Best Torts Lawyers

You are at a critical juncture requiring important legal decisions. Before you is a comprehensive list of recommended personal injury attorneys nationwide.

The field of torts, also known as 'tort law', is a broad and complex legal field whose primary purpose is to restore the injured party's economic and medical status to what it would have been had the damage not occurred, as much as possible. When you suffer bodily injury or property damage as a result of negligence, breach of statutory duty, or any other tort, a personal injury attorney is your means of ensuring you receive the maximum and comprehensive compensation you deserve. This process requires deep medical, legal, and financial knowledge, and only recommended personal injury attorneys will know how to efficiently navigate you against insurance companies and the parties causing harm.

The Field of Tort Law

Tort law is at the heart of civil law, and concerns determining liability for damage caused to a person or their property, and obligating the party causing harm to pay monetary compensation to the injured party. The field is primarily anchored in the Torts Ordinance [New Version], but it intersects and integrates with many other specific laws, such as the Road Accident Victims Compensation Law, the National Insurance Law, and laws concerning defective product liability.

The formal purpose of tort law is restitution in integrum, meaning placing the injured party, financially, in the same position they would have been in had the accident or harmful event not occurred.

Central Torts in Tort Law

Tort law is based on a closed list of 'torts', which are acts or omissions defined as unlawful and creating liability for compensation. The central and most common tort is negligence.

• Negligence (Section 35 of the Torts Ordinance): This is the most common tort. The attorney must prove three central elements:
  1. Duty of care: An obligation imposed on the tortfeasor toward the injured party (conceptual duty and concrete duty).
  2. Breach of duty: The tortfeasor did not take reasonable care measures, and as a result breached their duty.
  3. Causation and damage: The breach is what directly caused the damage (body or property).
• Breach of statutory duty: When damage is caused due to violation of a specific legal provision (for example, violation of workplace safety regulations).
• Intentional torts: Such as assault, false imprisonment, trespass to land or chattels.

Main Sub-Fields in Tort Law: Variety of Damages and Required Legal Treatment

The field of torts is a broad legal umbrella encompassing a wide range of cases where damage is caused to a person, their property, or their reputation, as a result of a tortious act or omission. Each sub-field within tort law requires unique expertise, specific legal rules, and different evidentiary tools. Recommended personal injury attorneys possess deep knowledge in these areas, enabling them to maximize compensation for the injured.

Below is a breakdown of the main sub-fields in tort law:

1. Road Accidents (Compensation Law)

The field of road accidents is one of the most common and regulated in Israeli law. In Israel, the Road Accident Victims Compensation Law applies, which establishes absolute liability - meaning anyone injured in a road accident (passenger, driver, or pedestrian) is entitled to compensation from the insurance company, even if they themselves are at fault in the accident.

• Nature of liability: Compensation is paid by the insurance company that insured the vehicle with mandatory insurance.
• Components of compensation: Compensation for medical expenses, loss of work days, pain and suffering, and future loss of earnings.
• Attorney's role: A recommended personal injury attorney in this field assists in proving the extent of damage (not proving fault), recruiting medical opinions, and conducting assertive negotiations with insurance companies attempting to minimize the compensation amount.

2. Workplace Accidents and Occupational Diseases (National Insurance and Employer Liability)

Legal treatment of workplace accidents requires parallel treatment in two main arenas:

• National Insurance Institute: A person injured in a workplace accident (or diagnosed with an occupational disease) is entitled to work injury benefits from National Insurance. A personal injury attorney represents the injured party in National Insurance medical committees to obtain the maximum disability rating, which grants entitlement to a grant or monthly allowance.
• Claim against employer (torts): If the accident was caused due to negligence by the employer (such as failure to maintain safety rules, lack of training, or faulty equipment), the injured party can file a civil tort claim against the employer and their insurance company (usually employer liability insurance). The civil compensation is reduced by amounts received from National Insurance (deductions).

3. Medical Negligence

This is a particularly complex field requiring a combination of legal and medical knowledge. Medical negligence occurs when a medical provider (doctor, nurse, or medical institution) acts in a manner that deviates from the accepted standard of care and causes harm to the patient.

• Common examples: Late diagnosis of serious illness, wrong surgery leaving disability, administering incorrect medication, or failure to obtain informed consent for treatment.
• Proving the case: Attorneys in these cases recruit leading medical experts to prove that the treatment was negligent and that the causal connection between the negligence and the damage is unequivocal.

4. Defamation and Libel

This field concerns damage to a person's or corporation's good name and reputation. Israeli law provides for significant compensation, which can be awarded even without proving actual damage (exemplary damages).

