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There was a very tragic and sad accident at a luxury Nicaraguan resort earlier this year. A resort-owned vehicle with over 20 people in it crashed and caused multiple injuries, including killing one woman.
While this type of tragedy is somewhat rare, it does happen. What is even more common is people going on an overseas trip and having an accident of some sort. The question is, can you get an injury attorney in the United States to help you? The answer is it depends.
The Key Factor In Out Of The Country Personal Injury Claims
The reality is that laws in other countries are different than in the US. The average monthly salary in a place like Nicargua is $300-$400 which is probably less than one night’s hotel stay at most of the high end resorts there. As a result, even in a major injury case like this one, you can not expect to sue in Nicaragua and get something that fairly compensates you. They have probably never had a multi-million dollar settlement in that country.
So if you are a victim of negligence and injured, the key factor is can you find a way to sue in the United States? If so, you can likely bring a lawsuit here.
In this case, the hotel where this happened is part of a world wide luxury resort brand. They have hotels in many countries. Their US headquarters are in California and their operations center in the US is in Chicago on Wacker Drive.
In other words the victims and their families can make a great argument that a lawsuit can be filed in Illinois. That is huge and could change the value of some of these claims by tens of millions of dollars.
In this case, it appears that all of the negligence is tied to the resort. It was not a Marriott Hotel, but that is another example of a hotel chain that is all over the world. It is very reasonable to argue that you trusted the brand, so even if the negligence happened overseas, that trust and their activities in the US serve as a basis for bringing the case here.
The situation would likely be different if it was a tour operator of some sort that caused the crash. If they have no affiliation with the hotel, then it is harder to hold the hotel responsible. But even then, if the hotel was cross promoting with them, that could potentially give you a reason to sue in the United States.
For example, I was in Costa Rica and the concierge at our hotel was able to book a zipline tour and have us pay our bill through the hotel. That would likely be enough to make a sound argument that the hotel was in part responsible for any accident. On the other hand, if you walk into town and get hurt at a local restaurant, your options would likely be limited to the laws of that country.
The Bottom Line
While it sounds morbid to say, if you are going to get hurt from someone else’s negligence, you are much better served and protected if you can find a way to bring a lawsuit in the United States. The simple reality is that cases are worth more here.
There are very few law firms who have experience with international cases like this. Your run of the mill car accident attorney is not likely the right attorney to hire for a situation like this. You need a bigger injury firm that has a track record and if needed can afford to send investigators to the foreign country to gather evidence.
There are not very many law firms in the country with a real track record of complex injury cases like this. It is not typically the type of attorney you see on TV. It is the firms that lawyers would hire if it happened to them.
If you or a loved one was seriously injured out of the country at a hotel, on a cruise ship or in another place, we promise to give you the same guidance we would to a family member or friend. Call us at 800-517-1614 to speak to an attorney for free. We will give you a case review and if appropriate, recommend a top firm that can help you get financial justice for what happened.
