Brexit and Jurisdiction in Accident Claims

If you are injured in an accident inside the UK, English law allows you to claim compensation for your injuries and financial losses.

This also applies to some accidents that happen abroad, such as claims for injuries on package holidays or when both the Claimant and the Defendant reside in the UK, but are involved in the accident in EU country..

However, when independent travellers get injured outside of the UK, things become more complicated. Your right to claim often depends on the rules of the country where the accident occurred (or the US state). Those rules will also govern:

• The process for making a claim
• How long you have to start your claim
• The amount of compensation you may receive

What has changed for accidents in the EU post-Brexit?

Before Brexit, residents of England and Wales could, in some cases, sue foreign defendants for accidents that happened in EU countries in the English Courts. European-wide legislation gave the Claimants the right to choose the English Courts to decide such claims, and the English judgment could then be enforced automatically.

Since Brexit, that legislation no longer applies.

Now an English or Welsh national who is injured, for example, in a road traffic accident in an EU country, must either:

• Bring the claim in the place the accident occurred, using local legal representation (assuming they are eligible to make a claim there), or
• In exceptional circumstances, argue in the English Courts that they are the ‘most appropriate place’ for the claim to be brought. This can be difficult when the accident occurs in a foreign country and involves foreign laws and defendants.

Can I still make a claim for an accident in the EU?

Yes, but it may be more complicated than before. Every claim must now be considered on a case-by-case basis.

In order to bring a claim for an accident in the EU we will have to determine:

• Where the claim can be made (this is known as ‘jurisdiction’)
• The best way to pursue the claim
• Time limits for making a claim
• What must be proved in order for the claim to be successful
• Whether the Court’s decision can be enforced in another country
• How the claim can be funded

Even if the claim can only be brought abroad, we can l manage it from the UK. We have a strong global alliance with law firms in different jurisdictions who we call on to help us pursue overseas claims. This means your experience will not be greatly different than if you brought the claim in England.

What about international injury claims in the USA?

Brexit does not change the situation for accidents that occur outside the EU, such as in the United States. These claims usually will be brought in the relevant US state where the accident occurred, although occasionally you may have a choice about where to bring your claim.

In any event, if you have been injured in the USA and it was not your fault, we can definitely help you to bring a claim. We regularly support clients who have been injured in:

• Road traffic accidents
• Slips and trips
• Accidents at work

Making a claim in the US can be complex, particularly after returning to the UK if treatment is still ongoing. Our international and travel accidents team are specialists in cross-border claims. We can advise you on the best course of action, based on the specifics of your case. We can arrange for the appropriate American lawyer to represent you in your case pursued in the US, with our assistance in the UK, if necessary.

Why do these claims need specialist lawyers?

It is important that you are able to make an informed decision about where to bring your claim if you have a choice of forum (country, in which you decide to pursue your claim). However, figuring out which laws apply and which court system has jurisdiction is only one part of the puzzle. The location of the accident may also impact:

• Police and other official investigations that follow an accident.
• The type of evidence that must be produced.
• Medical records and experts’ reports.
• The process for making a claim.
• Court procedures, such as discovery or witness examination.
• The way a claim is valued (for example, assessment of damages for pain and suffering or life expectation).
• The negotiation of the settlement.
• Financial considerations, such as currency exchanges, taxation and disability benefits.

Managing such matters may be outside the skill set of a domestic, non-specialist lawyer. In many circumstances, it may be necessary to instruct lawyers both at home and where the accident occurred to ensure the case is handled correctly.

We have a network of top foreign lawyers in various countries. We work collaboratively with them to ensure you get the best advice and representation to investigate and support your claim.

How does Osbornes approach these claims?

For any claim with a foreign angle, our approach is to manage the case from our London office. Having a dedicated solicitor based in the UK makes the process as smooth and stress-free for you as possible.

Some of the things we may try to achieve when we handle international accident claims include:

• Arranging for you to be examined by medical experts in the UK to obtain the required medical evidence.
• Arranging for you to receive the right treatment.
• Identifying and gathering sources of evidence, including liaison with foreign authorities, insurers and witnesses.
• Instructing a local lawyer and commencing court proceedings in the appropriate jurisdiction.
• Obtaining interim compensation payments where possible to help you cope financially while your claim is ongoing.
• Translating legal documents so you can understand exactly what’s happening.

Most claims can be brought to a conclusion without the need for you to return to the country where the accident happened. We can arrange video conferencing to enable you to speak with local lawyers as necessary. Even if court proceedings are initiated, the vast majority of claims can be settled without you having to go to court.

Osbornes are members of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) and American Association of Justice (AAJ). Both these organisations promote co-operation and mutual knowledge of legal and judicial systems of the European and American jurisdictions in the field of personal injury.

What should I do immediately after I have been involved in an accident in the EU or USA?

The most important thing is to contact us as soon as possible after an accident abroad. You do not have to wait until you return to the UK.

We can help you through the proper steps for informing the authorities, notifying your insurer, collecting evidence, and seeking medical attention. Even if your injuries don’t seem serious at first, it’s important to seek medical attention and keep records of your treatment.

The main reasons it’s important to speak to us earlier are:

• The sooner we begin investigating, the better chance we have of finding all the evidence. Over time, witnesses can become hard to track down, details can be forgotten, and physical proof might disappear.
• If your accident happened abroad, the time limit (statute of limitations) for making a claim might be shorter than it would be in the UK. Acting quickly gives you more choices and improves your chances of getting compensation.

Will Osbornes take on my claim?

We represent people from England and Wales who have been injured due to an accident overseas, such as a road accident abroad, slips, trips and falls, work-related accidents, accidents on public transport and holiday excursions. We also act for foreign nationals in the UK.

Our international injury team is made up of multilingual and multi-jurisdictional lawyers who are experienced in handling cross-border claims beginning to end, directly from our London office. Via our network of foreign lawyers, we are able to secure compensation for accidents that happen across the world.To speak to one of our expert international injury lawyers, please contact us by:

• Filling out the online form, or
• Calling us on 020 7485 8811