others. The choice of appropriate tort affects the burden of proof, the amount of compensation and the limitation period.
Heads of Damage: How Compensation is Calculated
Non-Pecuniary Damage (Pain and Suffering)
Compensation for pain, suffering, loss of amenities and mental anguish. The amount is determined at the court’s discretion, based on previous rulings, the victim’s age, disability percentages and duration of suffering.
Loss of Past and Future Earnings
Detailed calculation of income the victim lost from the day of injury until today, plus calculation of future loss of earnings until retirement age. The basis is the victim’s salary before the injury, indexed to inflation, taking into account promotion forecasts that were expected.
Medical Expenses
Any medical expense resulting from the injury: surgeries, medications, tests, physiotherapy, psychological treatments, medical equipment, home adaptations, and more. Past expenses are proven by receipts, and future expenses are calculated according to expert opinions.
Care and Assistance
Compensation for assistance the victim requires from family members or professionals, in daily care, housekeeping, transportation and more. Even assistance that family members provided without obligation entitles compensation.
Property Damage
Loss or damage to assets: vehicle, apartment contents, building, business equipment. Compensation includes the cost of repair or replacement, depreciation, and loss of income from damaged business.
Documented Rulings from Personal Injury Cases
- CA 52594-09-11 Jane Doe v. Ganei Yehoshua et al., horse injury in public park, compensation NIS 2,150,000
- CA 27664-05-17 Jane Doe v. Bank Yerushalayim et al., fall due to sitting on broken chair, compensation NIS 800,000
- CA 12935-01-19 Jane Doe v. Shomron Regional Council et al., head injury from electric barrier, compensation NIS 800,000
- CA 25390-06-19 John Doe v. Hof Shalvata (2002) Ltd. et al., stabbing at club, compensation NIS 600,000
- CA 26790-05-12 John Doe v. Ramat Gan Municipality et al., fall while cycling on Highway 4, compensation NIS 320,000
How to Build a Strong Tort Case?
- Immediate documentation of the incident location, witnesses and circumstances
- Collection of all medical documents and hospitalization summaries
- Expert medical opinions in relevant fields
- Actuarial opinion for calculating future loss of earnings
- Locating insurance coverage of the tortfeasor, including reinsurance policy
- Conducting negotiations with insurance companies, before and after filing a claim
Additional Areas of Expertise in Personal Injury
Alongside classic personal injury cases (falls, accidents, public injuries), we handle various specialized areas under this umbrella at our firm:
Accidents in Educational Institutions
A child injured at school, kindergarten or on a school trip. Complete guide to dual claims against student personal accident insurance and the Ministry of Education, enhanced duty of care of educational staff, and special limitation until age 21 for minors.
Property Damage
Compensation claims for damage to vehicle, private property, apartment or business equipment. Analysis of tort law, distinction between negligence and strict liability, and compensation for loss of income resulting from business damage.
Personal Injury Compensation Calculation
Comprehensive guide to calculating compensation in personal injury claims: heads of damage, future assessment, actuarial calculation, and how to maximize the final amount.
Why Choose Lev-Taieb Law Firm?
- Thousands of successful cases and personal injury cases
- 19 years of experience representing victims only, not insurance companies
- Network of medical and actuarial experts for professional opinions
- Litigation experience in all courts, from small claims to district court
- Flexible payment terms without upfront commitment
- Initial consultation without commitment
Frequently Asked Questions About Personal Injury and Property Damage
What is the limitation period for torts?
The regular limitation period is seven years from the day of injury. In claims by minors, the period is extended until age 25. In cases of damage discovered late, extension may be possible. It’s important to act early to prevent proof problems.
Is it possible to sue if there’s no insurance for the tortfeasor?
Yes. It’s possible to sue the tortfeasor personally, but in many cases they don’t have assets to collect from. Before initiating proceedings, it’s important to examine the practical chance of collection.
Is it possible to sue for a fall on the street?
A fall on a sidewalk, at an open construction site or on public property may establish a cause of action against the local authority or property owner, if negligence in maintenance is proven. These cases require rapid documentation of the incident location.
Is a fall in a store or shopping center entitled to compensation?
Yes. Business owners bear enhanced duty of care toward customers. Unmarked wetness on the floor, broken flooring, unmarked obstacles, or lack of lighting can establish grounds for a claim. Immediate documentation of the fall (photos, testimonies, contacting the person in charge) is critical.
Is injury from a dog entitled to compensation?
Yes. The Rabies Law imposes absolute liability on dog owners for any damage caused by biting. There’s no need to prove negligence, only the connection between the dog and the damage. Additionally, it’s possible to also sue the dog owner’s insurance company.
What’s the difference between compensation for property damage and compensation for personal injury?
Property damage is compensated according to repair value or replacement value, plus depreciation if relevant. Personal injury includes additional components: pain and suffering, loss of earnings, medical expenses and care assistance. Compensation for personal injury is usually significantly higher.
How long does a tort claim proceeding take?
A case ending in settlement can close within 6-18 months. A case reaching judgment lasts 2-4 years, depending on complexity and level of dispute. Proper management of medical experts and negotiations can significantly shorten the proceeding.
Is it necessary to undergo a medical examination by the insurance company?
In many cases the insurance company requires examination by a doctor on their behalf. This is their right, but not absolute. It’s important to get legal representation before agreeing to such examination, to ensure it’s conducted under fair conditions.
Is it possible to sue for physical assault?
Yes. Assault is a tort in itself. It’s possible to sue the attacker personally and in some cases also the owner of the place where the assault occurred (club, bar, event) for negligence in security.
Is my child who was injured at school entitled to compensation?
Yes. An injury at school, kindergarten or during educational activities may establish grounds against the educational authority if negligence in supervision is proven. These cases require rapid documentation of the incident circumstances. Additionally, student personal accident insurance covers accidents during school hours. Read more about accidents in educational institutions.
What is a “third party policy” and how is it relevant?
A third party policy is insurance that a property or business owner obtains to cover claims by third party victims. When suing, the tortfeasor’s insurance company enters the picture and pays the compensation. This turns the case mainly into a claim against the insurance company, not against a private individual.
Were You Injured? Contact Us Now
If you’ve been injured in personal injury or property damage, don’t give up your rights. Contact us for initial consultation without commitment or call 072-2428822. We’ll explain the chances and amounts that can be demanded. At Lev-Taieb Law Firm, 19 years of experience and Thousands of successful casesice.
