What if You’re Hurt on Vacation?

If you’ve been injured in Texas while traveling for work or fun, seek appropriate medical care as soon as possible and learn how to protect your legal rights in Texas because you may need to file a claim in the state. Getting advice from an experienced Alvin personal injury lawyer is the easiest way to avoid mistakes and work effectively to secure the resources you need.  

Whether you came to our part of Texas for a laid-back vacation on the Gulf Coast or a lively tour of museums, food, and music in Houston, the one thing that was not on your agenda was getting hurt. Injuries are tough to deal with at any time, but when you’re away from home on vacation or a business trip, they really leave you at a loss.

Finding the right medical care is your top priority. But then you need to consider who’s going to pay for that care and the other consequences of your injuries. Do you take legal action in Texas or wait til you get home? To help ease the confusion, we’ve put together a short guide to help protect your rights so you can obtain full compensation for your losses.

What Should You Do First After an Injury While Traveling?

The first thing to do is to protect your health by getting a medical exam from a competent physician. It does not matter what EMTs said or whether anyone thought you needed to go to the hospital.

When you’ve been through a fall, a car accident, or other traumatic event, your body is filled with adrenaline, and that masks symptoms of injuries, including pain. A doctor who’s been made aware of your accident can check for signs of internal bleeding, brain injuries, and other damage that may not be immediately obvious.

Getting a medical exam protects your legal rights and financial health as well as your physical health. The records of your exam provide evidence that can be used to connect your injuries to the negligent actions of others to establish legal liability.

How Can Other People Help?

If you’re traveling with family, friends, or business associates, they can help in concrete ways. Have someone take photos of the accident scene, including any hazardous conditions that contributed to your injuries.

For instance, if you were hurt in a rental car accident, someone could take pictures of the damage to the vehicles, the area where the collision occurred, the road signs, and other landmarks. If you notice a security camera anywhere, make note of it. Your attorney can take legal steps to secure footage from the camera that could serve as valuable evidence. You can also ask for help collecting contact information from witnesses and other information that could potentially be useful.

Would I File a Personal Injury Claim in Texas Even if I Live in Another State?

In most legal actions, the case should be brought where the losses occurred. So if you were hurt in Texas, then you would work with a personal injury attorney in Texas to file a claim, most likely in the county where you were injured.

If you’re from another state, it is important to understand some features of personal injury law in Texas:

• The statute of limitations is generally two years. That means you must have your legal case prepared and filed within two years of the time the injury occurred, or you lose the right to seek compensation
• Texas laws will apply to your case if the injury occurred in Texas, even if the party who caused the injury and the party who was hurt are domiciled in other states
• Texas courts will usually have jurisdiction over the case. If the defendant is out of state, the defendant could potentially seek to remove the case to a federal court in that state if the damage amount is over a certain threshold, but the case will need to start in Texas if the injuries occurred here
• A modified comparative fault rule will apply to the case. That means that if you bear some of the blame for the cause of your injuries, your recovery will be reduced by a percentage equal to your share of fault.

If your actions constituted more than 50% of the fault, then you will be prevented from recovering any compensation. The attorneys representing the defendants will argue that you were primarily to blame in the case, so it is important to work with an attorney who is prepared to show why the other party bears primary responsibility and that your actions did little to contribute to causation.

FAQs About Vacation Injuries

Should I go to the emergency room or an urgent care facility?

Finding the right medical care can be problematic when you’re traveling. If you go to the hospital emergency department, you will be in a well-equipped facility, but you may have a long wait. On the other hand, if you go to an urgent care facility, you might be seen more quickly, but the person who examines you might not be a doctor, and they might not have the equipment necessary to run the right tests or capture the right images.

What are some of the most common vacation injuries?

At DeKeyzer Law, we’ve seen quite a variety of injuries suffered while people are traveling. Here are some frequent scenarios:

• Pool accidents at hotels
• Tripping on the stairs at an Airbnb
• Collisions while driving in a rental car or rideshare vehicle
• Recreational accidents on boats, ATVs, and jet skis
• Assaults due to negligent security at stores

How should I deal with insurance companies and medical bills when I’m out of state?

First, if you have an annual travel insurance policy or a single-trip policy that covers your time in Texas, you can start by contacting the provider of that policy or your regular health insurance provider. 

If you are contacted by an insurance company representing others involved in the case, you need to be aware that you are not required to say anything to them and that doing so can actively damage your ability to recover compensation for your injuries. Even when they act friendly, representatives from other insurance companies are looking for information they can use against you, and they aren’t shy about twisting your language or taking your words out of context. It is better to have your lawyer do all the communicating with other insurance companies.

If You’re Hurt While Traveling in Texas, DeKeyzer Law is Ready to Help

We can give you a few fewer things to worry about if you were hurt due to someone’s negligence while traveling in Texas. Allow the team at DeKeyzer Law to help gather evidence to support your claim, stay on top of deadlines, and manage communications with insurance companies so you can focus on healing.

If you’re not sure whether you need a lawyer, call us and ask. We offer free consultations so we can answer your questions. To find out how we may be able to assist, call us at 713-904-4004 or contact us online now.