Personal Injury Claims for Children and Youth (Minors) – How to Seek Compensation?

How can compensation be claimed for accidents that result in bodily harm to minors under the age of 18 (children and youth)? In cases where minors in Israel suffer bodily harm due to personal accidents, traffic accidents, or negligence (e.g., medical malpractice), they can file claims through their parents or legal guardians (as long as they are minors).

Legal claims for bodily harm involving minors are governed by distinct rules regarding the statute of limitations, calculation of compensation, degree of responsibility, and ability to prevent the harm. Additionally, different rules apply concerning disability allowances granted by the National Insurance Institute when dealing with minors. In this article, a legal expert specializing in tort law and compensation for victims of road accidents from our firm provides an in-depth explanation.

Parents’ Responsibility for Children’s Safety

As parents, we are automatically responsible for our children’s safety. This is no simple task, as our children cannot be under our supervision every moment. Unfortunately, children are frequently involved in accidents, including road accidents, falls (e.g., while walking on sidewalks or riding bicycles or electric scooters), and other incidents. Additionally, children may fall victim to bodily harm caused by negligence (e.g., during medical treatment or surgery). Unlike personal claims filed by adults, special legal rules apply to cases involving children and youth under the age of 18.

To file personal injury claims for minors, it is essential to understand the legal framework and nuances of these cases. Our firm represents victims of various accidents in tort claims and compensation lawsuits for road accident victims. We are aware that many parents are unfamiliar with these rules and therefore do not know how to proceed when their children suffer bodily harm due to an accident.

This brief guide explains the laws governing personal injury claims for children and youth and how to seek compensation in such cases.

The Law Allows Parents to Sue on Behalf of Their Children as Legal Guardians

To file a claim for bodily harm involving children and youth under the age of 18, the law requires the approval of a legal guardian to represent the minors’ interests in court. In most cases, the claim will be managed by the children’s parents or their legal guardians. If the guardians are not the natural parents, a guardianship order must be attached to the claim.

This legal framework remains in place as long as the children are minors. However, the statute of limitations allows individuals who suffered bodily harm as minors to file a claim independently from the age of 18, with a seven-year limitation period. For example, minors involved in a road accident at age 12 can generally file a claim independently upon reaching age 18, but no later than age 25.

In cases involving insurance claims, such as personal accident policies, the statute of limitations is shorter, typically three years from the date the minors turn 18 (i.e., until age 21).

Personal Injury Compensation for Children and Youth (Minors) – How is it Calculated?

The statute of limitations discussed above is just one example of the differences between personal injury claims for adults and those for children and youth. Another significant difference relates to how compensation is calculated in such claims.

This presents a legal challenge compared to claims filed by adults. In cases involving adults, it is possible to claim for lost wages, both past and future, based on the damages suffered. These lost wages are calculated based on the victim’s actual income or earning potential. Naturally, for children and youth, it is impossible to predict their future wages since their professional future is unknown.

In a landmark 2005 Israeli Supreme Court ruling (CA 10064/02), it was established that compensation in such cases would generally be calculated based on the national average wage. However, in rare cases, a different formula (higher or lower) may be applied if substantial evidence justifies an alternative calculation. It is worth noting that in cases where minors suffer personal injury in a work-related accident, compensation for lost wages will generally be calculated based on the national average wage rather than the minors’ actual wages, which are typically lower.

Children’s Responsibility for Accidents Is Assessed Differently from Adults

In personal injury claims, questions often arise regarding the extent of the injured party’s responsibility for the damages they suffered. A common defense argument in such claims is “contributory negligence,” which seeks to argue that the injured party could have prevented the damage, either fully or partially, thereby assigning some responsibility for the accident or damage to the injured party themselves.

Israeli law and the courts apply entirely different standards to minors compared to adults in this regard. Courts generally recognize that minors’ judgment capabilities differ from those of adults and often refrain from assigning responsibility to minors because of this.

A notable example is a 1991 Supreme Court ruling (CA 326/88), which remains a precedent to this day. In this case, a 4.5-year-old child entered a neighbor’s yard through a hole in the fence and was bitten by a dog in the yard. The court ruled that the yard and dog owner was responsible for taking precautions to prevent small children from entering the yard and therefore awarded full compensation to the child for the damages suffered. While partial responsibility for the damage may sometimes be assigned to the child’s parents, each case is evaluated based on its specific circumstances.

Disability Claims for Children Are Fundamentally Different from Those for Adults

In 2010, specific regulations regarding disability allowances for children, including cases of bodily harm were enacted by the National Insurance Institute. These regulations set different criteria than those applied to recognize disabilities in adults. This distinction arises from the understanding that disability allowances for minors are intended to ease the burden of raising children with disabilities and the need to provide special arrangements for them. Conversely, disability allowances for adults are granted due to their reduced ability to earn independently. Accordingly, the eligibility criteria and allowance amounts differ significantly.

Personal Injury Claims for Children and Youth – Contact Our Personal Injury Law Experts

This article outlined the unique rules that apply to personal injury compensation claims for children and youth. It is crucial for parents to be aware of these rules and seek the representation and guidance of a personal injury attorney to pursue compensation claims for themselves and their children. For any additional questions or for advice or assistance on this matter, please contact our office, and we will be happy to assist. Our firm, with offices in Jerusalem and Tel Aviv, specializes in personal injury law and represents minors in bodily harm and traffic accident claims before all judicial authorities and insurance companies.

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03-3724722

055-9781688

office@lawoffice.org.il