Yes, a small claims lawsuit can be filed for personal injury. However, it should be noted that compensation will not exceed NIS 38,900 (as of January 2024). Such claims are filed without a stated sum, as the extent of the damage will be definitively assessed only within the proceedings (by medical experts and the court); therefore, a unilateral medical assessment by the claimant at the time of filing the claim has no real significance.
However, different courts cannot award any amount of compensation, but only in accordance with the jurisdictional ceiling granted to that court (small claims, up to NIS 38,900 as of January 2024; magistrate’s court – up to NIS 2.5 million; district court – unlimited). Therefore, a claimant who chooses to file a personal injury claim in the small claims court, takes into account that at most, compensation of NIS 38,900 will be awarded in their favor.
Considerations for Filing a Personal Injury Claim in the Small Claims Court:
- It is estimated that the personal injuries will not entitle the claimant to an amount exceeding the compensation ceiling that a small claims court is authorized to award (NIS 38,900, as of January 2024);
- It is estimated that the personal injuries may exceed the aforementioned compensation ceiling, but by a small margin, such that it is preferable to forgo the chance of obtaining it in favor of a faster process with lower costs;
- Inability/unwillingness to finance a lawyer and pay high fees and expenses;
- To benefit from the simplified procedures and rules of evidence that apply in the small claims court, which are more lenient towards errors.
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