Visualize your dream vacation. Are you lounging by the pool with a good book? Enjoying delicious foods with your loved ones? Waking up to breathtaking views and the sound of waves?
Now imagine that dream turning into a nightmare-a serious injury that lands you in the emergency department of a foreign country. You're alone, far from home, trying to navigate an unfamiliar healthcare system, with language barriers and uncertainty about what comes next.
Since all-inclusive vacations don't typically cover exorbitant hospital bills, taking a few precautions before you leave - and keeping a few helpful tips in mind once you arrive - can help protect you and your loved ones from unexpected challenges.
In this blog post, I'll explain what steps to take before your vacation, how to manage an injury abroad, and how a personal injury lawyer can help you seek compensation once you return home.
Before You Leave.
Unless you're heading off on a spur-of-the-moment getaway, you'll likely have plenty of time between planning your vacation and departure to prepare for the unlikely - but real - possibility that something could go wrong:
- While checking to see if any vaccinations are required or recommended for your destination, ensure that all your routine vaccinations are up to date. It is advisable to carry a copy of your immunization record and an International Certificate of Vaccination or Prophylaxis, if required.
- Plan to bring at least one to two weeks' worth of extra prescription medication on your trip in case of unexpected situations or delays. Ensure you have appropriate non-prescription medicines (for example, pain relievers, antihistamines, antacids, anti-diarrheal medication, and anti-motion sickness medication). Medications should be part of your carry-on baggage, left in their original containers, and have your name and health care provider visible.
- Pack a first-aid kit which includes sterile gloves, antiseptic wound cleaner, gauze, and adhesive bandages.
- The Canadian government also advises you to carry a contact card that includes information such as: the name, address and phone number of a family member or friend in Canada; the name and phone number of your health care provider in Canada, and addresses and phone numbers of your accommodations at your destination(s), hospitals or clinics at your destination(s), and the Canadian Embassy, Consulate or High Commission office in your destination country/countries.
It is essential to purchase travel insurance if your vacation takes you out of the country. While out-of-province provincial/territorial health cards can be used across Canada to access emergency medical care, these public plans provide very limited coverage for healthcare costs incurred during international travel.
You can purchase trip interruption and travel health insurance through your or your employer's insurance company, as well as through travel agents, insurance brokers, credit card companies, and banks.
At minimum, the Canadian government advises that your travel health insurance policy should cover medical evacuation (to Canada or the nearest place with appropriate medical care), the costs for a medical escort to travel with you, costs related to treating pre-existing medical conditions, and repatriation in case of death. However, it is generally a good idea to ensure you have sufficient coverage for medical expenses/hospital stays. Other questions to ask your prospective insurance include:
- Is there a deductible, and if so, how much is it?
- Does the coverage extend for the entire length of your stay and a period after your return? Is it renewable while you're abroad?
- Are there exclusions or limitations based on geography, certain activities, certain disorders, or conditions?
- Will the insurer cover expenses upfront or only reimburse you after you've submitted the bills?
- Does the company provide 24/7 support worldwide?
Some Canadians injured while traveling abroad without adequate travel health insurance have been shocked to discover that they're personally responsible for all healthcare costs beyond what their provincial health insurance plan or private insurance covers.
During Travel To/From.
If you are driving to your destination or while abroad, check with your provider to ensure you have sufficient coverage for motor vehicle accidents. Laws governing accident benefits, compensation amounts, and liability vary from place to place.
It's advisable to purchase optional coverage that provides at least $2 million for medical and rehabilitative costs, extends coverage to family members, and covers the difference if an at-fault driver is uninsured or underinsured. Your insurer may also be able to inform you about specific issues you may encounter if you are involved in an accident in a particular country.
Many people travel internationally by plane. In the event that you are injured during your flight-or at any point between boarding and disembarking-you may be entitled to seek compensation under the Montreal Convention.
This international treaty holds airlines and carriers strictly liable for injuries, loss, or damage that occur while a passenger is in their care.
Although the Convention only applies in signatory countries, passengers can seek compensation if any part of their international travel takes place (or would have occurred) in a country that adopted the treaty. It's important to note that there are both advantages and disadvantages to filing a claim under the Convention, depending on the specifics of your case, so it's always best to consult with an experienced personal injury lawyer to explore your legal options.
Injured While Away.
If you or a loved one are injured or harmed while abroad, your top priority should always be to seek medical attention. If you are able, contact your hotel/resort and/or travel agency to report the incident, and contact the Canadian embassy or consular office to explain your situation. They may advise that a medical evacuation is necessary.
Once the injured person is medically stabilized and out of immediate danger, consider doing the following if and when possible:
- Take photos or videos of the scene of the accident (preferably at the time of the accident, but these can also be taken upon return to the scene).
- Make notes about everything you remember as soon as you are able.
- Collect the names and contact information of any witnesses to the accident. If the accident involves a motor vehicle, collect the insurance information of other drivers.
- Never admit your own potential liability to anyone at the site of an accident. If police are involved, only make factual statements.
- Obtain as much documentation as possible before returning to Canada.
This can include police reports, medical documentation of injuries, contact information for people involved in your care, and any and all paperwork or contracts relating to your travel plans and bookings. If you signed a waiver prior to taking part in an activity in which you were injured, ask for a copy of this waiver, make notes about how much time you had to review it prior to signing and what, if anything, was verbally explained to you about the waiver or risks involved in the activity prior to engaging in it. - Do not sign anything that you do not understand or cannot understand due to a language barrier.
Depending on the type of accident or illness, you may be eligible for compensation if the negligence of others-such as individuals, businesses, or institutions-caused or contributed to your injury. While personal injury lawyers can conduct investigations to build a case after the fact, collecting and preserving evidence at or shortly after the incident can be crucial to strengthening your case.
Once You Are Home.
You may have already contacted a Gluckstein personal injury lawyer for a free consultation before you returned home to explore your options, obtain legal advice, and ensure you have all the necessary evidence and documentation. However, if you haven't, reaching out to us as soon as you return will allow us to help protect your rights when it comes to insurance claims and pursuing negligent parties.
If an insurer disputes aspects of your coverage, an experienced personal injury lawyer can help negotiate a fair resolution or, if necessary, pursue the matter in court. As your insurer would likely be a Canadian company or one that operates in Canada, and your insurance contract was made in Canada, any dispute over the insurance claim would be handled by Canadian courts.
If you are injured abroad, you will generally be expected to pursue a civil tort claim in the country where the injury occurred. However, there are several factors to take into account when determining which court should have jurisdiction, such as the connection between the accident and Canadian jurisdiction, as well as the residence of the defendant(s). If your case is heard in a Canadian court, the law of the jurisdiction where the injury occurred will apply to substantive issues, while provincial or territorial law will govern procedural matters.
Cross-border personal injury cases are often legally complex. It's crucial to choose an accident lawyer or firm with the knowledge and experience to handle these matters effectively.
If you or a loved one has been seriously injured abroad and you would like to learn more about your legal rights and options, contact a Gluckstein personal injury lawyer for a free, no-obligation consultation. If we determine that we can assist you in pursuing compensation and damages for your losses, we would be honoured to represent and advocate for you.
To learn more about our commitment to full circle care, and what we can do for you, contact us today.