Tort lawyer: Guy Cohen & Co. Law firm

1. Document everything

In a tort claim, documentation is the key: medical documents, invoices, receipts, photos, correspondence and recordings. Every piece of information is important.

Collect and keep every document, even if you are not sure it is relevant to the case. In a tort claim, any document related to the event in which you were damaged is important evidence that may support the damage caused to you and its effects.

Here are four examples of documentation methods essential to a successful tort claim:

• Contact information: Collect the identifying information of each person who was involved in the damage incident. Clearly, the details of the cause of the damage must be obtained, but it is equally important to collect the identifying details of everyone who witnessed the incident.

• Photographs: This is the time to sharpen your photography talent. Take out your smartphone, take stills and video of the place of the event and the people involved. Even a detail that may seem marginal at the time of the event, may be of great value in court.
• Interviews: Fulfill your dream to become an investigative journalist, voice over the people involved in the damage, and record the conversation.
• Cameras in the area: as soon as possible after the event ask for the video of the closed circuit cameras, if the damage happened at a workplace or in a private place, or the video of the street cameras where the damage happened. This documentation may be the key to the success of the tort claim.

Even if the film is deleted or lost, the mere fact that you applied to receive the film will give you points in court. Keep a reference documenting your request to receive the film.

2. Collect medical documents

When you start preparing a tort claim, one of the most critical things is collecting any medical documents that may indicate the damage caused to you. Make an urgent appointment with a doctor who specializes in the type of damage caused to you, as close to the time of the event as possible and tell him everything you know about the damage and its physical effects.

Here are three tips for the right conduct with doctors in a tort claim:

• Don't wait even one day: go for immediate medical treatment at the HMO or the hospital, on the same day the accident or the damage occurred. Even if the damage is minor, any delay may damage the tort claim.
• Tell the doctor how the accident happened. Don't miss any detail, and don't be afraid to take up the expensive time of the doctor. Make sure that the circumstances of the accident are recorded in the medical documents according to your version of events. The medical record is a very significant key to a successful tort claim.
• Tell the doctor where you were hurt and what you feel. The more accurately the description of the injury and damage caused is recorded by the doctor in the medical file, the greater the chance of success in the tort claim. Don't ignore your body sensations. Any sensation, even a slight one, may be relevant. For example, mild neck discomfort may indicate something more serious.

3. Check the financial assets

There are cases where compensation can be received not only from the person responsible for the damage. Check with the insurance company whether you have a disability policy; Find out what the National Insurance obligation is towards you, and whether the pension fund or the provident fund can compensate you.

4. Maintain your right to remain silent

Experience shows that the person responsible for the damage or people on his behalf may engage in a conversation with you and try to claim that the damage caused to you is not so serious, that you were not harmed at all, or that the responsibility is not on his shoulders, etc.

Our recommendation is unequivocal to avoid participating in such a conversation, when the rule is "respect him – and suspect him". Speak respectfully to those who try to talk to you about the event, but avoid giving details. Why? Because during the conversation you may reveal a detail, or convey a feeling to the other party, which may weaken your claim for damages.

Tip: Practice the same conduct with the insurance company of the person responsible for the damage – it is better not to respond to their claims at all.

5. Consult a tort lawyer

Every mountain climber needs an experienced guide by him. Filling a tort claim is no different. Here are the three main reasons to consult with a lawyer specializing in tort claims, as close as possible to the damage event:

Even if you are 100 percent sure that a certain person or group caused you damage, an experienced tort lawyer will be able to give you a different perspective on the matter. For example, to draw your attention to other people or entities from whom you can demand compensation.

Even if it is clear beyond a reasonable doubt that a specific person or group is indeed responsible for the damage – assessing the amount of compensation you deserve is extremely complex and complicated. Do you deserve X, or 3X? And maybe just half X? In order for you not only to win the tort claim, but also to receive the compensation you deserve, lawyers specializing in torts are required to be familiar with a huge variety of legal questions and precedents, contract law, insurance law, pension law and of course the art of court litigation.

It is almost never possible to determine with certainty what the scope of the damage, the scope of the compensation and the scope of responsibility of the cause of the damage is. For this reason, the judges in tort adjudication have a wide variety of opinions and discretion to make changes and adjustments.

These circumstances make the way the claim and the evidence is presented in court crucially important to the outcome that will be obtained. A lawyer specialized and experienced in tort claims knows how to properly prepare for the court appearance in order to increase the chances of the tort claim being accepted at the amount of the adequate compensation you requested.