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Tort Claims: Tips for Maximising Your Rights and Compensation

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A tort claim is a legal proceeding in which a person seeks monetary compensation for harm caused to their body, property or rights as a result of a civil wrong committed by another party. Where the claim is based on the tort of negligence — the most common cause of action in [tort law](https://he.wikipedia.org/wiki/%D7%93%D7%99%D7%A0%D7%99_%D7%A0%D7%96%D7%99%D7%A7%D7%99%D7%9F) — the claimant must prove four cumulative elements: the existence of a duty of care, breach of that duty (negligence), actual damage, and a causal link between the breach and the damage.

Compensation may include tangible items such as medical expenses and loss of earnings, but also pain, suffering and impairment of quality of life. The claim may be brought against private individuals, companies, employers or public authorities, and also takes into account the contributory negligence of the injured party.

There are also exceptional cases in which it is possible to claim without proving economic loss — such as defamation, invasion of privacy or infringement of copyright. The legislature has deemed these rights sufficiently important to provide for pre-determined compensation even where the damage is difficult to quantify in monetary terms. The court examines the severity of the act and determines the amount of compensation accordingly.

But between us — no one plans to be injured. It happens in a single moment: an accident, a fall, a medical procedure that goes wrong, and suddenly you are dealing not only with pain but also with questions you never thought you would have to ask: who is responsible? Am I entitled to compensation? Where does one even begin? When should you approach a [lawyer specialising in tort law](https://www.lawreviews.co.il/search/torts)?

This review is intended to bring order to the legal thicket of the world of tort law. In the understanding that these are momentous times, we have distilled for you the critical information that will help you understand your rights and protect them in the most professional manner possible.

## **Proving Damage in a Tort Claim — How Is Damage Proved?**

It is not enough to tell the court what you went through — concrete evidence must be brought. Unlike a criminal proceeding, the threshold here is lower. It is not necessary to prove beyond reasonable doubt, but only on the "balance of probabilities". In simple terms: the judge must be satisfied that it is more likely that the event occurred than that it did not.

What evidence is required?

Complete medical documentation: an expert opinion, MRI scans, visit summaries. If there is financial loss, pay slips, expense invoices and sometimes an economist's opinion calculating future losses will be needed. If there is documentation from the event itself — photographs, witness statements, a police report — this will significantly strengthen the case.

## **A Tort Claim Without Proof of Damage**

In most claims it is necessary to prove actual damage, but in certain areas such as defamation, invasion of privacy and copyright infringement, the legislature has established pre-determined compensation.

It is still necessary to prove that the violation occurred, but quantifying it in monetary terms is not required. The court examines the severity of the act and determines the amount accordingly; where there is malicious intent, the compensation will be higher.

## **A Civil Tort Claim**

Where someone has harmed you — physically, in your property or financially — you are entitled to claim compensation from them. The defendant may be a private individual, a company or a public authority.

Compensation may include loss of earnings, medical expenses and also pain and suffering. The claim must be filed within 7 years of the date of the event, and in exceptional cases where the damage is discovered at a later stage, the period may be extended to 10 years.

## **Tort Claim Compensation — What Types of Compensation Exist?**

Compensation in a tort claim is divided into two main types:

Pecuniary damages — matters that can be quantified in monetary terms, such as:

* Medical expenses — hospitalisations, tests, medications, physiotherapy.
* Past and future loss of earnings and reduction in earning capacity.
* Third-party assistance — nursing care, help at home, a driver.
* Property damage and accessibility adaptations — an adapted vehicle, home renovation.

Non-pecuniary damages — matters that are difficult to quantify in monetary terms:

* Physical pain and suffering.
* Psychological injuries — post-traumatic stress disorder, anxiety, depression.
* Impairment of quality of life — limitations on functioning, loss of independence, ongoing frustration.
* Loss of enjoyment of life — sports, travel, hobbies that are no longer possible, and more.

The judge determines the amount of compensation according to the severity of the injury, the age of the injured party, the impact of the injury on their life, and medical and psychological opinions — which is why it is extremely important to present detailed and persuasive documentation.

**Important tip:** the court operates on the principle of "if you did not ask, you will not receive". If a particular head of compensation is not specified in the statement of claim, the court will not award it in your favour, even if you are entitled to it.

## **Limitation Period for Tort Claims — What Is the Final Deadline for Filing?**

Limitation is a procedural bar: the final deadline by which a claim may be filed. After that point, even if you are entirely in the right, the court will dismiss the claim at the threshold stage.

The basic rule: 7 years from the date of the event giving rise to the cause of action.

Important exceptions worth knowing:

If the damage was discovered later — such as medical negligence that came to light years after the treatment — there are 7 years from the date of discovery.

For minors, the time calculation begins only at age 18 and runs until age 25.

