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Contributory negligence in Compensation Claims – How Can it Reduce the Compensation Amount You Deserve?

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Michelle Long

Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

Amir Abt

The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

Joshua Pex was both an amazing human being and an inspiring human rights attorney. I reported directly to him for various activities I performed as in intern. I was impressed with his incredibly solid character. He is trustworthy, fair, and goes above and beyond to advocate for the vulnerable. He is completely trustworthy and high caliber in his work. His partners and employees are very blessed to work with him. I am honored to know them.

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Gáspár Erőss

If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

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We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

His attention to our details and our situation peculiarities, combined with his professionalism and knowledge, helped us to map out what needs to be done on our part: we appreciate and recommend You, Mr. Joshua!

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Oded Ger did an excellent job by reviewing a modeling contract I was offered. Explained the bad clauses in the contract, and their possible consequences. Thank you for your amazing job, your professionalism, your consultation and honesty. You showed me from your experience how it can be done differently. It was the best decision choosing you as my lawyer.
I highly recommend this firm, especially Oded Ger.

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Great Team. With no doubt, this office is actually thee best-leading office in Israel. Simply put, if you want your case to win, just join them, hand in your documents, and celebrate the victory.

Kindest regards,
Adi k.

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Party time in the heart, my beloved husband received his residence after so much time of battles and faith. Gratitude, God has blessed us with wonderful beings who have accompanied us, including a "precious angel" who touched our hearts, our excellent and fantastic lawyer: Maria Chernin Dekel, sweet and wonderful human being, who has guided us and stayed On our side. side in this intense legal transit whom we bless on every occasion. God bless you dear Maria, you have exceeded your professional duty by containing us and collaborating with us in hard times, very hard, for that we want to thank you publicly, you are unique!!!
We bless and thank the entire team at Decker Pex Tal Ofir Law Firm.

Dumitrascu Cristina

Best lawyer house from Israel! I couldn’t dealt with my situation without their professionalism and effectiveness. Their dedication to every legal aspect and their drive it’s how a true lawyer house can be!
Working in European market and international now, I couldn’t dare to let myself wide my wings on countries unknown to me. Definitely they’ll be the lawyers representing me, my business at every international aspect and on personal development.
When you hear Decker,Pex,Ofir &Co, you hear 10+ class services, luxurious professionals, confidentiality and exclusive attention to your needs.

Morgan Jones

The team at Decker, Pex & Co have been awesome to work with in helping our US company establish banking in Israel and in providing counsel for legal needs in Israel. I highly recommend!


We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

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We were very satisfied with the consultation we had.
You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

Наталья Мажуга

Great lawyers Joshua Pex and Nechama and Michael Deker who really want to help you and I have very trustful relationships with them. All my cases they took they won. Thank you and let’s keep working together

Stuart Safft

I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.
I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.
We found Decker, Pex & Co. On the internet and began working with Ariel in late November 2021. Ariel did a superb job of leading us through the process, helping us to understand which documents were essential, which would most likely be required, and which, though included on the list of required documents, were rarely required. He helped us several times to understand what was likely and unlikely to occur as “the next step.” Helping us manage our expectations was extremely useful to us.
Besides his knowing the laws, regulations and procedures, Ariel also made us feel that he was truly interested in helping us to successfully work through this process in as smooth, timely, and frustration-free manner as possible.
My wife and I strongly recommend anyone planning to go through this process seriously consider hiring Decker, Pex, Ofir & Co. and, specifically, Ariel Galili.

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

Lauma Zariņa

This is definitely the best lawyer I know!!! very honest and super helpful he really helped me a lot dealing with immigration issues in Israel and it was very successful!
I highly recommend

Yossi Montrose

Very knowledgeable and professional

Paul Prince

The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

Prima Lorenzo

I admire the Austrian citizenship team in Tel-Aviv branch! They deserve more then 5 stars!! They are very friendly and professional. I've got Austrian citizenship in 4 months for all family members which consists of 12 people! The entire team is very friendly and responsive. They are always answering questions and support during the process. I recommend to everyone. Was 100% satisfied.

Genaan Abdelall

I cannot recommend Nechama enough! Her expertise, professionalism, and dedication to her clients is unparalleled. From the moment I reached out to her, she provided clear and concise communication, and helped me navigate through a complex legal issue with ease.

Throughout the entire process, Nechama went above and beyond to ensure that I was informed and comfortable with every decision. She demonstrated a deep knowledge of the law, and was able to offer sound advice that ultimately led to a positive outcome.

What sets Nechama apart is her compassionate and empathetic approach to her clients. She truly cares about the well-being of her clients, and it shows in the way she handles every case.

If you are in need of a lawyer, I highly recommend Nechama.

Josh W-S

The firm had a quick response to my last-minute needs, they were helpful in communicating with me in English, and they fulfilled my needs in a timely fashion.

