Cross-Border Personal Injury Claims
  • Friday, 18 March 2022

Cross-Border Personal Injury Claims

 

Cross-border personal injury claims are often complicated because many factors will come into play. Suppose you sustain serious injuries as a result of an accident outside of Canada. In that case, you should consult with Diamond & Diamond before making a cross-border personal injury claim for compensation. You should also note that you might be yielding your rights to fair compensation if you settle your case without seeking legal advice.

In most cross-border accidents, you might be able to file a claim with your insurance company for your injuries. You may also be able to file a lawsuit in the country where the accident occurred against the negligent party. Diamond & Diamond Law can help you in both cases.

Cross-Border Law

When dealing with insurers, medical coverage, corporations, and negligence, cross-border laws will come into play. For example, Article 6 of the Hague Convention on the Law Applicable to Traffic Accidents states that if the vehicles involved in a car accident are registered in different countries, then the law where the vehicle is usually stationed will apply.

The rules in the treaty seek to settle any conflicts that may arise in cross-border car accidents. Generally, this means you can file a cross-border personal injury claim with your Canadian insurance company if you were driving a vehicle registered in your name. However, US tort laws will be a significant factor in a car accident within any US state, so you need a lawyer who is well-versed in those laws.

You should know that mandatory insurance coverage for catastrophic injuries in Ontario is much higher than in most US states, such as Florida. On the other hand, you’ll receive more in damages for a negligent auto accident if you file a claim in Florida rather than in the Province of Ontario.

You may want to think about the above considerations before settling with a US-based insurer instead of filing a personal injury lawsuit. If you agree to a settlement in the US before consulting a Canadian law firm, you may receive significantly less in accident claims for a brain injury than you should have.

Causes of Cross-Border Personal Injuries 

Cross-border personal injuries can be devastating, mainly because most are preventable. You can usually trace the reason for a motor vehicle accident in Vancouver or Ontario to common causes, which include:

Distracted Driving

Anything that takes a driver’s attention away from the road is distracted driving. While using a mobile phone is the leading cause of distracted driving accidents in Canada and the US, any activity that causes a driver to look away from the road is dangerous.

Alcohol-impaired driving

Driving under the influence of alcohol affects a person’s judgment, coordination, and reaction times, leading to many accidents in Canada and the United States. In the US, drunk driving was the cause of more than 10,000 car accident fatalities in 2019. In Canada, one report states about 86,000 people were charged with drunk driving in the same year.

Drug-impaired driving 

Similar to drunk driving, people driving under the influence of drugs, including cannabis, may suffer from slow reaction times and decision-making that is critical to safely operating a vehicle. While cannabis is legal in Canada and some US states, driving while under its influence is not permitted. In fact, if it results in a motor vehicle accident, it may render you liable for cross-border personal injury claims.

Speed Driving

Given the conditions, such as slippery roads or poor visibility, many people ignore speed limits or drive faster than they should. It takes longer to stop when travelling at high speeds, which can result in car accidents that give rise to personal injury cases.

High-risk Driving

Traffic regulations are there for a reason – safety. Failing to stop at stop signs, speeding through intersections, beating the red light, and failing to yield to right-of-way vehicles or pedestrians can result in serious accidents and injuries.

Types of Cross Border Accident Claims 

Suppose you sustained serious injuries due to someone else’s negligence in a cross-border incident. In that case, you have the right to seek compensation for your losses, which your lawyer can help recover. Compensation may cover:

  • Medical costs and rehabilitation
  • Future care costs for serious and debilitating injuries
  • Pain and suffering
  • Loss of earning capacity and wages
  • Loss of consortium

The law firm of Diamond & Diamond can help you recover damages if you sustain personal injuries in Canada or cross-border injuries in Florida. If you have a valid insurance policy in Canada for your vehicle, the insurance coverage may give you some relief. However, you should understand that you can also recover damages from a negligent third party, even when the accident occurs outside of Canada. 

 

How to Prevent Cross-Border Injuries

Tip 1: Wear a seatbelt.

While a seatbelt will not prevent injuries in the case of a car accident, doing so can significantly reduce the risk of physical injuries by 52% and death by 47%.

Tip 2: Observe speed limits.

Speeding can easily lead to car accidents. According to Transport Canada, a reduction of 1% in speed reduces the risk of car accidents by 5%.

Tip 3: Slow down at intersections.

About 40% of injuries from car accidents occur at intersections. Slowing down at intersections allows drivers to avoid collisions with negligent drivers who are speeding through intersections.

 

Are you in doubt about your rights in a cross-border personal injury? Call Diamond Law now. We’re here to help you!

Pro Tip

“Dealing with cross-border personal injury claims is not easy. Having dependable and proficient cross-border personal injury lawyers by your side is very useful.”

– Diamond Law

Get Legal Help From a Cross-Border Personal Injury Attorney for Your Claims

With the help of personal injury lawyers in Canada, you can find out how to file personal injury and insurance claims. However, law firms in Canada that can handle cross-border car accidents are rare. Diamond Law is in a unique position to help. As a resident of Ontario, you can get help from us as cross-border personal injury lawyers for the injuries you sustained in the United States.

Diamond & Diamond Lawyers has broad experience handling personal injury cases in Canada and the US. Avoid giving up your rights to compensation in a personal injury lawsuit. Contact us for a free case evaluation by calling 1-800-567-HURT or filling up our contact form to schedule a free consultation.

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