Texas Attorney Interview: What if You're Injured On Vacation?

This video features Gregory H. Herrman, a Medical Malpractice attorney based in Texas.

What happens if you're injured on vacation? Should you seek legal assistance in the place where the accident occurred? Or should you talk to an attorney near where you live? Gregory Herrman is an injury attorney in Texas with offices near the Gulf Coast. He frequently helps out-of-state visitors who were injured in tourist activities like parasailing, horseback riding, golfing, jet skiing, riding a scooter, riding an ATV, or bicycling. Many of these accidents occur in places like Corpus Christi and South Padre Island. Even if they live out of state, he can assist because the local legal system holds jurisdiction over the injury claim. Call Gregory Herrman today: 888-981-1283 What are the most common scenarios for people who are injured on vacation in Texas?

Some of the most common tourist injuries that take place in Texas include:

If I’m hurt while visiting another state, should I talk to an attorney in that state or someone in my home state?

If you're injured in Texas, you should consult with a Texas attorney. Texas attorneys know the law regarding where and how the accident took place. Each court has its local rules, and you'll want a lawyer who knows the local rules. You may need to consult with Texas witnesses. The local lawyer will know Texas laws, and will also be familiar with the local judges and jury practices.

Will it affect my case if I'm partially at fault?

If the jury decides that the injured person is more than 50 percent at fault for the accident, then the victim cannot recover damages. However, whoever the defendant is, their insurance company will always try to blame the victim. In a comparative fault state like Texas, even if the jury decides that you are 20 percent at fault, you can still receive 80 percent of the awarded compensation.

If injured on vacation, should you contact a lawyer before you go back home?

Yes. Time is your enemy in cases like these. Evidence needs to be preserved, and witnesses need to give testimony while the memory is still fresh. The sooner you contact a local attorney who can handle your case, the better. If you contact a local attorney immediately, they can contact the Coast Guard (if it's a water-related accident), talk to witnesses, document the scene, and start moving on the case.

Will I need to make trips back and forth to the state where the injury occurred?

It depends on the case. Most cases settle before going to trial, not requiring a court appearance. You may need to visit for a deposition or attend a trial, but in most cases you can deal with the documents remotely.

What if I sign a waiver before going on an excursion? Am I out of legal options?

Most of the time, no. It depends on the situation. Generally, they can't escape liability just because they say "we are not responsible for accidents or injury." If an attorney can prove that the excursion company was negligent in any way that led to the injury, then the waiver will not be an iron-clad defense.

What are some precautions you can take to avoid injuries and accidents while on vacation?

Make sure you're in proper physical condition to take on the more "extreme" excursions. Watch someone do it. Ask questions. If you don't feel comfortable going on the excursion, sit it out.

What should you do if you're injured during an excursion?

If possible, take photos and videos of the scene and your injuries if possible. Get contact information for witnesses of the accident. These can help corroborate your story. For serious injuries, seek medical help immediately. As soon as you can, talk to a local injury attorney who can document the scene, hunt down witnesses, and start building your carse. Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.

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