An Easy Guide to Wrongful Death Claims An Easy Guide to Wrongful Death Claims


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An Easy Guide to Wrongful Death Claims

When my friend lost her husband after an accident at work, we naturally assumed that his employer would do right by the family. We were surprised to find out that the company had no intentions of doing anything over than sending flowers to the funeral. A group of us immediately went to work helping our friend get what was rightfully hers. Wrongful death laws are complex and we soon found ourselves in over our heads. Once we started working with an attorney, we began to understand what we were reading. I started this blog because I want others in the same situation as my friend to have the resources needed to get the settlement they deserve.

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Two Challenges Of Suing For Injuries That Occurred In Another Country

About 20 percent of people who take vacations are sickened or injured in some way while trying to get some rest and relaxation. If those injuries occur while in another country, it can be challenging to collect compensation for damages and losses. Here are two issues you'll face when suing for injuries sustained outside of the US.

Establishing Jurisdiction

By far the biggest challenge you'll encounter is establishing jurisdiction for the case. Although the US has treaties and agreements with many countries, those countries still have their own court systems that operate by the laws enacted in those lands. This means that if you sue for damages in those countries, you may get as much as you were expecting and/or the litigation process may be more onerous than what you would go through in the United States.

However, it may be extremely difficult to sue the liable party in the United States, depending on who it is. You would have to establish the United States has jurisdiction over the case, so the liable party will be subject to the laws of this country. This is very easy if the liable party is an American company operating abroad; however, it's a completely different situation if it's a foreign company. You would have to show that the company has ties to America (e.g. it advertises its services here or has offices in the nation) to convince a court to oversee the case. For liable individuals, the problem is even worse.

Thus, it's critical you work with an attorney who can research the applicable laws and help you litigate the case in the right venue to ensure you get the outcome you want.

Collecting Your Court Judgment

Another challenge you may face is collecting your judgment once the case has been decided in your favor. One of the benefits of suing the liable party in their home country is you can use their laws and services to enforce the judgment. The same isn't necessarily true if you win in an American court. The US may have jurisdiction over the case to apply the relevant laws, but that doesn't necessarily mean you'll have the ability to access the defendant's finances to make the person pay. It may take time and a lot of legal maneuvering to get the money the defendant has been ordered to pay.

It's important to do an asset check on the defendant to determine if the person or company has assets in the US that you can tap into to get your money. An attorney can help you with this issue, as well as provide solutions for retrieving money from entities that reside overseas.

For more information about this issue or assistance with your case, contact a personal injury attorney.