Every year thousands of Canadians drive across borders to visit the United States of America for varying reasons. Unfortunately, some of these trips result in accidents on American soil. If you are a Canadian resident living in BC and you were injured in a car accident in the USA, there is good news. You may be entitled to no-fault benefits from the ICBC. That means regardless of who was at fault or where the accident occurred, you may claim for compensation to cover medical and rehabilitative care and other expenses. If another driver’s negligence caused the accident, you may claim for additional compensation by filing a personal injury lawsuit in the US.
What you should know about cross-border personal injury cases
There are several factors to consider when dealing with a cross-border personal injury case. If you choose to file a claim with the ICBC and a personal injury lawsuit in the US, there will be two ongoing cases that require your attention. At first glance, compensation for personal injury cases in the US may seem significantly higher than Canadian payouts. However, based on how attorney fees are structured, you might not necessarily end up with more money at the end of your US case. On the bright side, however, like Canadian personal injury lawyers, US personal injury attorneys work on a contingency basis, meaning you won’t be charged legal fees unless they obtain a settlement for you. But be sure to check for any hidden fees or costs before signing an agreement to work with an attorney. Another thing to note is that the time you are given to file a claim differs in Canada and the United States. By starting the legal process soon after your accident, you can avoid missing any deadlines.
Can a Canadian personal injury lawyer represent you in a US lawsuit?
A lawyer must be authorized to work in the United States and must also be licensed in the jurisdiction of the accident before they can represent you. Even if you find a Canadian lawyer who is licensed to practise in the jurisdiction of your car accident in the USA, you may need to consider additional charges for travelling costs to and from your negotiation meetings or court appearances, if the matter goes to trial.
For that reason, the best solution is to find an attorney in the states to represent you there. When you meet with a personal injury lawyer in BC to discuss filing your ICBC claim, let them evaluate your US case as well to give you an idea of whether the matter is worth pursuing.
Are you searching for a Surrey personal injury lawyer to help with your ICBC claim?
If you are searching for a Surrey personal injury lawyer to help you get compensation for a car accident in the USA, contact us at Nirwan Law Corporation. At Nirwan Law Corporation, we will handle all aspects of your ICBC claim, including negotiating with claim adjusters, referring you to appropriate specialists to prove your claim and, when necessary, litigating on your behalf to get you the money you deserve.
We will also give you our legal opinion on your cross-border lawsuit. And if there is merit to your claim, we will refer you to an experienced and reputable lawyer in the state in which you were injured.
So, what are you waiting for? Give us a call today to schedule a free legal consultation. Let us show you how we can help.