The defendants claim that the plaintiff does not suffer from limitations as a result of the accident. According to the medical records, the plaintiff has a rich history of chronic pain and limitations, and to the extent that she needed the help of a third party, it was assistance for all of her medical problems.
- According to the ruling, compensation for assistance will be awarded based on evidence brought before the court, with family members receiving compensation when it is proven that it exceeded the scope of the usual assistance between family members. As written in the book of the scholar D. Katzir, "Compensation for Bodily Injury" (Third Edition, 5753-1993), at p. 416: "It is true that when a family member finds himself in distress, his spouse, and perhaps even other family members, should be expected to help and assist him as much as they can. When this assistance does not deviate in scope and essence from the help extended by one spouse to another or between one family member to another during their daily life and their upheavals, then it may not be translated into financial terms." On the other hand, when family members provide services to the victim and invest " extraordinary and exceptional effort" in doing so , beyond what is customary between family members, the injured party has the right to claim compensation for the value of the treatment even in a case where he did not pay for it (see also Civil Appeals Authority 7361/14 Anonymous v. Anonymous [published in Nevo] (January 6, 2015)).
With regard to the amount of compensation, it was determined that the amount should be set at an appropriate rate (see Civil Appeal 93/73 Shoshani v. Krause et al. [published in Nevo] (December 27, 1973)), and that a global amount of compensation can be awarded when no objective data were presented (Civil Appeal 515/83 Agur v. Eisenberg et al. [published in Nevo] (February 26, 1985)). Therefore, the question is not only whether the plaintiff actually received third-party assistance, but whether she was entitled to receive it and whether it was given to her by any person. Accordingly, and in the absence of data regarding the financial expense in kind, the compensation for this head of damage will be determined by way of an estimate.
- The plaintiff suffers from a mild orthopedic disability, as well as pain and mental adjustment difficulties, only part of which is attributed to the accident.
On the basis of the testimonies brought on behalf of the plaintiff, and given the determinations of the orthopedic expert, I am of the opinion that during the period of recovery and temporary disability, the plaintiff required help that somewhat exceeded the assistance provided by family members. Since the plaintiff has returned to functioning and working full-time, she lives alone and functions independently, and has not proven the need to receive additional assistance to a degree that exceeds the norm. However, given the plaintiff's limitations, it can be assumed that she will need help in the future and when she reaches old age.
- In the circumstances of the case, and taking into account the plaintiff's age, I am of the opinion that the compensation should be awarded in accordance with the estimate, and I set the amount of compensation in respect of this component at ILS 15,000, in the past and in the future.
Medical and mobility expenses
- The plaintiff suffers from pain and disc protrusions in her lower back, for which she was recommended to receive treatment with injections and painkillers, and to consider surgical intervention. As for her mental difficulties, the plaintiff was offered medication and psychological treatment, and the psychiatric expert recommended CBT treatment at the HMO.
In practice, except for the recovery period during which the plaintiff received painkillers, physiotherapy treatments, and complementary medicine, the plaintiff does not receive medical treatment for her disability. She testified that she is not interested in medication or surgical intervention, and prefers to treat herself naturally. Therefore, the treatment that the plaintiff receives is the use of medical cannabis, according to a license issued only in January 2024, which includes approval for the use of 20 grams per month.
- In accordance with the receipts attached to her evidence, the plaintiff petitions for compensation for the expenses of complementary medical treatments in the past in the amount of ILS 2,125, expenses for private massage in the amount of ILS 2,880 and expenses for private physiotherapy treatments in the amount of ILS 1,250. The plaintiff also petitions for compensation for the expenses of private doctors' fees, medications, and the receipt of advice regarding the issuance of a license for medical cannabis, in the total amount of ILS 8,340.
In addition, the plaintiff claims that during the recovery period she used medical cannabis extensively, as the witness testified on her behalf, but she does not have receipts for these expenses.