The plaintiff is currently receiving an income security benefit from the National Insurance Institute. The plaintiff testified about several attempts to find work, including as a cook, but is currently not working (p. 38). According to an actuarial opinion submitted by the state, it appears that the income security benefits that the plaintiff received and will receive until he reaches the age of 67 are ILS 588,870 (as of June 1, 2013, and not including interest on past payments).
- In the aforesaid circumstances, it must be determined that the plaintiff had limited earning potential even before the assault incident and regardless of it. This potential was also slightly damaged by the injuries sustained in the assault incident that worsened his medical condition. However, it is clear that the deterioration of his medical condition following the assault is not the reason why the plaintiff is not earning today, since even in the period preceding the incident he did not work and did not earn any real income. In these circumstances, there is no reason to make a calculation of loss of earnings according to an accurate calculation, and there is room to prefer an estimate by way of an estimate. In this framework, the limited earning potential, the age of the plaintiff and his general medical condition must be taken into account. It should also be taken into account that the plaintiff receives an income security benefit due to his general condition, and it is possible that even if it were not for the deterioration of his medical condition due to the assault incidents, he would not have earned and lived on that benefit. Therefore, I estimate the plaintiff's loss of earnings due to the injuries sustained in the assault incident in the sum of ILS 50,000 in the past and in the sum of ILS 65,000 in the future. This amount also includes the loss of social benefits (the amounts are estimated to date).
Non-pecuniary damage
- The plaintiff was injured in the assault in which he was attacked while he was in custody and handcuffed. The plaintiff sought medical treatment and we saw that the injuries had worsened a previous situation. His medical disability due to the injuries was exacerbated by 19.5%. In these circumstances, taking into account the circumstances of the assault on the one hand, and the disability on the other, I estimate the compensation for the non-pecuniary damage caused to the plaintiff in the sum of ILS 100,000 (as of today).
Expenses
- Although no clear evidence was presented of medical expenses related to the damage caused by the assault, it can be assumed that the plaintiff had such expenses, whether for the purchase of painkillers, travel for treatments, etc. Therefore, I estimate these expenses of the plaintiff in the total sum of ILS 30,000.
Additional damages
- The plaintiff claims that he needed the help of others with household chores and other chores. We saw that the deterioration of the plaintiff's orthopedic condition was very limited. Most of the help he needed, if any, stemmed from his previous medical condition. I am prepared to assume that in the period close to the injury, the plaintiff needed increased assistance from his family members. Therefore, I will estimate this damage at ILS 15,000 (as of today).
There is no reason to award the plaintiff compensation for assistance with mobility or for additional damages.