Can I Make a Claim if I was Injured in the USA?

Claims for Accidents on Holiday, Travelling or Working in the USA

If you were injured in an accident in the USA and it wasn’t your fault, you may still be able to claim compensation from the UK. Whether your claim can be brought in the English courts depends on who was responsible and how your trip was arranged, but UK solicitors can often still help.

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  • “Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”

     

  • “Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “

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If you were injured while visiting the United States and the accident was not your fault, you may still be able to bring a holiday accident compensation claim from the UK. Whether your claim can be handled in the English courts, or whether it must be pursued in the US, depends on factors such as who was responsible for the accident, where they are based, and how your holiday or trip was arranged. In some cases, UK residents can instruct UK personal injury solicitors to manage their claim even if the injury happened abroad.

Can UK courts deal with an accident that happened in the US?

Sometimes, yes.

You may be able to bring a claim in the UK if there is a connection to England and Wales, such as a UK-based company or insurer being responsible for your injuries.

When you can usually claim in the UK

You are more likely to be able to pursue your claim in the UK if one of the following applies.

The responsible party is based in the UK

You may be able to claim in the UK if the accident was caused by:

  • A UK-based company or organisation
  • A UK employer (for example, if you were injured during work-related travel)
  • A UK insurer

In these situations, the English courts will often have jurisdiction, even though the accident happened overseas.

You booked a package holiday from the UK

If your trip to the USA was booked as a package holiday with a UK tour operator, you can usually make your claim in the UK.

Under UK package travel laws, the tour operator can be held responsible for injuries caused by failures in accommodation, transport, or services included in the package — regardless of where the accident occurred.

When you may need to claim in the USA

You may need to pursue your claim in the US if:

  • You were injured in a road traffic accident caused by a US driver
  • The accident occurred in a US hotel, restaurant, shop, or attraction
  • The injury was caused by a US company with no UK presence

In these cases, the claim is usually governed by US law and must be brought in the appropriate US state.

However, this does not mean you have to deal with the process alone or travel back and forth unnecessarily.

Can a UK solicitor still help if the claim is in the US?

Yes.

Even if your claim needs to be pursued in the USA, a UK personal injury solicitor can:

  • Advise you on your legal options
  • Handle evidence gathering and medical reports in the UK
  • Work with trusted US attorneys on your behalf
  • Communicate with insurers and defendants
  • Manage the claim while you remain in the UK

Many US claims are settled without the need for a court hearing, meaning you may never need to return to the US.

Time limits for making a claim

Time limits are extremely important in international injury claims.

  • In the UK, personal injury claims usually have a three-year time limit
  • In the USA, time limits vary by state and can be much shorter
  • Some claims are affected by international conventions, such as those involving air travel

Because deadlines can be missed quickly, it is important to seek advice as soon as possible.

What should I do if I’m injured in the USA?

If you are injured while travelling in the US, you should:

  • Seek medical attention immediately
  • Report the accident to the relevant authority (police, hotel, employer, or tour operator)
  • Take photographs and gather witness details if possible
  • Keep copies of medical records and receipts
  • Contact your travel insurer
  • Speak to a UK solicitor experienced in overseas injury claims

Early advice can make the difference between a successful claim and one that cannot proceed.

Why instruct a UK personal injury solicitor?

A UK-based solicitor can:

  • Advise whether your claim can be brought in the UK or must be pursued in the US
  • Explain your rights clearly and in plain English
  • Help you avoid missed deadlines
  • Coordinate international legal work on your behalf
  • Often act on a No Win No Fee basis

This allows you to focus on your recovery while our solicitors manage the claim.

Speak to our holiday accident claims team

If you were injured in the USA and want to know whether you can claim compensation from the UK, our specialist holiday accident solicitors can assess your case and advise you on the best course of action.

Contact us today for expert advice on your options.

  • Call 020 7485 8811 or
  • Fill in the form below

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