• Courtesy of Portal What is coming, from: Lawyer Tomer Bachar
Post-traumatic stress disorder (or in professional language: post-traumatic stress disorder, PTSD) is a syndrome that occurs after exposure to traumatic events and which may develop following involvement in a car accident.
People who suffer from post-traumatic stress disorder due to a car accident often experience symptoms such as: flashbacks from the moment of the accident, bad moods, lack of sleep, aggressive behavior, nightmares, depression, difficulty talking about the event, and more. They will often even avoid driving a car themselves or even as passengers, in an attempt to avoid an experience similar to the accident.
It is important to know that post-traumatic stress disorder may develop at different stages after the accident. Some people will suffer from this phenomenon immediately after the accident, while others will have symptoms only a few weeks, months, or years later. Also, there is no correlation between the severity of the accident and the development of post-traumatic stress disorder – even minor accidents may lead to the development of the syndrome.
The Road Accident Victims Compensation Law (the Road Accident Compensation Law) states that any person who suffers 'bodily injury' in a road accident will be entitled to compensation. However, the law defines 'bodily injury' as, among other things, 'physical, mental or intellectual impairment', and therefore post-traumatic stress disorder allows for compensation under the terms of the law.
What is special about the Fatal Accident Law is that it does not require the question of responsibility for causing an accident in order to receive compensation. That is, even if the accident occurred due to the victim's full fault, he will still be entitled to receive compensation for the damage.
also, It is important to note that the right to receive compensation is not conditional on the existence of physical injury.Even if you suffer only from post-traumatic stress disorder, without any physical injury, you will still be entitled to compensation for the mental damage you suffered.
The party against whom the claim will be filed depends on your status at the time of the accident – pedestrian, passenger or driver:
1. Driver – the claim will be filed against the insurance company of the vehicle he is driving.
2. Pedestrian – the claim will be filed against the mandatory insurance of the offending vehicle.
3. Passenger – the claim will be filed against the insurance company of the vehicle in which he was traveling.
In special cases, such as hit-and-run accidents where the driver's identity is unknown or where the driver is uninsured, a claim can be filed with Karnit.'Karnit' is a state-owned body whose job is to ensure compensation according to the Palestinian Civil Liability Law for victims who cannot claim the appropriate insurance.
The court examines several components when it comes to examining the amount of compensation. It is important to emphasize that the amount of compensation can vary from person to person depending on their job, age, family situation, etc. Also, the percentage of medical and functional disability that will be determined following the post-trauma is important.
Typically, the court examines compensation through various 'heads of damage', including:
• Loss of earning capacity – In cases where the injured person can no longer work
• Pain and suffering – Physical and mental pain
• Medical expenses
• Loss of pleasures in life
• Third-party assistance
Thus, for example, in the case of So-and-so v. The Managing Corporation of the Compulsory Vehicle Insurance Database ("Hapool") Ltd. (Tel Aviv (Central District) 11737-02-21) from 2024, the court ruled in favor of the victim of a car accident, a married attorney and father of four children who suffered from post-traumatic stress disorder along with additional physical injuries, for compensation in the amount of 1,300,000, taking into account his salary before the accident, the need for medical help at home, and more.
Filing a successful claim often depends on the first steps you take immediately after the accident. It is advisable to follow the following rules:
1. Seek medical and mental health treatment – Beyond concern for your physical and mental health, only a professional (in this case, a psychiatrist) can diagnose whether you indeed meet the definition of post-traumatic stress disorder.
2. Ask the doctor to document all findings in detail – sometimes insurance companies will try to claim that the victim suffered from post-traumatic stress disorder even before the accident, so it is important for the doctor to emphasize that the syndrome developed following and after the accident.
3. Keep all relevant medical documents – doctor visit summaries, psychiatric assessments, medical prescriptions, and more.
4. Keep receipts for medical expenses such as mental health treatments, hospital evacuation, medications, and more.
As a general rule, the statute of limitations for tort claims, including claims following a car accident, is seven years. Therefore, it is advisable not to delay filing the claim too long for fear that the statute of limitations will pass. On the other hand, sometimes the psychological damage only becomes apparent after some time, so it is worth waiting and seeing if it develops.
At the same time, In my experience, there are cases where a claim can be made even after more than seven years.For example, if the injured party was a minor at the time of the accident, the statute of limitations will only begin for him at the age of 18 and he will be able to sue until the age of 25.
Even in cases where the damage appeared at a later date, or the victim was not mentally competent to file a claim, the statute of limitations will begin from that date. Therefore, I recommend examining each case individually to see if a claim can still be filed, and in any case, consulting with an attorney specializing in representing traffic accident victims as soon as possible after the accident, so as not to miss out on any rights.
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