Greg Olson

We highly recommend Adv. Mike Decker and have know him for many years. He has helped our family with many battles over the years. We recently received our permanent residency after 23 years in Israel. We so much appreciate Mike’s representation of us.

Kfir Cohen

We were searching for a law firm that will be honest with us and really work hard for a satisfying result, it wasn't an easy task
We found them online; they were the only law firm from all of our searchings which were completely honest and NOT gave us just what we wanted to hear
Using them guaranteed honesty above all. A legal team that is friendly and cares for a superb result
They really care about helping their customers without any other interest
Nadia gave us service behind what we expected; she was professional which lead to fast and easy process with great result
We definitely recommend using them

Andreas Kelling

We have been working with Decker, Pex & Co - Law Firm in Tel Aviv for many years very well. Because we appreciated their lawyers services, we recommended businesses and individuals again and again to go there as well.

Shaltiel Devorah

Mr. Joshua Pex is knowledgeable and Professional. I really appreciate his courteous and direct approach.

Priscilla Moses

competent consulting, fast processing, reliable, warm & good team. highly recommended

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Very friendly, professional, and effective, highly recommended

lynn vonne

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Esty A

I had a consultation with Batya and she was very helpful. She made sure I understood all the information I needed, and was patient with me in gathering documents I needed.

Lilian Granovsky

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Every time we turned to Joshua we always got a professional quick and helpful respond.

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Sergei m Vashkevich

We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

Then he presented us with a detailed explanation and a few options to explore, and a timeline, how things work and necessary steps to undertake on our part,

We thank and highly recommend Mr. Joshua for showing us so much empathy, care and professionalism (!)

TarcisioePotira Freitas

I really recommend the law office's services. The service is very professional and efficient, the price is right. I am satisfied with the services I needed and happy to have known them.

Israel iluz

We were very satisfied with the service of Nehama. She was very professional in all her dealings and kept us informed all the way.
We highly recommend this law firm. They proved to be reliable, efficient and pleasant to work with.

Matthias Oppliger

I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

Halvor Ronning

Courteous, clear, efficient service.

Michael Soffer

I would like to recommend Attorney Yehuda Elcharar. He assisted both me and my company in a complex lawsuit. He handled negotiations that led to a favorable outcome much quicker than expected.

I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

What is the meaning of “Contributory negligence” in tort suits? Contributory negligence is a term meaning that despite injury and bodily damages caused to a person, this person still bears some fault in the occurrence of the damage caused to them. A contributory fault argument is usually raised by defendants in tort compensation suits, and if it is accepted, the relative part (percent) of the injured parties’ liability to the damages is reduced from the amount of compensation awarded to them.

Contributory liability and contributory fault in tort suits – what does it actually mean?

We all might encounter situations where damage is caused to us in a manner that grants us the right to sue for monetary compensation. Such situations can include road accidents, work accidents, negligent medical care by medical staff/providers, various fall accidents, injury during a fight or a brawl, and so on. In cases where suit is filed with respect to any of these events, the defendants might raise a defense argument, according to which even if they are found as liable to the damage, the plaintiffs must also bear a certain measure of liability to their own damages.

In legal terms, this defense argument is called “contributory negligence” or “contributory liability.” This is a unique defense argument, since it does not remove the defendants’ liability to the damage to which they are responsible. Rather, it might lead to a deduction of the compensation amount they must pay out, and significantly reduce it. For example, if a person injured in an accident was awarded compensation in the amount of ILS 1 million, but the court decides that they bear contributory liability to the accident at a rate of 50%, then the compensation awarded in actuality would be ILS 0.5 million, and that person would “lose” ILS 0.5 million out of the amount of damages, as estimated by the court.

Contributory negligence

How do courts make a decision in suits that include a contributory fault argument?

The courts make a decision on contributory fault arguments, raised in tort compensation suits, according to the circumstances of the case, the testimonies heard, additional evidence presented to the court, etc. For example: let’s say a person sued for damages with respect to an accident caused to them, and the defendant argued in their defense that the plaintiff (the injured party) bears contributory liability. The court will examine the circumstances and evidence in the case, and based on its impression, will decide whether the plaintiff is indeed at certain fault for the damages caused to them.

If the court accepts the defendant’s argument, it might reduce a certain amount (mostly in percentages) out of the full amount of compensation. It’s important to note that in light of the fact that in many cases, it’s difficult to quantify the plaintiffs’ liability to the damage caused to them, sometimes decision on these arguments is made “normatively,” meaning, based on the court’s assessment of all circumstances, rather than just based on the actual facts. Below, we present examples from court rulings made in this area, illustrating the manner in which courts recognize contributory fault or contributory liability arguments according to the circumstances of the case.