For insurance claims under a policy you have purchased — life insurance, property insurance or disability insurance — the limitation period is only 3 years. In 2020 an amendment to the Insurance Contract Law came into force, under which the limitation period is 5 years rather than the previous 3. The amendment does not apply retroactively; health, nursing care and similar policies issued from 25.11.2020 onwards carry a limitation period of 5 years.

## **Tort Claims — Road Traffic Accidents**

Road traffic accidents are one of the areas in which the legislature has significantly eased the position of injured parties. Road traffic accidents are governed by the Road Accident Victims Compensation Law, which provides as follows.

Basic rule: every person injured in an accident — pedestrian, driver or passenger — is entitled to compensation even if they themselves were at fault for the accident. This applies to medical expenses, loss of earnings, pain and suffering, and disability.

Against whom is the claim brought?

If you are a pedestrian — against the insurer of the vehicle that struck you.

If you were in a vehicle — against the insurer of the vehicle you were travelling in.

And if the offending driver was uninsured, or hit and ran — there is a special fund called "Karnit" that pays the compensation.

What should you do immediately after the accident?

Document everything: a [police report](https://www.gov.il/he/service/traffic-accident-notice), photographs, witness details, medical examinations.

For compulsory third-party insurance claims, you have 7 years from the date of the accident to file a claim, and for insurance under private policies, 3 years. The sooner documentation is made and legal advice is sought, the greater the chances of maximum compensation.

## **Tort Claims — Work Accidents**

Injured in a work accident? You have dual rights — through the National Insurance Institute and by way of a claim against the employer.

What does one receive from the National Insurance Institute?

Every person injured in a work accident — whether at the workplace or on the way to or from it — is entitled to injury benefit as compensation for loss of income at a rate of 75% of the average wage in the three months preceding the accident, for a period of up to 91 days.

In the case of permanent disability exceeding 9%, a one-time grant is paid; above 20%, a monthly pension is payable.

When is it advisable to also bring a claim against the employer?

Where the employer acted negligently — for example, failing to secure scaffolding, supplying defective equipment or breaching safety laws — in such and other cases it is possible to file a tort claim that will also encompass pain and suffering, future loss of income and third-party assistance.

It is important to know that there is no double recovery. Sums received from the National Insurance Institute are set off against the compensation, but in most cases the claim is still worthwhile. You have 7 years from the date of the accident to file.

## **Tort Law — Medical Negligence**

Not every medical error constitutes negligence. In order to bring a claim, four matters must be proved: that there was a duty of care, that the doctor deviated from what a reasonable doctor would have done in the same situation, that real damage was caused, and that there is a direct causal link — meaning that but for the error, the damage would not have occurred. Filing a statement of claim requires an expert opinion to verify these matters.

Common examples of medical negligence: negligence in treatment or diagnosis — a delayed diagnosis of a critical condition such as cancer or a stroke, a surgical error, an incorrect medication dosage, premature discharge from hospital, failure to refer to a specialist when necessary, and a lack of documentation that led to harm. Absence of informed consent — even if the treatment was carried out properly, if the risks involved or the alternatives were not explained and the risk materialises, this may constitute negligence by reason of violation of the patient's autonomy.

Against whom is the claim brought?

It is possible to bring a claim against the doctor personally or against the medical institution — a health fund or a hospital — and sometimes against additional parties as well.

It is important to know: a medical opinion in support of the claim must be attached. Without medical proof the court will dismiss the claim. You have 7 years from the moment the damage is discovered and in certain cases up to ten years, but the longer the wait, the harder it is to preserve evidence. In any event, a claim cannot be brought if more than 10 years have passed from the date of the event.

Legal representation by a [lawyer specialising in medical negligence](https://www.lawreviews.co.il/search/medical-malpractice) is an essential condition for the full realisation of your rights and for obtaining the highest possible monetary compensation in the circumstances of the case.

## **Tort Claims Against Municipalities, Authorities and the State**

A municipality or local authority is responsible for maintaining the public realm: pavements, roads, lighting, parks. If you were injured due to its negligence, you have a cause of action.

Examples of negligence?

An unrepaired pothole in a pavement, non-functioning street lighting, a slippery floor without a warning sign, dangerous play equipment in a public park — any situation of which the municipality was aware, or ought to have been aware, and failed to address. The cause of action arises when there is a genuine hazard.

The state may also bear liability when a public servant or government body acts negligently.

Common examples: unreasonable use of force by a police officer, medical negligence in a government hospital, a maintenance defect on an inter-urban road, and more.

Please note: in certain claims against the state — in particular those involving damage caused in conflict zones — there is an obligation to send advance notice; it is important to check this before filing a claim.

What should you do?

