Israeli Court Awards Nearly 550,000 Shekels to Soldier After Accident and Cannabis Addiction

An Israeli young man who was involved in a car accident in late 2021 while serving as an IDF soldier will receive compensation of approximately 550,000 shekels from his insurer, Phoenix Insurance, following a ruling by the Herzliya Magistrate's Court. Senior Judge Limor Reich determined that the damages, which include post-traumatic stress disorder (PTSD) and cannabis addiction, significantly affect the claimant's functioning and earning capacity.

The claimant filed the lawsuit in March 2023, with no dispute over Phoenix's liability but disagreement over the extent of damages. The insurance company argued that the recognized 19% medical disability related to neurology, orthopedics, psychiatry, and PTSD had no functional impact. Conversely, the claimant's attorney, Elad Giovani, contended that the functional disability was higher at 25%, citing difficulties in maintaining employment due to severe back pain, concentration problems, migraines, and anxiety about driving, which led to early military discharge.

Judge Reich accepted the court-appointed experts' findings, setting the weighted medical disability at 18.77%. While she rejected the claimant's higher functional disability claim, she also dismissed Phoenix's argument that the medical disability had no functional significance. Considering the claimant's young age at the time of the accident (19.5) and currently (24), and the cumulative nature of his disabilities, the court ruled that his work capacity was impaired, justifying compensation for future lost earnings.

The ruling also included coverage for past and future medical expenses, including medical cannabis. The court acknowledged the claimant's cannabis addiction, noting he exceeded his legal prescription by obtaining additional amounts through family members. Despite the Ministry of Health's position against cannabis for PTSD patients, the court accepted expert psychiatric testimony supporting the claimant's need for cannabis, citing its effectiveness in alleviating nightmares and insomnia. The fact that the Ministry of Defense and health funds continue to issue cannabis prescriptions further supported the claim.

In total, the court awarded 548,717 shekels plus legal costs and attorney fees to the claimant. The case was represented by attorneys Elad Giovani for the claimant and Ziv Mandelovitz for Phoenix Insurance.