Contributory fault in road accidents

Compensation claims with respect to vehicle accident injuries are mostly conducted against the insurance companies. Naturally, insurance companies would rather pay a compensation amount that is as small as possible. In light of this, insurance companies often use the argument of contributory liability to the occurrence of the accident itself, or failure to mitigate the damage on part of road accident victims (for example, when the injured parties delayed before seeking medical care).

For example, in 2019, the Supreme Court (case no. CA 7099/16) ruled on a suit concerning a road accident in which a car and an off-road motorcycle crashed while crossing a junction. The motorcycle driver was driving without a license, without mandatory insurance, and without a helmet. In addition, no front headlight was installed on the motorcycle, and the driver was wearing a dark shirt. Following the accident, the motorcycle driver suffered multi-system trauma and a severe head injury. Even after surgeries and rehabilitation, he remained blind, with severe physical and cognitive damage, and ambulated using a wheelchair.

In light of the fact that the motorcycle driver was driving without mandatory insurance, he was not eligible to sue for compensation under the Road Accident Victims Compensation Law, and instead filed a tort compensation suit against the driver of the vehicle that hit him, and the driver’s insurance company. Even though the driver of the car was found liable for the accident, the court determined that the circumstances indicated that the motorcycle driver also contributed to the damages caused to him, at a rate of 65%. This determination led to the reduction of the compensation amount from a total of approximately ILS 14 million (the total estimated damage) to approximately ILS 1.5 million (following a pension deduction from the National Insurance Institute).

The motorcycle driver appealed this ruling to the Supreme Court, which determined that under the circumstances of the case, the determination of contributory fault should remain standing; however, the rate of the motorcycle driver’s liability should be reduced to 40%, since, in the court’s opinion, under the circumstances of this case, estimating the car driver’s liability at such a low rate (of only 35%) has failed to appropriately reflect the weight of his negligence while entering the junction. The court saw this as a needlessly strict, and raised the rate of compensation awarded to the motorcycle driver, by lowering the rate of liability attributed to him.

Contributory negligence in work accidents

Work accident cases are different from road accidents cases, in light of the tendency to recognize the greater liability that employers and workplaces bear to their employees’ safety, and as a result, the lesser liability of employees to the damages caused to them. For example, in 2021, the Supreme Court ruled (in case no. CA 7096/19) on a suit concerning the fall from height of an employee at a construction site. In its defense, the employer argued that the plaintiff should be attributed contributory fault. In its ruling, the court addressed the need for strictness as concerning the employer, in light of its ability to prevent accidents much more effectively than employees. Concurrently, it was determined that no contributory fault should be attributed to the employee under the circumstances of the matter.

However, in cases where the facts make it clear that the employee is at some fault regarding the occurrence of the accident, this might serve as a basis for contributory fault, which would reduce the amount of compensation awarded to them with respect to the accident. For example, in a 2015 ruling by the Afula Magistrate’s Court (case no. CC 14728-01-12), the court awarded compensation to a kitchen worker at a restaurant in Pardes Hanna, after the worker slipped on an oil stain, which caused him severe injuries, including a tendon rupture. The court did award compensation to the worker; however it determined that since this was an experience worker, who knew about the restaurant’s safety hazards and failed to alert his employer about them, then contributory fault should be attributed to the employee at a rate of 15%. Thus the total amount of compensation awarded to the worker stood at approximately ILS 246.5 thousand.

Contributory fault in slip and fall accidents

As concerning slip and fall accidents, or fall accidents, the circumstances in which the accident took place are highly important, such as the nature of the location (a business, a public area, a private area, etc.). Thus for example, in a 2014 ruling by the Jerusalem Magistrate’s Court (case no. CC 58563-07-12), a driver filed suit against a gas station after having slipped on an oil stain, causing her to fall and suffer bodily injury. In its defense, the operator of the gas station argued that the driver should bear certain liability with respect to the fall, and that she should be attributed contributory fault. The court dismissed the station operator’s arguments, and determined that due to the nature of the place, the gas station was negligent in failing to remove the oil stain. Concurrently, it is not appropriate to attribute to the driver any contribution to the damage caused to her.

Contact a lawyer specializing in torts law

The examples presented above illustrate how each case in which a contributory fault argument is raised, as part of various tort suits, is examined according to its own circumstances, in order to decide whether to accept to argument and reduce the amount of compensation awarded to the plaintiffs. In many cases, this argument is dismissed, or a low percentage of contributory fault is attributed, thus not leading to a significant deduction in the compensation amount.

If you have any specific questions about this topic, or need any legal advice or assistance with any issue, you’re welcome to contact our law firm, and we’ll be happy to help. Our law firm, located in Jerusalem and Tel Aviv, specialized in torts law and represents people injured in accidents and various negligence cases in a broad variety of legal areas, both in all Israeli courts, and with the National Insurance Institute and insurance companies.

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