• Where damage occurs: Publication in a newspaper, website, social networks, or private conversations that reached many ears.
• Legal balance: A personal injury attorney specializing in defamation knows how to balance freedom of expression (the right to speak and criticize) against the right to a good name, and work to grant appropriate compensation to the injured party for damage to their dignity.

5. Product Liability (Defective Products Liability Law)

When a defective product causes bodily harm to a consumer (from an exploding electrical device to spoiled food causing poisoning), the law imposes absolute liability on the manufacturer, importer, or distributor, without need to prove negligence on their part.

• Nature of the claim: Proving the defect in the product and the causal connection between the defect and the bodily harm.
• Representation: Personal injury attorneys represent the consumer against large corporations, and in appropriate cases can also file class action lawsuits when the harm is widespread.

6. Falls in Public Spaces (Hazards)

This field focuses on damages caused as a result of defects or dangerous hazards owned or under the responsibility of another party (municipalities, local authorities, or private property owners).

• Tort of negligence: The attorney must prove that the responsible party knew, or should have known, about the existence of a hazard (such as a pothole in the road, broken sidewalk, wet floor without warning sign), and did not repair or fence it within a reasonable time.
• Duty of care: Property owners and holders have an enhanced duty of care toward the public.

7. Assault and Bodily Harm Due to Violence

Beyond criminal law (punishing the assailant), assault victims can sue for civil compensation from the assailant themselves for the tort of assault (as one of the torts in the Torts Ordinance).

• Components of the claim: Demand for compensation for mental distress, pain and suffering, future loss of earnings, and medical expenses.
• Additional parties: Sometimes third parties who were negligent in preventing the incident can also be sued (for example, a security company or club owners who did not prevent a brawl).

8. Property Damage and Employer Liability

These are two additional sub-fields handled by personal injury attorneys:

• Property damage: Claims for damage to private or business property caused by negligence (such as flooding from a neighboring apartment, fire resulting from third party failure, or causing damage during renovation work).
• Employer liability (expansion): Although there is overlap with workplace accidents, recommended personal injury attorneys will focus here on the employer's general duty of care, even in cases that are not necessarily a classic workplace accident, but were caused by faulty equipment, lack of training, or dangerous work environment.

9. Environmental Nuisances and Neighbor Damages

A common field gaining momentum in a crowded urban environment. These are cases of serious disturbances constituting a civil tort (nuisance to an individual):

• Examples: Unreasonable and unusual noise, sharp odors, air pollution, or repeated flooding between neighbors.
• Legal solution: A personal injury attorney can file a personal claim for compensation, or work to obtain an injunction that will require the disturbing party to cease their actions.

Managing a Tort Claim: The Strategy of Personal Injury Attorneys

A tort claim, especially bodily injury, is a lengthy and complex process requiring meticulous management and proper evidence collection.

1. Collecting Evidentiary and Medical Material

This is the foundational stage. A skilled personal injury attorney will guide the client to collect all documents related to the damage:

• Medical documentation: All medical documents (from emergency room, treating physicians, imaging, hospitalization summaries).
• Event documentation: Photos from the incident scene (accident, fall), witness details, police/safety reports.
• Proof of losses: Pay stubs, profit and loss statements (for self-employed), receipts for medical expenses and third-party assistance.

2. Appointing Medical Experts and Opinions

In tort cases, especially bodily injury, the amount of compensation is derived from the degree of disability. A personal injury attorney submits a request to the court to appoint a medical expert (in road accident cases) or submits an expert opinion on their behalf (in other cases), which determines the percentage of medical disability remaining to the injured party following the event.

Table: Common Compensation Components in Bodily Injury Claims

3. Negotiation and Settlement with Insurance Companies

The vast majority of tort cases end in settlement outside the courthouse walls. Personal injury attorneys conduct sophisticated and assertive negotiations with insurance companies, while using medical opinions and legal risks facing the insurance company should the case reach full hearing.

4. Representation in Courts

If a fair settlement is not reached, the attorney prepares the case for evidentiary hearing, which includes examining witnesses, cross-examining medical experts, and presenting comprehensive legal arguments to the court.

Why Should You Use a Recommended Personal Injury Attorney?

• Maximizing compensation - An experienced attorney knows how to evaluate the compensation amount and demand the maximum.
• Dealing with large entities - Insurance companies, health funds, and local authorities usually try to minimize liability.
• Multi-disciplinary professional knowledge - Legal, medical, and economic.
• Saving time and energy - The attorney manages the entire process with relevant authorities.

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