Civil lawsuit for assault – what compensation can be demanded from the attacker?

A civil lawsuit for assault is designed to allow the victim to receive financial compensation from the attacker for the damages the attacker caused them. These damages can be monetary (damages that can be quantified in money) or Non-pecuniary damages (Damages that cannot be quantified in money, such as pain and suffering, Mental anguish etc').

The amount of monetary compensation in a civil lawsuit for assault is determined according to the actual damage caused to the victim. The more severe the damage, the higher the compensation, and vice versa. For example: a lawsuit after an assault and a broken arm will (usually) lead to higher monetary compensation compared to a lawsuit after an assault that did not result in fractures.

Of course, there are exceptions: there may be an attack that did not cause fractures but may have caused tremendous psychological damage. Each case must be examined on its own merits in order to understand what a civil lawsuit for assault can achieve for the victim.

Civil suit for assault – relevant legal provisions

Before starting to talk about a civil lawsuit for assault, it is worth familiarizing yourself with the relevant legal provisions that can be relied upon.

Section 378 of the Penal Code:

Assault – what is it?

Whoever strikes, touches, pushes, or otherwise applies force to a person's body, directly or indirectly, without his consent or with his consent obtained by fraud - this is assault; and for this purpose, the application of force - including the application of heat, light, electricity, gas, smell, or any other thing or substance, if they are applied to an extent that is likely to cause damage or discomfort.

Section 23 of the Torts Ordinance:

attack

23. (a) Assault is the intentional use of force of any kind against the body of a person by hitting, touching, moving or in any other way, whether directly or indirectly, without the person's consent or his consent obtained by fraud, as well as an attempt or threat, by act or by movement, to use such force against the body of a person, when the attempter or the threater causes the person to assume, on reasonable grounds, that he does indeed have the intention and ability to carry out his plan at that time.

(ב) "שימוש בכוח", לענין סעיף זה – לרבות שימוש בחום, באור, בחשמל, בגאז, בריח או בכל דבר או חומר אחר, אם השתמשו בהם במידה שיש בה להזיק.

From these legal provisions we learn that the legislature defined assault very broadly. This does not mean that every act should be subject to a civil suit for assault, since monetary compensation significant Will only be given in cases of assault that caused actual damage. The more severe the damage, the higher the financial compensation will be.

What do you do before filing a civil lawsuit for assault?

The first thing you should do after being attacked is not necessarily Contacting the Israel Police By filing a complaint, but by documenting the damages you suffered.

For example: If you were attacked and suffered fractures and bruises, if it is possible to document the damage near the time of the attack – do so. If not, make sure to go to the hospital so that they can begin your treatment there, and ask the medical team to document the physical damage you suffered in photos and videos. Of course, it is important to have appropriate written medical documentation of the damage you suffered, the treatment you underwent, the physical damage you suffered, and the recommendations for further treatment.

After you have treated yourself for the assault and documented the damage you suffered, contact the Israel Police and file a complaint. You can attach photos of the damage you suffered to the complaint. If there is documentation of the actual assault (for example, from security cameras), forward this documentation to the police, so that it will be easier to conduct the investigation, and you will also increase the chance that the complaint will not be closed due to lack of evidence.

Why is it important to file a police report before filing a civil lawsuit for assault?

It is very important to file a police report before filing a civil lawsuit for assault because if the police conclude that an assault did occur, they will recommend filing charges against the perpetrator. If this happens, the prosecutor's office will conduct criminal proceedings against the perpetrator with the aim of convicting him of assault.

If the court convicts the attacker and sentences him, the findings of the criminal proceedings can be used in a civil proceeding called a civil lawsuit resulting in a criminal conviction.

What is a civil lawsuit resulting from a criminal conviction?

To understand what a civil lawsuit is based on a criminal conviction, one needs to be familiar with a number of relevant legal provisions.

Regulation 19 of the Civil Procedure Regulations:

A civil lawsuit is pending.

