Tort is divided into two main areas — personal injury and damage to property. Personal injuries may be caused deliberately or by various types of accidents, disease etc., although legally personal injury may be divided into two categories: personal injury resulting from road accidents, and other personal injuries.
A person may suffer harm to his body, mind, or intellectual capacity. In addition to compensation for physical/mental injuries incurred, recompense for loss of future earnings, pain and suffering may also be claimed.
The amount of compensation claimed depends on many factors. Among other things taken into account are the level of disability, the nature of the injury, earning capacity, income level before the injury, cost of treatment, the victim's conduct etc.
Road accidents constitute a field of expertise within Tort Law in their own right. A person incurring bodily injury in a road accident (as distinct from the owner of a vehicle damaged in the accident) is entitled to make a claim under the Road Accident Victims Compensation Law, 5735-1975 and only under this law.
The law prescribes a number of measures totally absent from other tort cases. For example, the law sets a ceiling for various aspects of the injury such as loss of earning capacity, shortened life expectancy, pain and suffering. The manner in which the case is conducted and the arrangements for paying compensation make for a speedy conclusion of the process, relative to tort suits unconnected with road accidents.
Another interesting approach to personal injury victims may be seen in the Defective Products (Liability) Law, 5740-1979: Any person incurring personal injury such as death, disease, bodily, mental or intellectual harm or incapacity due to a defective product may sue the manufacturer and/or importer and/or supplier under this law. It is worthy of note that warranties may not be appealed to under this law.
In addition to personal injury, there is damage to property. The most common types of property damage are vehicle crash damage and losses caused by theft. Claims for property damages are determined in most cases under the Civil Wrongs definition in the Tort Ordinance (New Version).
Our firm represents road accident victims and vehicle damage claimants against insurance companies, work accident victims, and claimants against various government authorities, in particular over claims for injury compensation against the National Insurance Institute and the like.
