Brexit and Jurisdiction in Accident Claims
Guidance on where and how to claim for accidents in the EU
Brexit changed the rules on making personal injury claims for accidents occurring overseas. Our lawyers can help you pursue cases from right here in the UK, calling on our strategic alliances with global law firms, particularly in the EU and USA.
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
“Fielding a first class, very well resourced team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury 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:
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
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Osbornes prepares cases well; the whole team is good and lawyers there know their stuff.
They deal with people compassionately and take on the right amount of detail. The firm has some really brilliant key solicitors.
The personal injury team is responsive and its level of service towards clients and other professionals is exceptional and high quality
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work
Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
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Personal Injury SolicitorsLaura Swaine
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Personal Injury SolicitorsNicola Hall
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Personal Injury SolicitorsAndrew Middlehurst
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