What to Do When You’re Injured Abroad: International Travel and Personal Injury Claims

Traveling to a foreign country is supposed to be fun. But when an accident occurs thousands of miles from home, your dream vacation can turn into a logistical nightmare in an instant. Seeking medical treatment in an unfamiliar system is stressful enough without the added burden of wondering who is responsible for paying your bills.

The truth is, most travelers don’t know what to do after an accident abroad. While an international personal injury claim can indeed be complex, an expert overseas accident lawyer can help ensure you receive the compensation you deserve. Here’s what you need to know about international travel and personal injury claims.

Accidents Don’t Stop at the Border

Negligence is not limited by geography. Injuries abroad can be just as severe as those that happen at home. However, the legal path to recovery is far more complicated for a U.S. citizen injured abroad.

When you are hurt on foreign soil, you are subject to that country’s laws, which may have vastly different standards for liability and damages.

Many victims assume they have no recourse once they return home. Others may rely on travel insurance policies that contain loopholes to deny coverage. But this doesn’t have to be the case.

Depending on the circumstances, you may be able to file an international personal injury claim right here in the U.S. or seek justice through foreign courts with the help of a global legal network. An experienced overseas accident lawyer understands the intricacies of cross-border litigation and can help you with the process.

Common Travel-Related Injury Scenarios

Here at Kanner & Pintaluga, we have represented American clients injured in cities all across the world. Some common travel-related injury scenarios we have seen include:

• Cruise ship injuries
• Resort and hotel accidents
• Excursion and tour accidents
• Transportation accidents
• Denied travel insurance claims

Steps to Take Immediately After an Injury Abroad

In a foreign country, you may face language barriers and unfamiliar emergency protocols. That’s why it’s important to know what to do after an accident abroad before you even leave the country.

Take these steps after an injury abroad:

1. Seek medical attention immediately: Go to a hospital or clinic for a medical evaluation. Request copies of all medical records, X-rays, and bills in English, or keep the originals for later translation.
2. Report the incident: If the injury occurred at a hotel or resort, report it to management and demand a written incident report. If it was a traffic accident or a crime, contact the local police. Do not leave the scene without some form of documentation explaining what happened.
3. Document everything: Take photos and videos of the hazard that caused your injury (for example, a wet floor or a broken step) before it is cleaned up or repaired. Collect names and contact information from witnesses; fellow American travelers are often your best resource, as they can testify in U.S. courts more easily than local residents.
4. Contact the U.S. consulate: If you have sustained a serious injury or you are hospitalized, contact the U.S. embassy or consulate closest to you. While they can’t provide legal advice, they can help you navigate local medical systems and communicate with family back home.
5. Do not sign anything: Resort managers or tour operators may try to get you to sign a waiver or accept a small cash “goodwill” payment (or free room upgrade) in exchange for releasing them from liability. Do not sign anything without consulting an injured abroad lawyer.
6. Call Kanner & Pintaluga: Before you even fly home, contact us for legal help with an injury abroad. We can advise you on what evidence to gather while you are still in the country, which is often impossible to retrieve once you return to the U.S.

Jurisdiction and Legal Challenges in International Claims

Perhaps the most challenging aspect of international cases is determining where to file the lawsuit. When a U.S. citizen injured abroad tries to sue, the defense will almost always try to move the case to the country where the accident occurred. This is a strategic move, as foreign courts often have much lower compensation limits.

At Kanner & Pintaluga, we look for specific legal means to establish American jurisdiction, such as:

• Finding U.S.-based parent companies: If you were injured at a major hotel chain or resort brand, we may be able to sue the U.S. corporate entity rather than the individual foreign franchise.
• Studying ticket contracts: For cruise ships and airlines, the fine print on your ticket often mandates where lawsuits must be filed. An experienced cruise ship injury lawyer knows how to navigate these maritime venue selection clauses to your advantage.
• Looking at booking agents and tour operators: If you booked a package tour through a U.S. company, and their negligence in selecting a local vendor led to your injury, the U.S. company may be liable for your injury claim.

How Kanner & Pintaluga Helps Victims Injured Overseas

Handling an international injury claim requires considerable resources. Most local firms simply do not have the financial capacity or network to litigate a case spanning two legal systems. Kanner & Pintaluga is different.

As a major firm with a national footprint, we have the infrastructure to take on multinational insurance carriers and foreign defendants.

Here’s how we help victims injured overseas:

• Establishing U.S. jurisdiction: We aggressively oppose motions to dismiss or to transfer the case abroad. By anchoring the lawsuit to U.S.-based parent companies or utilizing specific clauses in maritime and aviation law, we fight to keep your case in American courts, where you are far more likely to receive fair compensation.
• Leveraging our network: Over the years, we have built relationships with investigators, medical experts, and local counsel in popular travel destinations. This allows us to gather on-the-ground evidence while managing the legal strategy from our U.S. offices.
• Managing insurance complexities: Travel insurance policies are notorious for their exclusions. We dissect the language to find coverage where others see none. We also investigate other avenues of recovery, including your own auto insurance (which may cover rental cars abroad) and homeowners’ policies, to ensure you receive maximum coverage.

Travel Safety and Prevention Tips

While we are ready to fight for you after an accident, the best-case scenario is avoiding the injury altogether. Here’s what you can do to stay safe:

Purchase Comprehensive Travel Insurance

Instead of relying on your standard health insurance policy, purchase a robust travel health insurance policy that specifically covers medical evacuation and legal expenses. Read the fine print to ensure the policy doesn’t exclude supposed “high-risk” activities like jet skiing or ATV riding.

Check Department of State Advisories

Before you book, check the U.S. Department of State’s travel advisories for your destination. They list common dangers, from high crime rates to poor road conditions.

Contact Our Legal Team for a Free Consultation

Returning home from a dream vacation in pain is a traumatic experience. You will likely face massive medical bills and an uncertain recovery, all while dealing with silence or hostility from the foreign parties responsible. You do not have to fight this battle alone.

If you were injured abroad, contact Kanner & Pintaluga immediately. We will review your case, explain the jurisdictional challenges, and give you an honest assessment of your legal options. Simply fill out our online contact form to schedule your free consultation with an experienced international negligence attorney.