Israeli tort attorney
If you are considering filing a suit for damages, you should seek an attorney who specializes in tort law. A damages suit is a claim against another person or an entity that behaved negligently or breached a statutory duty towards the claimant, causing him damage. According to the Civil Wrongs Ordinance, the claimant must prove that damage was caused; without damage, a suit cannot be filed.
Given that filing a suit is a complex process, to ensure that you claim the rights you are entitled to, it is recommended to consult with an Israeli tort attorney who is knowledgeable in the field and who can act on your behalf to achieve the best result and the fullest possible compensation. Attorneys who specialize in tort law can represent both a claimant who has suffered damage and advise him on filing the suit, and a defendant who is being sued for causing damage.
What are the main claims included in tort law? How is the claim clarified and how does one select a torts attorney? All this and more is covered in this article by our civil tort attorneys in Jerusalem and Tel Aviv.
Tort law
Tort law covers a wide range of cases of either bodily or property damage, for example: medical negligence, a fall in the street, professional negligence, safety claims, claims of property damage, children’s accidents, sport accidents, road accidents, etc.
Not every accident or instance of negligence constitutes a basis for filing a suit. There are hurdles that must be crossed to make it possible to file a suit.
In principle, tort law (except for road accidents, which are handled under the Road Accident Victims Compensation Law 1975 and according to the principles of that law) ascribes responsibility to the wrongdoer, when the claimant succeeds in proving the existence of damage and causation between the damaging act or lack of action and the damage.
Note that similarly to injuries caused by a road accident, there are other claims based on specific laws other than the Civil Wrongs Ordinance (student accidents, accidents during military service, etc.)
The court will consider whether the defendant breached a statutory duty (Section 63 of the Civil Wrongs Ordinance) or committed negligence – if he did something that a reasonable person would not have done, or would have avoided doing. Negligence is measured in comparison to a reasonable person or professional. Sometimes the party being sued has defenses (for example, if the case involves a dog bite, the defendant may have the defense of trespassing committed by the plaintiff).
After it has been proved that the defendant is responsible for the damage caused to the plaintiff, the court moves on to discuss compensation – what are the damage headings under which the plaintiff is to be compensated. This is a complex question, and therefore it is important to consult with an attorney who will know how to direct you and tell you which documents to include that will support your claim, as well as professional opinions, additional evidence, and whatever is required so that the court will order the compensation that you are entitled to.
As part of a suit for damages, a claim will be made for all damages caused to the victim by the injury that occurred, including injury to the capacity to work, permanent or partial disability, third-party assistance, pain, suffering and emotional anguish, etc.
Process of clarifying the claim
It is important to note that as part of clarifying the claim, the defendant generally involves the National Insurance Institute or the insurance company (according to the type of claim and the case).
If the attempt to reach a compromise fails, the court will clarify the question of the wrongdoer’s negligence and the amount of damage caused – via an expert opinion or an appraiser – again, according to the type of claim. An attorney specializing in tort law is experienced in dealing with entities such as the National Insurance Institute as well as the various insurance companies.
Note that the claim must be proven according to the ‘Balance of Probability’ – the court must be persuaded that the scales tip towards the claimant, even if only by one percent (51%).
Selecting an Israeli tort attorney
Selecting a civil tort attorney is not an easy task. A tort attorney must evaluate whether there is cause to sue, perform complex damage calculations, and accompany the plaintiff throughout the court hearings, which can go on for many years. It is important to choose an attorney who has proven experience in filing damage claims and dealing with various entities and institutions.
If a damages suit has been filed against you and you are the defendant, the attorney representing you must thoroughly evaluate whether there is a valid claim against you, and if the answer is yes – do you have defenses under the law. Likewise, sometimes the plaintiff ‘inflates’ the damage he claims to have suffered. The attorney representing you will know how to present things from your point of view, so that you will receive support in making calculations and collecting appropriate documents.
Contact a civil tort attorney in Jerusalem Tel Aviv
Our law offices enable you to met with a tort attorney in Tel Aviv and or Jerusalem and receive counseling regarding the chances of success for a damages claim, or defense against a claim, if you are the one being sued.
The attorneys in our offices have the necessary professional knowledge and experience to deal with the wrongdoer and obtain the maximal compensation for you from the claim. Contact us for professional counseling, including an evaluation of the claim’s chances and the compensation you can receive.
We handle all stages of the suit and accompany our clients throughout the process until they receive the maximal compensation for the damage that was caused. The advantage of an attorney in Jerusalem is personal, close-up treatment, and a fight with no compromises – until you get what you are entitled to – in the framework of the damages claim.
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