Cross-border Personal Injury Compensation Claims - The Best Way Forward

Unquestionably, an individual who suffers a catastrophic accident is in a distressing situation, that much is obvious.  It is considerably more upsetting if an accident happens abroad, in such circumstances the position is considerably more traumatic for both the injured party and any friends or relatives accompanying the injured person.   Once the initial urgency to obtain medical assistance and organise the injured person’s return to the UK has been dealt with the question of obtaining compensation for the life-changing injuries can be considered, if the accident was caused by the actions of a third party or organisation. 

Whilst it may seem daunting to embark on litigation in a foreign country, it does not have to be as challenging as it may first be imagined. Giambrone’s personal injury lawyers are multi-lingual as well as being qualified and capable of navigating several different jurisdictions in several European countries.  Crucially, the knowledge of different cultures can considerably assist in settlement negotiations with insurance companies and can also assist when dealing with a foreign corporate entity that may be deemed liable for the accident.  Our personal injury lawyers always make every effort to avoid a costly court case by undertaking negotiations to obtain a fair settlement which ensures that the compensation awarded to the injured person is not eroded by legal fees and court costs.  Another significant advantage is that Giambrone has offices in the UK enabling complicated cross-border cases to be managed through the UK offices in your own language so you will have full knowledge in clear terms of all the steps taken with full understanding the implications, risks and consequences of accepting out-of-court offers as opposed to going the distance and embarking on court action in a foreign jurisdiction.

If it proves to be impossible to reach a reasonable settlement out of court our personal injury team will fight hard for a client and mobilise all their efforts to successfully achieve a good outcome. The presence of our overseas offices enables our personal injury team to gather on-the-spot evidence by making site visits removing the burden from our clients.  We are very experienced in getting the best out of a bad situation.

All cross-border litigation will radically alter once Brexit has been achieved, as there will no longer be a harmonised legal system that can rely on reciprocal recognition between jurisdictions.  Depending on how the UK leaves the European Union there will either be a transition period where the existing regulations remain in place initially and are slowly phased out in an orderly fashion and replaced with agreements between the UK and the Member States aimed at facilitating judicial cooperation. Or, if the UK makes an abrupt exit, the present arrangements and regulations will cease to apply immediately and it is by no means clear how cross-border legal matters will be dealt with thereafter as there is no over-arching protocol similar to the system in operation at present in the European Union.  The Hague Convention is likely to become more significant but not all countries are signed up to it. The UK took steps in December 2018 to ensure that it will become party to the Convention, in its own right, immediately after the proposed date for Brexit.  The UK will become a Contracting State on 1 November 2019 to ensure the continuity of cross-border legal matters.  The best advice to anyone considering embarking on a cross-border personal injury claim which has the potential to reach a court of law is to start the claim now as all matters that are in progress will continue under the present regime regardless of what happens with Brexit.

If you would like to know more about undertaking a cross-border personal injury claim please click here.