Cross-Border Personal Injury

Frequently Asked Questions

• Are cross-border injury claims worth more in the U.S.?

  The popular perception is that personal injury cases are worth far more in the U.S. than in Canada. This is not always the case. Rushing into a lawsuit in BC or Washington without knowing how the law and insurers work in both jurisdictions is risky. Without the benefit of experience, it can lead to disappointingly unanticipated financial results.

  We Help You Avoid The Perils And Pitfalls

  At Border Solutions Law Group, our exclusive focus in personal injury is on cross-border cases. Our lawyers are dual-licensed. We regularly fight injury claims in both Vancouver and Seattle.

  Over the years, we have analyzed thousands of claims. Our experience is the reason why we have so consistently gained financially favourable outcomes for our clients. We know how to balance the potential awards against the costs. Before launching into a suit, we make sure you’ll end up with a financial win, not a loss.

  Why Some U.S. Claims Are Worth More

  Unlike British Columbia, Washington state places no cap on certain damages. One of these is for pain and suffering. But maximizing compensation depends on the type of injury. For catastrophic, life-altering injuries, the difference can mean millions of dollars in compensation. But in reality, the vast majority of claims are for soft tissue injuries, which are worth far less.

  Legal Costs Are A Key Consideration

  The cost of court and legal fees is another important consideration. In BC, your legal costs will likely be covered by the insurer. In Washington, each party is responsible for their own costs. If you hastily initiate a lawsuit and it drags on, you could easily see your compensation reduced down to very little after paying for litigation costs. The key is to know when an award will actually be worth the cost of litigation.

  At Border Solutions, we know when you should push forward and when you should settle. We will analyze all the factors, do the number crunching and ensure that you end up financially on top.

  Call Us For A Free Case Evaluation

  An initial consultation is free. Discuss your case with our lawyer by calling 877-341-0315 or by filing out our online form.

• Are cross-border injury claims harder to fight?

  If you were injured outside of your home country, will you have a harder time gaining compensation? In a word, yes. Getting fair treatment in one country is already a challenge. Insurers necessarily try to minimize their payout. It’s up to you to prove your claim. But when an accident happens in a different country, you face double the complexity.

  You’re Up Against Differing Laws And Insurance Processes

  Whether you are a BC resident injured in Seattle or a U.S. resident injured in Vancouver, you now need to navigate two separate systems. The laws in each country governing accident and injury are not the same.

  Some law firms take on cross-border accident cases, but since they cannot practice law in both countries, they need to hire a separate lawyer to handle the other half of the case. At Border Solutions Law Group, all we handle is cross-border issues. Our lawyers practise law in BC and Washington. We know how the law and insurance work in both countries. We don’t have any learning curve and we don’t miss key details. Our clients never need to work with two separate law firms. We handle cross-border injury claims from start to finish.

  Will I Have To Go Back To The Other Country?

  In many cases, no. You can claim accident benefits from the insurer of your home country. For example, if you are a BC resident, we work directly with ICBC on your behalf. At the same time, we can usually negotiate the other part of your claim in Washington right from our office in Vancouver.

  Only if we need to advance litigation of the U.S. lawsuit may you be required to attend the trial in Washington state. This adds a layer of complexity to a claim, but we will only pursue the claim if it makes financial sense for you to do so.

  Come In For A Free Consultation

  Our lawyers are ready to answer your questions and identify your options. Book a free consultation today. Call 877-341-0315 or contact us by email.

• Do cross-border drivers face a greater risk for vehicle collisions?

  The crisscrossing roadways between Vancouver and Seattle make it simple for individuals to dine, work or find entertainment across international borders. Unfortunately, a motor vehicle accident across the border can add numerous layers of complexity to an already challenging legal process.

  While it might be difficult to extrapolate the data to represent drivers in a tourist or vacationer role, a study published in the journal Accident Analysis and Prevention, found recent-immigrant drivers were 40 to 50% less likely to be involved in a motor vehicle collision. Like less experienced drivers, these recent immigrants tend to drive in a more cautious or careful manner. Psychologically, a tourist or visitor might share this same wariness on the roads. For example, Canadian drivers might be more concerned with reaching their destination without harm than multitasking while behind the wheel. They might be hyper-attentive and aware of their environment.

