There are some hurdles that you may have to jump over in order to get compensation for an injury you may suffered in a foreign country. The reason why it is difficult is because it is expensive to investigate an injury, and identifying foreign witnesses can be even more difficult. Therefore, you need to follow these tips to maximize your chances of getting personal injury compensation when traveling abroad.
What To Do After Getting Injured?
If you find yourself unfortunately injured in a foreign country to the point where you may want a personal injury attorney, it is important to prioritize what steps to take after. Your safety takes priority, which means that you need to get medical care. You may want to prefer waiting and seeing your own provider to determine the extent of your injury, but delays in treatment may make your condition worse. This means you should take advantage of resources available to use and seek care in your area.
Next, you will want to take photographs as a form of documentation. The location and your injuries at the scene should be taken. Gathering other information such as witnesses, insurance information and license plate numbers are also important. Tracking down witnesses upon returning to the US can be difficult, so contact information should be taken when available.
Then, getting an accident report should be arranged. If the accident happens in a restaurant, cruise ship or some other business, you need to contact the manager and ensure it is filed and that you have a report sent to you. At that point, you can call your insurance provider prior to leaving to explain the situation and contact an experienced personal injury attorney. Preferably, the attorney should have a background in handling claims in foreign countries.
Getting Compensated
Suing a foreign citizen or business if you’re injured while on vacation depends on many things. The country’s own legal systems will determine the ability to bring in a claim for an injury. This can also determine what Tampa personal injury attorney you may require to look at your case. Foreign countries may not recognize similar claims the US does, and monetary limits may also be set.
There is a legal concept that is commonly known as “forum non-conveniens” that allows foreign businesses to challenge claims that’s brought against them in the United States. They can simply argue that being sued in the United States is not convenient for them. If you require more clarity, you can contact a Tampa personal injury attorney to elaborate further on the legality of the situation.
There is also the question of whether or not American courts would have jurisdiction over the business or person in question, and these questions can be very complicated. If the foreign citizen lives in your state, a U.S. court may have jurisdiction. They also may have jurisdiction if the defendant actually agrees to it.
Filing a Claim
Your ability to get compensation may also depend on what you were doing during that accident. Legal rulings exist as to what will qualify you to get compensation and how much you will get. The same principle applies if you were on a business trip abroad and get injured.
In this scenario, your injury would be covered by a workers’ compensation claim. However, if the accident happened while you were traveling, how to handle it isn’t always clear. This is because there are many legal interpretations as to what qualifies as a work environment. With that said, the rule of thumb is to not wait until you return from your trip to file a claim. Someone needs to be contacted as soon as possible, because many entities have rules regarding filing claims in a timely manner.
Another important aspect is to always make sure that you document everything. Just like in the medical world, if isn’t documented, it will be interpreted as something never happened. Once you’ve filed a claim, you may be referred to a doctor. Remember not to wait until your claim is denied by the insurance company before getting legal advice. Seek out legal counsel at your earliest convenience to increase your chances of getting compensated
