Whether you go for business or pleasure, traveling to another country carries some risk. Any time you are harmed by someone else’s negligence, you may want to pursue compensation. However, international personal injury claims are as complex as you might expect, considering you have to know how to sue under another country’s laws.
Personal Injury Laws, Generally
All personal injury claims contain two issues:
- Liability. As you try to be compensated for your injuries, you will need to know who is liable. Whose negligence, intentionally or unintentionally, hurt you.
- Damages. You’ve been hurt, or you would not be claiming a personal injury. But how much are your damages, both economic and non-economic?
In addition to these two elements, your claim needs to adhere to certain laws. Two types of laws may apply to your personal injury case:
Jurisdiction. You have to file your lawsuit in the right country and the right court. Most often, you will sue where the injury occurred. However, jurisdiction may depend on location and who you are suing. If companies with strong ties to the United States are involved, you may be able to sue in the United States. But your attorney can help you choose the court after discussing the facts of your case with you.
Statute of limitations – Don’t wait to talk to an attorney. In most cases, you have a limited to file your lawsuit.
Of course, these are not the only two laws that apply. Some states and countries have damage caps that limit how much you can receive. Others restrict who you can sue or how much you can recover.
Important Factors to Consider
As you consider how to sue or otherwise pursue compensation, keep the following things in mind:
Ownership. In some cases, it is important to find out who owns the property where you were hurt. In others, like a traffic accident, property ownership may not matter as much as ownership of the other vehicles. For instance, a resort in Italy might be owned by a company from the United States or another country, giving you the option to sue in the United States or Italy.
Also, some travelers sign up with U.S.-based companies that provide overseas tours. You may be able to sue this type of company in the United States if it contributed to your injuries.
Filing Your Case in Another Country
After discussing your case with your attorney, you may begin preparing to file a lawsuit.
- You will need to gather information, including medical records if available. Also, collect photographs that show your injuries and where the injuries occurred.
- Try to get the names and contact information for anyone who witnessed your accident.
- If you have not already done so, file accident reports with authorities and any companies that are involved.
- Make copies of any documents you signed before traveling for your attorney. These may contain arbitration clauses or other restrictions on handling injuries.
If you did sign any waivers that appear to restrict your rights, talk to an attorney anyway. It still may be possible to sue companies or individuals that were negligent or irresponsible.
Talk to Attorneys Who Understand How to Sue Someone Who Has Harmed You
At the Dailey Law Firm, P.C., our team of skilled lawyers and professionals provide sound and current legal representation that you need. Call us at 844-342-5353 to set up a free consultation or use the Contact Form on our website. There’s no fee for personal injury cases unless we win.