Will Getting Treatment Abroad Affect Your Personal Injury Case?
Will Getting Treatment Abroad Affect Your Personal Injury Case?
Vacationing in a foreign country is supposed to be fun. But when a car accident happens while you’re far from home, your dream vacation can quickly turn into a nightmare. Getting medical care in a different country is hard enough without the added stress of who will pay your medical bills. Most travelers don’t know what they should do if they have an accident in a different country. Here’s what you need to know about receiving treatment abroad and how you can still file a personal injury case.
What You Should Do Right After an Accident Abroad
What you do right after an accident can make or break your case. If you’re involved in an accident overseas, here are the steps you need to take.
Get Medical Care Right Away
Even if you don’t feel hurt, go to a hospital to get checked out as soon as possible. Keep copies of the following:
- Your discharge papers
- Prescriptions
- Receipts and invoices
- Imaging results
- Doctor's notes
- Diagnostic reports
If it’s possible, ask your doctor for copies of your paperwork in English. Also, be sure to get the doctor’s full name and the name of the hospital. Your medical records from another country can still be used in the United States. However, not having enough information can create problems for your case later on.
Report the Accident
Make sure you report the accident properly. Call the police and tell them what happened. Take pictures of the cars, any injuries, license plates, traffic signs and the road conditions. If anyone saw what happened, be sure to get their information and a statement from them. Get insurance information from the other driver. If you’re driving a rental car, collect that information too. After the police make their report, ask for a copy. Having official records of what happened can support your case and prove who was at fault.
Call Your Insurance Company Quickly
Some insurance policies require you to contact them as soon as possible if you’ve been in an accident in a different country. You should also check if your health insurance covers medical treatment overseas. If you have travel insurance, check to see if it covers medical evacuation.
Follow Up With Treatment Once You're Back Home
One of the biggest challenges with international injury cases is “gaps in treatment.” So, when you get home, be sure to see a doctor promptly. Tell them where the accident happened and what treatment you received. Also, let them know of any symptoms you still have. Make sure to bring copies of your medical records, too. This closes any “gaps” in treatment and ensures you are receiving continuous medical care.
Can You Sue the Person Who Caused the Accident?
It is possible to sue someone who caused an accident overseas. However, these kinds of cases are very challenging. In most cases, you should file a lawsuit in the country where your accident happened. Courts in the U.S. usually only have jurisdiction if the one who caused the accident is also a United States citizen.
When Can You Sue in the United States?
There are certain times when you can sue for an overseas accident in the United States. The first circumstance is if the person who hit you or the company is based in the United States. The second is if your accident was caused by a vehicle or product that is based in the United States.
Will Getting Treatment Abroad Affect My Case?
Getting treatment abroad may affect your case. Sometimes, insurance companies will use it to argue that your injuries aren’t as severe as you say they are. They could even say you are exaggerating. It can be hard to verify the cost of overseas treatment. Differences in medical treatment overseas can also make things complicated.
What Are the Main Risks of Seeking Treatment Abroad?
Whether your accident happened in a different country or you traveled somewhere for treatment, there are several risks involved:
- Gaps in evidence - Insurance companies in the U.S. need detailed medical records. Medical notes or tests done in a different country may not translate well. They also may not meet the standards that are required by courts in the U.S.
- Valuation disputes - If you travel far away or take physically demanding trips for medical care, the defense can argue your injuries aren't as bad as you make them seem.
- Costs and damages - Deciding the financial compensation for injuries relies on strict medical billing standards. Any costs that happen in foreign countries are hard to claim.
- Malpractice complication - If the medical care you received in a different country was not up to standard, you may not be able to sue for costs.
Understanding Your Rights as an Injured American Abroad
Accidents and injuries don’t just happen while you’re at home. Sometimes they can ruin your vacation. Getting hurt anywhere is scary, but it can be even more upsetting if you are in a different country. If you get hurt while on a trip abroad and need medical attention, here’s what you need to know.
Car Accident in Other Countries
If you are in a car accident, your insurance coverage usually won’t cover you if you drive in another country. Call your insurance company before you travel to know for sure. If they won’t cover you, then be prepared to purchase coverage from the rental car company you use. Make sure it covers injuries and property damage.
Whether you can sue another driver for damages from an accident depends on the country where it happened. You should contact a car accident lawyer in the country where the injury happened to see if you can make a claim under that country’s laws.
