People find it complicated and confusing to determine which legal professional they should hire when they get injured in another country. It is important that any legal information is sought from a lawyer of that country while you’re there. However, the option of hiring an international lawyer in the United States is also available.
Handling an Injury Abroad
Any person who gets injured because of the direct responsibility of another party is entitled to get some compensation from the responsible party. In cases where there may be chances of court inclusion, it is important that the injured party hires an international attorney. Since the legal system of the other country may differ from that of the United States, it may complicate things further. If someone gets injured in a country where the legal structures are similar to those in the United States, then the procedure may work in a similar way. However, the process of filing a personal injury case involves vastly different steps in countries where the legal structures are different.
Filing the Lawsuit
A personal injury lawsuit can be filed and processed in the United States depending on the industry or company in which an individual works. This is possible for employees of companies that have ties to the United States where the employees are working offsite for the American company. Proceedings of such cases go through a personal injury claim or worker’s compensation claim. Another option involves hiring a lawyer after returning to your own country.
Figuring out Jurisdiction
Someone who gets injured in another country will have to consult a lawyer in order to get thorough knowledge of the proceedings in that jurisdiction. In case the matter is connected to a specific country, the plaintiff will have to get an attorney of that country to investigate and analyze the whole incident. If the injured is an employee of the company who is linked to the United States or a legal structure that is the same or similar to that of America, such countries allow the injured person to engage the country of his origin to begin a lawsuit against the accused individual or party. Employees of a company can seek legal support immediately in order to build a case.
Sometimes, cases that occur in a country other than the United States can be filed and proceeded with in the United States. The injured, however, is required to discuss the matter with a lawyer. The lawyer is required to review the situation of the injured party in detail to see if the jurisdictional matters allow him or her to file the case in another location. The location and the court where the cases will be filed depend on the discussion of the involved parties and the factors of the case.
Someone who suffers an injury in a foreign country will have to determine where and how would he or she would like to initiate lawsuit proceedings. The matter should be discussed with a lawyer in that country or in the United States to make a decision about where to pursue the legal procedure. If the injured opts for the country of origin to initiate the claim, communication can help him to not only hire a lawyer but also to initiate the claim. However, if the case is required to proceed in the foreign country, the injured will have to hire an international or foreign attorney. It is important to consult legal professionals in that specific country because they may resolve the matter of hiring an attorney.
Legal Hire and Support for the Injured
After deciding all matters regarding which country the case will proceed in, the injured will know from where he or she can hire the lawyer. In order to decide foreign matters, an international lawyer or a local foreign lawyer can be hired to provide insights into some of the legal issues that they can expect to come across in that country. In conditions where personal injuries are allowed to proceed within the United States, the plaintiff will have to remain in the country where the injuries were suffered. Therefore, it is important to gain sufficient evidence for the claim. An experienced attorney can help understand how the case will proceed through different steps and when the injured will be allowed to go home.
It is important that the injured person receives the support he needs while he stays in the foreign country. Therefore, constant communication with the personal injury lawyer is very important to keep the client in the loop at all times. Any paperwork involved and available evidence that will support the claim should be safely and properly kept.
Steps to follow if you suffer an injury abroad
If you get injured while you are on a holiday, how you booked your holiday may also determine the proceedings of your case. However, it is important that you follow the following mentioned steps whatever the condition of your case may be.
- Contact an attorney experienced in dealing with personal injury claims that are suffered abroad.
- Make sure necessary arrangements are made to receive medical care.
- Get a written accident report that includes even subtle details of the injuries you suffered. If possible, take photographs of the injuries before and after they are treated.
- Get statements from witnesses and do not forget to get their contact details so that you can contact them in the future.
- Do not accept any financial offers of compensation, unless an experienced attorney advises you to do so.
Remember, different countries have different legal structures and each one of them has a different limitation periods in which you can make a claim. Once this period is over, you cannot ask for any compensation. For example, in Spain, the proceedings are required to be initiated within a year after the accident, while the limitation is 10 years in France. Injuries that occur on a boat or a plane usually have a limitation period of 2 years.