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Filing a negligence lawsuit in Israel – how to receive financial compensation

יהודה אלחרר
יהודה אלחרר

Tomer Hila Birnbach

I received a recommendation from friends about the firm, and indeed every word is correct, a service team, professional, welcoming, a fair price for the work I requested, I am 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.

Shurouq Hajyassin

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????

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 (!)

Marce Ruth St. Rey

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.

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

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.

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.

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.

Priscilla Moses

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

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.

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.

Arielle Bosch

Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

Eden Weiss

Extrmely friendly, professional and helpful. A big thank you to Irina especially from the Jerusalem office. Highly 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

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

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.

Adi Katina

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.

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!

Dongdiet & Nellie

We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

Yossi Montrose

Very knowledgeable and professional

Lilian Granovsky

I can highly recommend these services!
Every time we turned to Joshua we always got a professional quick and helpful respond.

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.

Heather Lebrun

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.

Sophie Cooperman

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.

Halvor Ronning

Courteous, clear, efficient service.

Shaltiel Devorah

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

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.

Sveta Vashkevich

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!

lynn vonne

Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

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 ????

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.

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!

Schruuf

We were very pleased and content with the services of this law firm. They supported us 100% and solved our case successfully, we couldn't be happier.

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.

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.

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.

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

David De La Rosa

Very friendly, professional, and effective, highly recommended

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.

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!

Jacob Newberry

A really excellent firm. They knew exactly how to handle my situation effectively and efficiently, and we got the result I needed without much fuss. Adi Berger was a wonderful advocate for me and I am deeply grateful for her help!

YK C

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.

Do you need to file a negligence lawsuit in Israel but don’t know what amount of compensation you should sue for? Have you suffered harm because of a medically negligent physician and need to file a medical malpractice claim? Or were you perhaps sold defective products by a careless manufacturer and need to know how Israeli courts treat product liability

The following article will explain the basics of filing a negligence lawsuit in Israel. Please contact us directly if you still have additional questions regarding suing in Israel for financial compensation or if you need the assistance of Israeli negligence lawyers. Our law firm has offices in Tel-Aviv and in Jerusalem and we would be glad to meet with you. You can call 03-3724722 or email us at [email protected].

What is the legal definition of negligence?

In Israeli civil law, negligence refers to harm that a person causes someone else as the result of carelessness. It is considered a “civil wrong”. Therefore, a victim of negligence has the right to file a claim for financial compensation. The purpose of the civil lawsuit is to provide you with a monetary remedy for the damage that you endured, instead of merely punishing the negligent individual. The damages should take into consideration both your material losses as well as your pain and suffering.

Negligence Lawsuit in Israel - caution wet floor sign

 

The statute of limitations

All civil lawsuits in Israel are subject to a statute of limitations, also known as a prescriptive period. In other words, there is a limited time period in which you may file a lawsuit after suffering from an act of negligence. In most cases, the limit is seven years, as legislated in the Law of Prescription (1958). Additionally, the longer you wait before preparing for a negligence lawsuit the more difficult it will be to gather the necessary documentation and evidence to prove your case. Therefore, if you have been the victim of negligence it is important that you contact a civil attorney as soon as possible in order to file a negligence lawsuit in Israel in a timely manner.

What is required to win a negligence lawsuit in Israel?

There are four elements that are required for an act to be considered negligence by the courts:

  1. The defendant must have had a duty of care towards the claimant.
  2. They must have acted in a way that deviated from the acceptable behavior of a reasonable person (known as “a breach of duty”). 
  3. The claimant of the lawsuit must have experienced harm or losses of some sort.
  4. It must be demonstrable that the defendant’s breach of duty is the cause of the harm or losses.   

In order to prove all of the above in a way that is convincing to the courts, it is crucial that you hire the services of Israeli negligence lawyers who have the required legal expertise, including knowledge of relevant judicial precedents. It is often important to cite legal precedents in order for a negligence lawsuit in Israel to be successful. 

What qualifies as a duty of care?

“Duty of care” is a technical term in tort law. The duty of care is not dependent on a specific contract or on a particular legal statute. Instead, it refers to every person’s basic duty to act with adequate care and caution so as to not cause harm to others. The equivalent Hebrew term is hovat zehirut, which literally means “a duty of caution”. It has been established through legal precedent that certain social and professional relations include an inherent duty of care. For instance, a doctor has a duty of care towards their patients and an employer has a duty towards their employees. Additionally, all individuals have a certain neighborly duty of care to not behave in a way that could result in physical harm to others.

Negligence Lawsuit in Israel - stepping on a nail 

What is a breach of duty?

When a person is derelict in their duty of care towards someone and negligently causes them harm, this is known as a “breach of duty”. For an action or behavior to be legally considered a breach of duty it must deviate from the expected behavior of a reasonable person. (Note that in Israeli law the term “a reasonable person” does not refer to a specific individual, nor to the average citizen, but rather to a hypothetical individual whose behavior the courts consider socially desirable and appropriate.) 

Suing over the dereliction of a statutory duty  

Dereliction of statutory duty concerns any harm caused to a person because of someone’s failure to execute their legal duties. For example, a municipality is required by law to provide adequate sanitation services to all public spaces in its jurisdiction. If a particular street is never cleaned by the municipality and trash is never properly cleared from there, that would constitute a tort towards the residents of that street. In this case, the municipality’s dereliction of its statutory duty could be detrimental to the residents’ physical health and emotional well-being and could cause them financial harm as well. Therefore, the residents can hire a tort attorney in Israel in order to sue the municipality for damages on the grounds of breach of statutory duty. Though this type of dereliction is similar to negligence, they are considered separate civil wrongs in Israeli law, because statutory duties are explicitly prescribed by law whereas the duty of care is implicit.

Financial compensation and punitive damages 

In certain negligence lawsuits, such as in medical malpractice claims, it is necessary for the claimant to pay an external specialist to submit an expert opinion that establishes that the plaintiff’s behavior constitutes negligence as well as an assessment of the damages caused. Additionally, when a judge is persuaded by a negligence claim or a medical malpractice claim, the court will order a case evaluation by a professional expert in order to determine what compensation is required to rectify all of the harm done.

The money awarded by the judge will include compensatory damages for financial and physical harm and possibly also aggravated damages for pain and suffering. Attorneys attempt to maximize the compensation that the court will award their clients. In some cases, especially when the tort is intentional and malicious, the court may impose punitive damages as well. The purpose of punitive damages is to punish the perpetrator and to deter them from committing additional wrongful acts in the future. However, it is extremely uncommon for punitive damages to be imposed in cases of unintentional negligence.

Additional articles of interest

If this article on filing a negligence lawsuit in Israel was helpful to you, then you may be interested in other articles concerning tort law in Israel on our website.  You may find the following articles useful: Advice from a Negligence Lawyer in Israel, Filing a Medical Malpractice Claim, and Advice from a Civil Tort Attorney. If you have any additional questions on filing a negligence lawsuit in Israel or if you require legal assistance, please contact us. We have law offices both in Jerusalem and in Tel-Aviv.

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