Month: February 2018

International Travel & Jurisdictions: Personal Injury Laws for Travelers

Winters and Yonkers

Winters and Yonkers

For the majority of individuals embarking on a vacation or business trip abroad, their journey will be completed with little to no trouble aside from the odd delay of a train, plane, or bus. However, the personal injury attorney Tampa residents trust, Winters, and Yonkers will explain there can often be problems resulting in a personal injury claim for those spending time on a cruise ship or resort where the safety of all guests should be of paramount importance; making sure a claim is heard in a court in the correct jurisdiction is one of the first issues Winters and Yonkers will address as they look to provide justice for the affected individual or family.

Investigating an international personal injury claim

A high-quality personal injury attorney Tampa communities know will often look to employ an international claims specialist who has a good understanding of the rules and regulations in the major vacation areas of the world including the European Union where the claims process has been standardized by various EU introduced regulations.

Working with a personal injury attorney with experience of international cases is an important step to take as the common issues for those taking an international trip can include boat explosions and accidents, drowning, food poisoning on a cruise ship, and a range of other safety issues. A good example of the safety issues many claimants face is found in the many cases of injury or death tried which come as a result of an improperly prepared water trampoline; even as innocuous an item as this can cause major issues resulting in a compensation claim. Investigating every aspect of the accident taking place will be the first step on the way to finding justice and funds often needed to take care of medical bills, funerals, and loss of income resulting from a personal injury.

Jurisdiction in personal injury claims

Any personal injury attorney will always do what they feel is best for their clients in providing the best outcome for any claim made against a resort operator or those responsible for the safety of individuals. Peopil reports there are two options for a lawyer to explore which are making a claim in the country where the injury occurred or looking to move the case to another country where conditions for success would be greater. However, in most personal injury claims, the rule of law dictates the case should be heard in the nation where the injury occurred to make sure the national rules and regulations regarding safety are heard and understood.

If a personal injury claim is heard in another country it is not unheard of for the laws of the nation where the injury occurred to be used as the overriding rules the case will be heard under and procedural law to be that of the nation the case is being heard in. One area all personal injury attorneys consider is the burden of proof in a case which can shift to the injured party when a claim is filed in a specific country.

Building relationships with foreign attorneys

A U.S.-based attorney will often be the first stop for an individual looking for compensation in a personal injury or wrongful death claim who will often work with a foreign agent or attorney who provides their own experience working in the jurisdiction a case will be tried in. Working together from the personal injury attorney Tampa offices the foreign agent will be called upon to aid in the procedural aspects of a case and discuss the chances of success in a specific nation when a claim is heard abroad.

Assembling evidence

No matter which jurisdiction is being used to hear a personal injury case, Winters and Yonkers recommend gathering as much evidence as possible from as early as possible following the incident taking place. One of the first steps any individual who feels their safety has been put at risk should do is to contact the police in the country where the events took place and obtain a copy of any police report filed.

The majority of developed nations now have freedom of information laws allowing access to medical records which can be used to assist in proving injury and the lasting effects of the event causing the injury. Proving an individual was unable to work or lost a source of income because of their injury is one of the most important steps in processing a successful claim.

International law can be confusing and the different aspects of jurisdiction are of great importance to pursuing a successful compensation claim which could make a major difference to the life of an affected individual or family. A personal injury attorney experienced in international law such as Winters and Yonkers can make all the difference in providing success in any personal injury claim.