Legal Risks for Medical Tourism
As with car accident claims, medical malpractice claims can work differently in other countries. Be careful where you go for surgery abroad. If you have an emergency overseas, your travel insurance may cover the cost. Travel insurance is for things like emergency services, air ambulances and medical bills. Each policy has its own rules for filing claims, so read the fine print carefully.
Can You Sue if You've Been Hurt in a Different Country?
Many countries have laws that protect people hurt in accidents and require them to be paid for their injuries. Unfortunately, these systems can vary widely. You can usually sue if you’ve been hurt abroad. However, you need a personal injury attorney familiar with that country’s laws.
Can I Sue for Wrongful Death if It Happened in a Different Country?
If your family member or loved one has been killed overseas, you may be able to file a claim. Depending on who caused the death, you may also be able to file a claim in the United States. In some situations, a person who has enough ties to the United States can be sued in American courts. This is especially true with businesses. In these cases, you should speak with a car accident lawyer with experience in these cases.
Can I Get Workers' Comp for Getting Hurt on Vacation?
Every now and then, work can get in the way of vacation time. If you are hurt because of work while on vacation, you may be able to get workers’ compensation. However, this depends on whether your injury was work-related. If you’re hurt while on a business trip overseas or while performing a work function in a different country, call your human resources department. They can help determine if you qualify for workers’ compensation and explain your rights to you.
Putting Your Health First and Protecting Your Rights
If you’ve been hurt in a different country, the first thing you need to do is to seek immediate help. Your health always comes first. Document everything. This includes taking photos, getting witness information and keeping copies of your medical reports.
Never sign a document if you don’t understand it. You may be asked to sign away your rights and not know it. Finally, contact a law firm that has experience in international law. They can help guide you through the rest of the process.
Why Hire a Law Firm That's Familiar With International Law?
If you’ve been hurt overseas, you’ll need a personal injury attorney that’s familiar with international law. The laws in the country you’re in may be very different. You also may not understand the language, and getting your medical records can feel impossible.
A law firm that has international experience is helpful because they know how to handle these kinds of issues. They are familiar with the legal systems in that country and the country you’re from.
Every country has its own rules about who is responsible for an accident, how much money a person can receive and how long you have to file a claim. A local lawyer may only know the laws where you live. A lawyer with international experience will know which country’s laws apply, where the case should be filed and how to avoid costly mistakes.
They Can Deal With Overseas Companies
Many accidents that occur in different countries involve:
- An airline
- Hotel
- Cruise company
- Tour company
- Foreign driver
- Trucking company
An experienced international lawyer may know how to contact these businesses and get them to respond to you instead of ignoring you.
They Assist With Language and Paperwork
If you’re in an accident in another country, the medical records, police reports and insurance forms may be in a different language. An international law firm may have translators, overseas partners and people who understand foreign legal paperwork. This saves you from having to try to figure out everything on your own.
They Know Which Courts Are the Best
Sometimes you can sue in the country where the accident happened, in the U.S. or both. An international lawyer can help you choose the court that is likely to compensate you the best. This can matter a lot in these kinds of cases. Some countries pay very little, or the court moves very slowly. Sometimes they make cases very hard to win.
They Understand Travel-Related Injuries
Many accidents that happen overseas occur due to:
- Vacation injuries
- Airplane accidents
- Overseas car crashes
- Cruise ship injuries
- Injuries while working
- Injuries at a resort or hotel
International accident firms see these kinds of situations all the time. Because of this, they know all the tricks that an insurance company will try.
They Can Coordinate Medical Evidence Across Countries
If you were hurt overseas, you likely had medical treatment right away. Once you got back home, you probably continued treatment. Your case may involve doctors from many countries. An international lawyer can handle all the details, including:
- Foreign medical records
- Doctor statements
- Bills in different countries
- Proof of cost of future treatment
It can be hard to collect all this information yourself. Your lawyer can streamline the process so you can focus on healing.
They Might Recover More Money for You
The legal process can be overwhelming. Sometimes people may be tempted to settle their lawsuit quicker than they should. By working with an experienced lawyer, they may make the process easier and spot damages that you didn’t know you could claim. These can include:
- Future medical cost
- Travel expenses
- Lost income
- Long-term disability
- Emotional suffering
Your lawyer will do their best to make sure you receive the payment you deserve.
Receiving medical care in another country can affect your legal case. But sometimes getting care is unavoidable, especially if you were seriously hurt. By finding a lawyer that is experienced in these kinds of cases, you’ll be much more likely to win, even if you did get overseas medical care. If you are thinking of making a claim for an accident that happened overseas, be sure to get legal advice before moving forward.