Immediately document photographs and witness details. Send a formal letter of claim to the authority. If they reject the approach or offer low compensation, file a claim in court. You have 7 years to file, and the sooner documentation is made, the better the evidence.

## **Tort Claims Against the Ministry of Education**

A school is not merely a place of learning — it also bears responsibility for the safety of its pupils. Where something occurs due to negligence, a claim may be brought. Not every fall constitutes negligence; the question of whether adequate supervision was exercised will be examined.

Common examples:

A child injured during a break without sufficient supervision. A case of violence during school hours that the teachers were aware of and failed to prevent. Broken and dangerous play equipment in the schoolyard. A school trip organised inadequately, lacking supervisors or failing to comply with safety guidelines. An injury in a physical education lesson or a laboratory due to defective equipment or lack of instruction.

Every claim requires proof that the school owed a duty of care, that it breached that duty, that damage was caused and that there is a direct causal link. If the injured party is a minor, there is time until they reach the age of 25 to file.

It is important to note that pupils are generally insured against personal accidents through the local authority, with 24/7 cover, and this may be claimed in addition to the tort claim against the Ministry of Education.

## **Claims in the Private, Commercial and Neighbour Sphere**

Business owners and homeowners are obliged to maintain the safety of visitors — in a shop, an office, a car park, a residential building. A wet floor without a sign, stairs without a handrail, a faulty lift — all of these constitute negligence.

Please note: the court examines not only the fault of the property owner but also your contribution to the accident. Did you ignore a warning sign? Were you using your phone while walking? The compensation may be reduced accordingly to reflect your contributory negligence.

### **A Tort Claim Against a Building Committee**

A building committee is responsible for the common property — the stairwell, lift, car park, garden. If it was aware of the problem, received reports of it and failed to act, there is a cause of action.

### **A Claim Against a Hotel**

Hotels too owe a duty of care towards their guests: a wet floor without signage, a faulty lift, a pool without a lifeguard — all of these constitute negligence.

In every case — document immediately, send a warning letter before approaching the court, and you have 7 years to file.

## **The Tort Claim Process**

Gathering evidence: collect photographs, witness statements, medical documents, expert opinions. Approach a lawyer for advice and an assessment of the prospects of the claim. At this stage it is important to understand the realistic prospects.

Prospects are high when there is strong evidence and well-documented damage; moderate when there is a dispute about the causal link; and low when there is a lack of evidence.

Filing the claim: a warning letter is sent to the defendant, followed by a detailed formal statement of claim with all medical documents, expert opinions and the precise sum being claimed. Claims of up to 2.5 million shekels are filed in the Magistrates' Court; above that — in the District Court. The defendant has 60 days to file a defence.

Hearings and judgment: disclosure of documents between the two parties, cross-examination and expert testimony, and at the conclusion — a settlement or a judgment. Compensation is received on average after 12–24 months. The court fee is between 1% and 2.5% of the claim amount. In personal injury claims, the fee is not calculated as a percentage of the claim amount; instead, a fixed low fee is paid upon opening the file, with the balance paid at the end of the proceedings.

To maximise the chances of success, it is important to approach a professional and experienced tort lawyer as early as possible. They will guide and accompany you throughout the entire process — from filing the claim through to receiving the compensation.

Remember: the difference in compensation between a properly managed claim and one that is filed inadequately can be very significant. Do not give up what is rightfully yours. Early approach, meticulous documentation and professional representation — these are the foundations of a successful claim. Every passing week may harm the evidence, witness accounts and your prospects.

## **A Tort Lawyer — When to Approach and How to Choose?**

Almost always when there is a suspicion of negligence that has caused damage, approach a [recommended lawyer](https://www.lawreviews.co.il/) who is consistently trusted by clients. The more time passes, the harder it becomes to reconstruct what happened — witnesses forget details and medical documentation becomes less precise.

A good lawyer does three things: assesses what you are genuinely entitled to; prevents mistakes in dealings with the insurance company; and connects you with the right experts — doctors, assessors, economists.

When choosing a firm, it is important to examine:

Specialisation and experience in personal injury matters — many years of practice and complex cases; reputation and client recommendations; and fee arrangements.

At the first consultation, pay attention to the quality of the explanations: does the lawyer explain your rights clearly? Do they present a clear plan of action? A good lawyer will not intimidate you with legal jargon but will make the process accessible and explain precisely what to expect at each stage.

In summary: a tort claim makes it possible to receive compensation for damage to your body, property or financial rights. It is necessary to prove a duty of care, its breach, damage and a causal link. Timely documentation, professional representation and approaching at the right time are the key to success.

Tort Claims: Tips for Maximising Your Rights and Compensation — LawReviews

Find out how to file a tort claim for negligence or an accident, how to prove the harm suffered, and what compensation you are entitled to for pain, suffering, and loss of earning capacity.

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