  Unfortunately, drivers who are more comfortable with their surroundings might be more likely to overestimate their skill level and ignore safe driving habits. Drivers might engage in unsafe vehicle operation practices such as:

  • Distracted driving: Any activity which pulls attention from the road or a hand from the steering wheel can be considered a distraction. These activities can include eating, drinking, personal grooming, talking on a cell phone, checking email, texting or manipulating a navigation system. Commonly, activities are categorized as cognitive distractions, visual distractions or manual distractions.
  • Drowsy driving: It is not uncommon for drivers to get behind the wheel early in the morning or late at night. Additionally, individuals might struggle with conditions such as sleep apnea or insomnia that dramatically affect their situational awareness. Being drowsy behind the wheel can lead to dulled perceptions, slowed reaction times and blurred vision – all of which can result in vehicle collisions.
  • Impaired driving: A driver’s perceptions, attention and reactions can be impacted by the consumption of alcohol or the use of a controlled substance. Additionally, individuals can see a diminishment of driving skill after taking prescription or strong over the counter medication. Any of these substances can lead to driving impairment.

  Canadian drivers who are involved in a motor vehicle accident on foreign soil will likely face a challenging process. From disputes with the insurance carrier to different compensation caps, it is wise to seek the guidance of a law firm focused on cross-border legal issues.

• Are all cross-border personal injury suits financially viable?

  The legal proceedings of personal injury lawsuits in British Columbia and Seattle differ significantly. For this reason, navigation of a cross-border personal injury claim in the event of an accident in a neighbouring country can be particularly challenging. Fortunately, Border Solutions Law Group focuses their practice on such cases — in fact, cross-border claims are the only types of injury cases they handle.

  The complexity of these claims comes with the fact that you will have to deal with two claims at once. Claiming insurance in one country and pursuing a tort claim across the border in the city where the injury was suffered can be overwhelming — especially if you are recovering from accident injuries. Fortunately, the lawyers at Border Solutions Law Group are registered to practice in Washington State and British Columbia.

  Thus, you will not need to deal with two separate law firms. These lawyers can navigate insurance claims on one side of the border and pursue recovery of damages not covered under auto insurance in civil lawsuits on the other side. They are informed about the compensation and benefits available in each of the jurisdictions, the caps that are effective on pain and suffering damages, and the different statutes of limitations in the two countries.

  Another advantage of retaining the services of the Border Solution Law Group is affordability. Legal fees in Washington and British Columbia differ considerably, and the costs will depend on which side of the border you were injured. This firm’s lawyers will explain the costs and assess viability to prevent pursuing cross-border personal injury lawsuits that will bring no financial benefits.

• What should you do if you’ve been denied long-term disability benefits after a cross-border personal injury claim?

  British Columbia residents who suffer debilitating injuries often find it challenging to secure long-term disability benefits. If a cross-border personal injury caused the disability, the process could be even more difficult. Any accident in another country will involve laws and insurance companies from two jurisdictions, adding to the challenges.

  Denied benefits claims after years of contributing to the insurance fund can be discouraging, mainly because a person might not have any other source of income. However, receiving a letter of denial does not necessarily mean all is lost. The letter should explain why the application was rejected. Long-term disability policies differ from country to country and from company to company.

  It might be a pre-existing condition that is not deemed a disability, or an essential piece of information might have been omitted from the application. Insurers in different countries have different definitions of covered disabilities, and technicalities on the application could be the problem. The administrators may claim that none of the disability definitions have been met, or prescribed medical treatment was not followed. They might even claim that the person has recovered from the disability.

  These are but some of the many reasons that can be used to motivate a long-term disability provider to deny an application for benefits. However, this is a process that needs the support and guidance of a cross-border personal injury lawyer in British Columbia. A law firm that is able to deal with matters on both sides of the border might find a way to resolve the issue and get the application approved.

  Source: thespec.com, “Legal Matters: Application for LTD benefits denied?”, Accessed on March 23, 2018