Travel offers exciting adventures, packed with things to look forward to, along with ample surprises. But even a minor injury while being away from your comfort zone can leave you in a challenging predicament.
Apart from pain and confusion of what to do next, the possible lack of information about injury claims, and handling the situation in a different city or country might be daunting.
A travel injury could include slipping and falling at your hotel, a road accident, or a mishap while taking part in an adventurous activity. In situations like these, it becomes imperative to get an attorney who specializes in travel injuries. They can help you receive proper compensation for damages caused due to negligence.
In this guide, we’ll walk you through the legal nuances of travel injuries and the key factors to consider while hiring the right personal injury attorney to help you make an informed decision.
Understanding Travel Injuries
Broadly, there are five types of travel injuries that a traveler might encounter. These include transportation accidents, hotel accidents, assaults and crimes, adventure-related accidents, and food poisoning.
There are three major legal considerations when it comes to travel injuries.
1. Jurisdiction
The laws that govern travel injuries often revolve around where the incident has taken place. There is no uniform set of laws for every state or country. This may get slightly complex, making it necessary for the person to employ an attorney to file for compensation.
2. Liable Party
Before moving on to hiring a lawyer and seeking compensation, one must examine the party liable for the mishap. It could be an airline, railway, hotel, tour operators, or others.
3. Negligence
One has to prove negligence on the part of the liable party to file a case and seek compensation. For instance, in February 2023, a teenage volleyball player from Tennessee sued the city of St. Louis, and two drivers were involved in a crash that caused her to lose both her legs.
The lawsuit blamed the city for being negligent and failing to maintain a safe intersection. Apart from the driver, his mother, who obtained the rental car (involved in the crash) was also held responsible, as she knew of his reckless driving habits. The car rental company was also held liable.
In cases like these, it’s best to have the right person on your side, fighting your case. For instance, since this incident occurred in St. Louis, hiring a proficient St. Louis personal injury attorney would be the best option.
To be better prepared in unforeseen events like these, let’s go over a quick list of what you should be doing immediately after a travel injury.
Steps After Facing a Travel Injury
- Seek medical attention.
- Report the incident.
- Gather information in the form of photographs, witness statements, and any other proof if possible.
- Get detailed information about worker’s compensation if you are traveling for work purposes.
- Notify the incident to your insurance company.
- Determine the jurisdiction.
- Ensure you are fit to travel back home.
Travel Injury Compensation
Every injury is different, states TorHoerman Law. There cannot be one type or one amount of compensation that works for all cases. The severity of the injury, the level of potential negligence, the circumstances, the applicable laws in the jurisdiction where the injury occurred, and the insurance coverage makes each incident different.
Here are some types of travel injury claims:
Medical Bills
Medical expenses may differ based on the seriousness of the injury. This includes emergency room visits, hospital stays, doctor’s appointments, medicines, and rehabilitation expenses if needed.
Loss of Wages
In the event that the traveler has been severely injured, it is possible that they may not attend work for a few days or weeks. This can result in a loss of wages or potential bonuses.
Property Damage
This covers costs related to damages to luggage, like bags or suitcases. It also involves compensation for items like electronic goods or clothes.
Pain
According to Forbes, other non-economic damages include loss of enjoyment of life, disfigurements, pain and suffering, and emotional distress or mental anguish arising due to the incident. It is more difficult to calculate this type of damage.
Some adults may also face PTSD as a result of a severe personal injury. PTSD can develop as a response to accidents, natural disasters, or violent experiences. It is estimated that in PTSD cases, approximately 36.6% of adults face serious impairment.
To ensure that you can seek fair compensation, it’s necessary to pick the right lawyer. In the next section, let’s take a look at how you can go about it.
Selecting the Appropriate Personal Injury Attorney
Thorough Research
Shortlist personal injury attorneys who have experience in travel-related cases. Review their credentials, degree, and, most importantly, their bar association membership. Read testimonials from previous clients for a better understanding.
Assess Past Records
Ensure the personal injury lawyer selected has a successful track record in similar cases. Although the past record may not guarantee success, it reflects the ability of the lawyer to handle the case and get the client maximum compensation.
Analyze Fee Structure
Working on a contingency fee basis is common these days. This means that personal injury attorneys only get paid when they win the case. Make sure all the minute details of the fee structure are discussed in advance. Ask the lawyer to maintain transparency so that there are no last-minute hidden expenses.
Competent Staff
Filing an injury claim that amounts to nothing is a waste of time for both parties. A skilled attorney always has an efficient legal team, including medical treatment experts, sharp assistants, and investigators.
Frequently Asked Questions (FAQs)
I have recently been in an accident overseas. What should I do next?
Start by seeking medical help as soon as possible. Next, report the incident to the police and file a report. Gather proof, take photographs, and make a note of witnesses. Don’t forget to make copies of the police report. Hire a personal injury attorney that suits you best from a reputed law firm.
Will I get compensation even if I am partly at fault in an overseas accident?
Yes. Even if you are partly at fault, you can still seek compensation. Provide your personal injury lawyer with as much information as possible to make your case stronger and gather all the necessary resources.
What evidence do I require to claim travel injury compensation?
Be ready with all the information about the incident, the party liable, the witnesses present, and more. Keep all official reports, witness statements, police reports, and CCTV footage ready. Keep your medical bills and reports safe. If there are any photographs, that will make the case stronger.
Parting Thoughts
In the past five years, travel injury claims have risen by approximately 15%. On account of this, it becomes imperative to choose the right attorney, as it can considerably affect the outcome of the case. Consider pressing factors like the lawyer’s experience with travel-related cases, his past records, and the fee structure.
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