Similarly, I do not see fit to determine that this was a futile proceeding or that a "predatory defense" was applied, as the plaintiff claims, since I was under the impression that each party was convinced of its rightness, and sought to prove its claims in a legitimate and acceptable manner.
- Therefore, I do not accept the arguments of the parties regarding the award of attorneys' fees and special expenses.
Conclusion
- After it has been determined that the circumstances of the incident and the causal connection to the injury caused to the plaintiff have been proven, and after it has been proven that it was a road accident and the liability of the defendants has been proven, the claim must be accepted, as well as the notice to a third party must be accepted in full, in accordance with the provisions of section 9(a) of the Road Accident Victims Compensation Law.
- The total amount of compensation to be awarded in favor of the plaintiff is as follows:
Past salary losses, including pensions: 32,100 ₪
Loss of earning capacity, including pension 125,000 ₪
Helping others 15,000 ₪
Medical and mobility expenses 25,000 ₪
Non-pecuniary damage 34,276 ₪
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Total 231,376 ₪
- The defendants will pay the plaintiff, jointly and severally, the sum of ILS 231,376, plus attorneys' fees, at a rate of 15.34% (including VAT) of the amount awarded and fees. The amount of the judgment will be paid within 30 days from today, otherwise linkage differences and interest will be borne in accordance with the law from the date of the judgment until the date of actual payment.
The third party is obligated to respond to the notice and indemnify it in any amount it will pay to the plaintiff, plus attorneys' fees at the rate of 15.34% (including VAT) of the amount awarded above, plus the sums paid to experts on behalf of the court as well as the fee for the notice to a third party.