Injuries While Travelling - Diamond and Diamond Lawyers
Personal Injury Lawyer Toronto | Car Accident Lawyer Toronto

Injuries While Travelling

With the current deep freeze we are experiencing it is no wonder most of us are either fantasizing or planning a vacation anywhere south. I know that I am. That being said I got a lot of interesting calls over the December break from people who were injured or hurt abroad. They wanted information about what they could do. Sadly they were very few people I could help.

Limited Exceptions In Personal Injuries Overseas

One of the most important things to remember is with limited exceptions when you are injured in another country you are subject to the rights and remedies of that country. That is why there are certain places I will not travel under any circumstances. If the country has a sketchy legal system and does not follow any real rule of law, I for one am not going there.

If you travel to the U.S. there are so many reciprocal agreements and treaties that if you are injured in an accident your own insurance company will still help you here. It is also relatively easy to find a lawyer in the U.S. to sue for pain and suffering. Plus the U.S. has a legal system similar to ours, so you know the likelihood of a just result is similar to what you would receive in Canada.

There are some limited exceptions where you can sue tour operators located in Canada if you are harmed overseas, but again that is limited to specific situations and it is getting harder and harder to do.

The Travel Industry Council of Ontario can also help with refunds and remedies when incidents occur overseas.

Plan Ahead Against Injuries When You Travel

My point of view is better safe than sorry. You will notice that OHIP barely covers any out of province treatment and will not help extensive medical costs. So here are my tips:

  1. Get medical insurance;
  2. Don’t travel anywhere where the justice system is suspect;
  3. Go places where you are comfortable with the healthcare (think of the worst case scenario);
  4. Check with the Government of Canada, if it says avoid travel to that destination or exercise a high degree of caution, maybe think twice.

Just remember when you are going to a foreign country you are subject to their laws and their justice system. Being Canadian does not exempt you.

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