Five Things Your Should Know About Cross-Border Injury Claims
If you have been injured outside of your home country, navigating the injury claims process is twice as complicated. At Border Solutions Law Group, cross-border is the only type of injury case we handle. Drawing from our experience helping thousands of clients in Vancouver and Seattle, we’ve outlined four key points that will impact the kind of result you can expect.
Two Claims Are Going On At Once
After a cross-border car accident, you open a claim in your home country to obtain accident benefits from your insurer. You may also start a lawsuit — a tort claim — in the other country against at-fault parties for compensation not covered under your auto insurance policy.
Since our lawyers are dual-licensed to practise law in both Washington and British Columbia, you’ll never need to hire two separate law firms. We handle everything under one roof. This will help properly identify issues in the case and can help maximize your recovery.
Types And Amounts Of Compensation Differ In Each Country
You are legally entitled to pursue various benefits and compensation after an injury. Our lawyers know what you are eligible to claim in each jurisdiction and how you can maximize your claim. These may include:
- Medical care and rehabilitative treatment
- Homemaker benefits
- Cost of future care
- Pain and suffering
- Family member claims
- Loss of wages and income-earning capacity
One key distinction is that British Columbian law places a cap on damages for pain and suffering. Washington state does not. It can appear advantageous to sue for pain and suffering in Washington, but in some cases, it makes no financial sense to do so. The reason is explained in our next point below.
Legal Costs Have A Dramatic Impact
Although financial awards can seem significantly higher in Washington, your overall return may be greatly reduced due to the way legal costs are handled. If you win your case in BC, the insurer will typically cover your legal costs. In Washington, each party shoulders their own costs. After paying these costs, some claimants are left with little — if any — compensation. Our lawyers will not let that happen. We only pursue a lawsuit if the end result will benefit you financially.
Limitations Periods Are Not The Same
Washington and BC have different limitation periods. To keep your injury claim valid, you must meet these deadlines. Our lawyers know how the law and insurance practices work in both jurisdictions. We’ll make sure you never miss a critical limitation period.
You Don’t Pay Fees Up Front
Despite the extra complexity of fighting a cross-border personal injury claim, our fees are based on the contingency that we win. You pay only when we recover compensation for you. No recovery, no fee. There’s no risk.