תביעה אזרחית כאמור בסעיף 77 לחוק תוכתר במילים "תביעה אזרחית נגררת להרשעה בפלילים" ותוגש בתוך תשעים ימים לאחר שפסק הדין בפלילים הפך לחלוט.

Section 77 of the Courts Law:

סמכות אזרחית נגררת לפלילית

(a) If a person is convicted in a Magistrate's Court or a District Court and a civil suit is filed against him - and against him alone - due to the facts constituting the offense of which he was convicted, the judge or magistrate who convicted him is authorized, after the criminal judgment has become final, to hear the civil suit, if requested by the plaintiff; for this purpose, a District Court is authorized to hear the suit even if the value of the suit falls within the jurisdiction of a Magistrate's Court.

(b) The Minister of Justice shall determine by regulations the procedures in civil lawsuits, including provisions regarding the time and manner of filing the lawsuit and the procedures in appeal.

Section 42A(a) of the Evidence Ordinance

Admissibility of a judgment

(a) The findings and conclusions of a final judgment in a criminal case, convicting the accused, shall be admissible in civil law as prima facie evidence of the contents thereof if the convicted person or his substitute or a person whose liability arises from the liability of the convicted person, including the person to whom the judgment is made, is a party in civil law.

The main characteristics of a civil lawsuit being dragged on For criminal convictions

1. It can be filed within 90 days from the date the verdict in the criminal proceeding became final (can no longer be appealed). If An appeal has been filed. We have to wait until after the verdict in the appeal process.
2. There is no need to prove the commission of the offense of assault or the responsibility of the attacker, because this has already been proven in the criminal proceedings.
3. A civil lawsuit resulting in a criminal conviction is heard before the same judge who heard the criminal case, meaning that the judge already knows all the facts.

While a civil lawsuit following a criminal conviction has many advantages, the victim may not always be mentally (or for other reasons) prepared to file the lawsuit within 90 days of the criminal judgment becoming final. This does not mean that he cannot file a civil lawsuit for assault, but all it does mean is that he will have to conduct a slightly longer procedure and again prove in the civil lawsuit that the attacker is responsible for the damages he suffered.

What financial compensation can be demanded from the attacker in a civil lawsuit for assault?

Civil lawsuit for assault to receive compensation for financial damage

One of the goals of any civil lawsuit for assault is to obtain financial compensation from the plaintiff for the financial damage caused to the victim. For example: It is possible that as a result of the assault the victim was forced to pay a large amount of money for medical treatment, it is possible that as a result of the assault the victim was not only unable to work until the due date Filing a lawsuit Rather, he cannot return to his job at all, and therefore financial compensation is required not only for the loss of working days but also for the inability to return to earning income under the same conditions (loss of earnings).

If, as part of the claim, damage was also caused to the victim's property, these damages must also be quantified and detailed in the claim.

It should be taken into account that some of the damages may need to be proven through Expert opinion.

Civil lawsuit for assault for non-pecuniary damage

Another (and important!) component in a civil assault lawsuit is monetary relief for non-pecuniary damage. Non-pecuniary damage cannot be quantified in a simple and uniform manner and varies from victim to victim, so compensation for pain and suffering/mental anguish is determined differently by each judge hearing the case.

The more serious the attack, the higher the likelihood of receiving financial compensation for non-pecuniary damage. The compensation can reach very significant amounts.

In conclusion

The purpose of a civil lawsuit for assault is to obtain financial compensation from the attacker. The financial compensation should reflect reimbursement/compensation for financial damages suffered by the victim, as well as financial compensation for non-financial damages suffered by the victim.

It is highly advisable to file a police report for assault. If the report is not closed but an indictment is filed, and the attacker is convicted, a civil lawsuit can be filed against him, followed by a criminal conviction. This is a procedure with many advantages, but the disadvantage is that it must be filed with the court within 90 days of the date the criminal proceeding becomes final (it cannot be appealed).

If the victim is unable to file a civil lawsuit following a criminal conviction, the option is open to him to file a civil lawsuit for assault.