Question 1

What types of head injury give rise to a compensation claim in Israel?

Accepted Answer

Any head injury caused by negligence or a covered event — road accident, workplace incident, assault, slip and fall — can give rise to a compensation claim. Claims cover the full spectrum: mild concussion through to severe traumatic brain injury (TBI), skull fractures, and permanent cognitive, neurological, or psychological impairment.

Question 2

How is a disability percentage assessed for a head or brain injury?

Accepted Answer

Head and brain injuries are assessed by a neurologist and/or psychiatrist at the NII medical committee. Cognitive deficits, personality changes, memory impairment, motor dysfunction, and post-traumatic epilepsy all contribute to the disability percentage. TBI cases with permanent cognitive impairment often result in high disability percentages and correspondingly large compensation awards.

Question 3

Can I claim for psychological effects of a head injury?

Accepted Answer

Yes. Post-traumatic stress disorder, depression, anxiety, personality changes, and other psychological sequelae of a head injury are all compensable. A combined neurological and psychiatric assessment is typically required. Adv. Elmaliach coordinates expert assessments to capture the full impact of the injury.

Question 4

My head injury was in a road accident — how is the claim handled?

Accepted Answer

Road accident head injuries are among the most significant personal injury claims in Israel, particularly for severe TBI. The Road Accident Victims Compensation Law provides no-fault compensation from the vehicle's insurer. Claims should be filed promptly, preserving all medical records and imaging from the earliest stage.

Question 5

What is the role of neurological imaging in a head injury claim?

Accepted Answer

MRI, CT scans, and EEG results form the medical foundation of a head injury claim. Imaging that documents structural brain damage significantly strengthens the claim. Even where imaging is normal, expert testimony on functional impairment — memory tests, neuropsychological assessments — can establish the extent of injury.

Question 6

How is lost earning capacity calculated for someone with a permanent brain injury?

Accepted Answer

For claimants with significant cognitive impairment who cannot return to their previous employment, the calculation of lost earning capacity is often the largest component of the claim. Actuarial evidence, vocational assessments, and documented work history are combined to project lifetime earning loss. For severe TBI, compensation awards in Israel can run into millions of shekels.

Head & Brain Injury Compensation in Israel

Head Injury Claims — Complexity and Value

Frequently Asked Questions

Head Injury Claim?