Understanding Complex Legal Issues Surrounding Travel Injury Litigation

It is understandable for an attorney to have a lot on their mind when taking on a case, particularly one that involves an injury to a U.S. resident that occurred in another country. Travel injury litigation presents certain challenges that most other personal injury cases do not. Mark J. LeWinter and Jeffrey S. Downs of Anapol Weiss recently discussed these issues in a Legal Intelligencer report. According to the article, about 40 million U.S. residents travel overseas and to destinations like Canada and Mexico. An unfortunate reality of such trips, however, is that accidents and injuries can occur because of various forms of negligence, oversight, or fraud.

To ensure that a tourist injury case is handled efficiently, an analysis of the following is necessary:

  • Foreign systems of law
  • Merits of claims
  • Jurisdiction
  • Statute of limitations
  • Conflict of laws
  • Potential role of travel and tourism destination companies

While these points may seem simple enough, there is a lot more to consider with international travel marketplace litigation to ensure that legal malpractice does not take place. For instance, if a travel agent or travel destination company did not appropriately handle a client’s safety and the tourist suffers injury as a result, a case can become more complex. A lawyer representing a U.S. citizen who was injured in another country is expected to examine and analyze claims that a foreign citizen’s conduct, product, or other factor may have contributed towards the injury.

If an attorney is aware of the specific challenges that come with matters surrounding the injured tourist litigation process, they can establish an effective and ethical litigation strategy.
Mr. LeWinter and Mr. Downs have obtained many successful case results for U.S. citizens injured due to another person’s negligence abroad and while traveling in Mexico and the Caribbean. To find out additional information about their successes and the accomplishments of the Pennsylvania personal injury law firm Anapol Weiss, please go to www.anapolschwartz.com.

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