Cross-Border Personal Injury
Cross-Border Slip and Fall Accidents
Accidents are inconvenient and can cost you time and money – especially if they happen across the border. If you are a Canadian and have been injured in a slip and fall accident in Washington State, we recommend you consult with a personal injury lawyer who can assist with cross-border accident claims.
Though the severity of your injury caused by an accident may vary, dealing with two different laws, healthcare regulations, and insurance practices in two different countries can add another layer of complexity. At Border Solutions Law Group, our cross-border personal injury lawyers have assisted numerous clients (both Canadian and American) with cross-border accident claims. We are dual licensed, meaning you do not need two lawyers on the same case – we can represent you in both the US and Canada. Contact us today to discuss the specifics of your slip and fall accident.
Cross-Border Slip and Fall Accidents Can Be Serious
Slip and fall injuries can lead to very serious injuries. While some results may indeed be mild, such as small bruises or cuts, some injuries, like broken bones, spinal cord damage, or brain injuries, can have life-altering, traumatic impacts.
We recommend that immediately following a slip and fall accident, you seek out medical attention. This is because sometimes injuries may not be immediately apparent. A medical professional can also provide you with insights on what to look out for based on your pre-existing medical condition(s) and also give you valuable advice for your recovery or treatment. Especially in instances where you have hit your head because concussions may not immediately present themselves and require an extra level of care to look out for concussion symptoms.
Types of Slip and Fall Accidents
There are many hazards that may cause a slip and fall accident. Here are a few examples that you may encounter:
- Cramped walkways
- Broken tiles, hardwood, or other flooring
- Slippery or wet floors
- Broken or uneven steps
- Uneven flooring
- Improperly cleared snow or icy walkways
- Inadequate cautionary signs in a hazard area
- Dimly lit walking areas
- And more
There are many kinds of maintenance-related issues that could make an area hazardous – a significant one being negligence. A property owner has a duty of care to the visitor, ensuring that the location maintains a standard of safety – for both residential and commercial properties.
Our Vancouver cross-border slip and fall lawyers may be able to discuss the legalities surrounding your accident to see if you are owed compensation.
Potential Injuries from Slip and Fall Accidents
Injuries from slip and fall accidents can range from mild to severe. They could be broken bones, fractures, or sprained muscles. They could also include concussions and brain injuries, torn ligaments, spinal cord injuries, paralysis, or neck and back problems.
A slip and fall accident could also trigger an already existing condition or injury and lead to chronic pain. In situations such as these, your day-to-day activities could be impacted for an indefinite period of time, and your pain may even prevent you from being able to work. If the property owner of the location where you hurt yourself is found negligent, you may be owed some degree of legal restitution. Contact our law firm for a free consultation on these types of matters.
What to Do If You Are Injured across the Border
If you have been injured across the border, the very first step is to seek medical attention. Be sure to record all information about the treatment you receive, including the location, administered medication, the doctors who treated you, and more.
If you believe negligence played a part in your slip and fall accident, you should consult with a lawyer. As a Canadian visiting Washington State, you may have to take your claim for damages to the jurisdiction in which you were injured. Washington has specific laws surrounding negligence and premises liability, so your lawyer can help you navigate the processing of a claim.
There are major differences between filing a claim in Washington State and British Columbia, including different limitation periods and types and amounts of available compensation. It is also important to note that British Columbia has a cap on damages for pain and suffering while Washington State does not.
Oftentimes in a cross-border injury, you will have two claims going at once – you may file a tort claim in the country where you were hurt, while also perhaps filing a claim with your insurers in your home country. Contact our Vancouver cross-border slip and fall lawyers at Border Solutions who may be able to streamline this process for you.
Financial Implications in Cross-Border Slip and Fall Claims
The financial implications of a cross-border slip and fall accident can vary. There are many factors that impact how much money you may walk away with, including medical bills, legal fees, and more. For example, if you are a Canadian traveling in the US and you are injured, you may be left with medical bills to pay. These costs may later be paid back through your tort claim and/or insurance, depending on your coverage, insurance type, and the outcome of your tort claim.
Washington’s financial awards may seem higher, but your return may be greatly reduced depending on the costs of your litigation. In Washington, each party covers their own costs while in BC, the insurer may cover these fees.
Contact Our Cross-Border Slip and Fall Lawyers Today
There are many nuances that come into play when you get injured from a slip and fall accident outside of your home country. To best protect yourself, you should speak to a knowledgeable cross-border personal injury lawyer at Border Solutions.
We specialize in cross-border issues and can guide you through the complicated process of filing two claims at once in two separate countries. Contact us today to schedule a consultation.
TOLL FREE:
604-684-4211
CANADA OFFICE:
Suite 408 – 837 West Hastings St.
Vancouver, BC V6C 3N6
US OFFICE:
Suite 301 – 2219 Rimland Dr.
Bellingham, WA 98226
FAX:
604-305-0338
Frequently Asked Questions
At Border Solutions Law Group, we aim to provide clear, straightforward answers to help you understand your rights.
Here are some common questions we receive related to Cross-Border Slip and Fall Accidents:
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
Still have questions? Contact Border Solutions Law Group today to schedule a consultation.