The Israeli law designed to regulate the compensation due to Traffic accidents victims by setting the Law of Compensation for Car Accidents Victims in 1975. The law clears some major issues and defines what a car accident is, who is entitled for compensation, who bears the obligation to pay, and determine the way of calculation of compensation as well . In principle, an accident occurs when injuring while driving a vehicle or parking it, and also includes damages that has occurred during entering it or exiting from it. Also, in most cases, an accident where a person was injured due to car care, or damaged by a cargo that disengaged from it will be considered as a Traffic Accident as well. However, a Traffic Accident occurs only when involved a motor vehicle. An accident between a wheelchair and a scooter for example, not necessarily generates (ensures) compensation. Base on the above, all cases (especially slim ones that don't fall directly into the classic definition) should be consulted by lawyer.
The law practices an absolute liability regime, hence, there is no difference if the injured is the pedestrian, a passenger or driver, since all injuries are entitled for compensation from the insurance companies of the drivers and the National Insurance Institute. In addition, the state established The Fund for compensation to victims of traffic accidents ("Karnit"), which aims to compensate victims who do not have a source to be repaid from, such as hit and run accidents, and drivers without insurance cases. Nevertheless, insurance companies and the National Insurance Institute, commonly delay or disclaim from the payment incumbent upon them, and take legal measures to reduce it or avoid it altogether. Therefore, the importance of consulting with an expert attorney is vital before filing the claim. This procedure may increase the amount of compensation awarded to the victim.
Spinal injuries
The main cause of spinal cord injuries is car accidents. These are severing injuries which may cause serious disability and irreversible damage. Spinal fracture and spinal cord nerve damage are the most familiar phenomenon, and such disabilities treatment is the most difficult. Spinal cord injury leads to respiratory complications, as well as urinary and nerves system damages. You may also notice changes in metabolism or sweating, gastrointestinal, and more. Consistently, as spinal cord injuries higher up, the consequences of dysfunction can be more and more severe.
The damage expressed in a variety of shapes, the most serious of which is Quadriplegia - paralysis of all four limbs. Victim may also suffer from Paraplegia - paralysis of the lower limbs and other paralysis problems. In severe nursing care cases, victim's compensation may reach $ 10 million ₪, and more.
Calculation of compensation takes into consideration the loss of earning capacity and social benefits, pain and suffering, payment for a Nursing vehicle adaptaition, housing adaptation for disabled, Para Medical treatments (such as physical therapy, psychological therapy, and so on), expenses for drugs, tests and hospitalizations, Expenses for air conditioning, special laundry needs and more.
Head injuries
Claiming a head injury is particularly challenging due to the fact that sometimes the harm expression is not apparent to naked eye. There are cases where the victim may be seen as functioning and independent, despite the fact that he's actually being daily functioning limited, and there is a profound injury.
Symptoms may be serious cognitive or behavioral problems. The victim even may endanger himself or others, and the resulting absurdity is that the more independent the patient will be, the closer the treatment and monitoring becomes. That is in comparison of a postion where he needs a wheelchair or even bound to bed. Hence, it is important to prove the damage resulting from car accidents.
Our firm specializes in representing victims with severe head injuries, or paralyzed as a result of spinal injury and plaintiffs who suffer from damages caused by multi-systemic injuries as well.
Representation of victims who suffer serious disability requires experience and special expertise, such as obtaining a medical opinion from the best experts in the country. Also, a lawyer needs to recognize different types injuries and the needs required for disabled. We are trying to achieve the maximum compensation for the plaintiff that will enable him to concentrate in rehabilitation process and live life with dignity.
