A courier who fell off his motorbike and got injured while on his way to a customer, a woman who collapsed in the hospital and remained paralyzed, a mother of two, who had a spinal disc herniation after an accident, a horse breeder’s farm that caught fire, a couple who lost all their possessions after their home was flooded. These are just a few examples of the hundreds of thousands of cases handled by attorneys of our office, who specializes in tort law and works for the victims of bodily harm or property damage throughout the process, from collecting the lawsuit material to handing it to court and to the appropriate institutions. This is in order to receive adequate and fair monetary compensation, which reflects the aggravation, suffering and health condition of those who have been unfortunately hurt by many different reasons.
Adv. Daniel Yanovsky
A torts lawyer – why is he needed?
The worst thing that can happen to a person during his/her lifetime is the unexpected: An accident, trauma or an injury that paralyzes him/her, prevents him/her from working or leading a normal life, leads him/her to new and sometimes grim circumstances, poor mental state and huge financial losses. Such cases occur every day wherever possible: At home, at work, on the road and even on vacation. They require, first and foremost, the right kind of work on behalf of the factors in the State of Israel (hospitals, fire departments, police etc.), and later, the victims are required to deal with the difficult consequences on their own: Be absent from work, lose wages and even risk losing their job, come for treatments or examinations, rehabilitate, spend money to replace the damaged property and more. The family members of the victims are also forced to absorb the losses of many hours outside the workplace, dedicate a long time to treatment, adjust themselves to the new life circumstances or to the unpleasant situation created and deal directly with the psychological consequences caused by the damage.
People who have been hurt for various reasons are entitled to claim their rights and demand monetary compensation for the damage and heavy expenses resulting from it. Therefore, attorneys of our office serves as the representative and accompanies every victim with a tort claim from the first moment to the last, along the way. The legal representation, accompaniment and support, provided to the firm’s clients, can also be in English and Russian, and are suitable for all victims, regardless of the cause of the injury.
Many people in Israel get injured in their workplace and file a claim for modest and unsatisfactory compensation solely from the National Insurance Institute – without knowing that they are fully entitled to file a tort lawsuit against the person responsible for the damage caused to them! Through a torts lawyer, the employee will be able to point at the person responsible for the damage (another worker, employer, dysfunctional device or machine, etc.) and legally demand compensation from him/her. In addition, the victim is entitled to receive compensation by the fact of being injured alone, and not only on the basis of the accusation itself. For example, a pizza delivery courier, who fell off his motorbike while on his way to a customer, can sue the insurance company for a work accident that is defined as a traffic accident. Another example is damage caused by the fall of a heavy object – this time it is possible to sue the person who dropped the object, the responsible employer and his/her insurance company. Attorneys of our office will also be able to assist in the situation where the compensation awarded to the victim is “offset” with the compensation he received from the National Insurance Institute, as it is often the case. Dealing with work accidents requires wise conduct with all the factors involved and a very high level of knowledge of the conditions and laws that stand in the way of the victim in order for him/her to receive the highest compensation.
“It’s a minor hit, what’s the big deal?”
This is perhaps one of the most common things that victims of “minor” accidents say. But even a traffic accident that seems to have ended without a scratch, may strike years later, when it turns out that the injury led to complicated and dangerous physical and medical symptoms. Therefore, in any case, it is important to rush to the hospital in order to thoroughly examine your medical condition and file a suitable claim. From the first stage, you can consult with law firm of Adv. Miskevich and he will guide you on the order of actions that should be performed and what to submit in order to file a lawsuit against the insurance company or against the state corporation “Karnit”: Medical documents regarding the accident, photos of the injured parts of the body and a documentation of any medical condition indicating pain and suffering that showed up subsequently. Necessary additions to it would be: Loss of work capability, medical expenses, travel expenses and expenses for help from a third party. In the case of more serious injuries, in which the victim was left with a permanent disability, attorneys of our office will be able to sue for future damage caused to the victim: The level of disability, his/her age, his/her profession, level of wages until the accident’s occurrence , his/her mental condition and more.
The subject of traffic accidents is not to be taken lightly and it is advisable to consult with a torts lawyer for all possible levels of damage and as close to the date of the accident as possible.
How to prove damage caused by medical treatment? How can it be made clear to the judge that the treating doctor could have prevented the damage caused afterwards? How is it possible to link a particular medical condition to another medical condition caused by it?
Mrs. Kolski was rushed to hospital after complaining of chest pain. Her pulse was low and after receiving a certain medication, she also complained of weakness. At one point during the hospitalization, she even lost consciousness. On another occasion, when she got off her bed to go to the nurse, she fainted, fell, and suffered a severe head injury. She suffered a severe spinal cord injury and remained paralyzed and tormented for two years until her death. Her family received compensation of 400,000 ILS.
The field of medical malpractice in Israel relates to the medical issue that causes injury or illness caused by prior treatment. This is a long procedure that’s often accompanied by difficult emotional situations. The lawsuit requires the collection of the medical materials, documentation of the story and circumstances of the victim and his family, the organization of the medical documents collected from the institutes, the treating doctors or the hospital, obtaining an expert’s opinion and eventually – submitting the claim accordingly.
The property in our possession can be damaged by many reasons: Fire, leakage, burglary, natural disaster, accident and more. Damage to property may not be physical damage, but it can lead to a terrible aggravation, terrible financial losses and a dismal mental state. People who lost their homes in a fire, for example, are not only defined as homeless, but have also lost a significant part of their existence, their identity and the values that characterize them. The property damage claim is made by a torts lawyer against the cause of the damage (if it is another person) or against the insurance company. The first stage requires an examination of the cause of the damage or its source, and then it is necessary to find out who is responsible and assess the level of damage with the help of various experts. Insurance companies, who are in no rush to pay the compensation, may reject the claim for various reasons and therefore it is very important not to try to manage it independently. Attorneys of our office will be able to file a suitable professional lawsuit that will force the insurance company to make a statement before the judge and ask the company to rationally explain the reason for its rejection. Attorneys of our office have experience in taking legal action against the insurance companies can also be a significant advantage to the success of a lawsuit against the local authorities, contractors, professionals and various responsible factors, which are obligated to properly compensate those whose property has been damaged.
*The above article is by no means a legal advice; any use of this information is solely under the reader’s responsibility.