Injured Abroad: Top 5 Laws You Need to Know
Accidents and injuries don't just happen at home — sometimes they can ruin a vacation or work trip. And while getting hurt anywhere is scary, getting injured abroad can be even more upsetting when you are outside of your home country and unfamiliar with foreign medical facilities, medical care, or the local law.
If you're gearing up for a Spring Break trip or picked up an injury while on a Christmas vacation abroad where you needed immediate medical attention, here are some things you need to know:
Car Accidents in Other Countries
While fender benders in America can be pretty standard, car accident liability can work a little differently in other countries. Be aware that your car insurance coverage from the United States typically will not cover you while driving in another country. You should speak to your insurance company before you travel to confirm this. If your car insurance does not cover you be prepared to purchase coverage directly from the rental car company and make sure it covers any injuries and property damage. Whether you can sue another driver for damage or injuries you may have from a car accident may depend on the law in the country where the accident occurred. You might need to contact an attorney (sometimes known as a solicitor) in the country where the injury took place to see if you have a personal injury claim under that country’s laws.
Legal Risks for Medical Tourists
Yes, medical tourism is a thing. Often, Americans seek surgeries and medical treatments abroad because those medical procedures are restricted or banned in the United States, but those bans are normally there to protect patient safety. As with car accidents, medical malpractice claims can function differently (or not at all) in other countries, so be wary about where, and to which doctors, you go for surgery abroad.
If you have a medical emergency while abroad the cost may be covered by the travel insurance you purchased before your trip. Travel insurance is designed for things like emergency services, an air ambulance (to move you off of a cruise ship quickly in an emergency situation), or general medical bills. Each travel insurance policy has its own procedures to file claim forms for any medical care you may receive so read the fine print carefully.
If You're Injured Abroad, Can You Sue?
The good news is that many foreign countries have also developed statutes and legal protections for injured parties to recover compensation for their injuries. The not-so-good news is that those legal systems can vary from country to country. While you can generally sue if you're injured abroad, choosing the right court and the right lawsuit should be left up to an attorney familiar with injury cases in that country.
Can I Sue for a Foreign Wrongful Death?
If, god forbid, family member or loved one has been killed abroad, you may be able to file a wrongful death claim. And, depending on who is responsible for the death, you may be able to file that claim in the United States. In certain situations, parties have sufficient ties to this country that they can be sued in American courts, particularly businesses. You should speak to who has knowledge about cases involving citizens or businesses located outside of the United States.
Can You Get Worker's Comp for Getting Hurt on Vacation?
While unlikely (and generally unwelcome), every now and then work can intrude on our vacation time. And if it intrudes to the point of injury where you need medical assistance, you might be able to get workers' compensation for an injury while on vacation. The key is whether the injury is work-related. So if you're injured while on a business trip abroad, or while performing a work function while on vacation abroad, you might want to contact HR about a workers' compensation claim for your medical condition.
Personal injury liability laws in other countries can be complicated and navigating both foreign medical services and a foreign legal system can be difficult, even for trained professionals. If you've been injured abroad, you should contact an experienced personal injury attorney near you to determine your rights.
Related Resources:
- Spring Break Injuries: 3 Things You Should Know (FindLaw's Law and Daily Life)
- Cruise Ship Injuries: What are Your Rights? (FindLaw's Law and Daily Life)
- Who Is Liable for a School Field Trip Injury? (FindLaw's Law and Daily Life)