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I am seeking financial compensation. I am trying to find an attorney who specializes in this area or one that will help me. The injury happened on August 4, 2011, so I am in a bit of a time crunch. I would also like to know if I have a case for suit.
Due to the fact that there was no insurance purchased, I incurred many expenses for my early return home and I am still in debt. The university failed to inform me of the importance of accident insurance abroad. If I had insurance, I would not have had to go into debt paying emergency expenses. Furthermore there is a safety issue due to the false advertisement of sister schools in China. I had to attend a non-sister school even though I chose this university since they advertised established sister-school relationships. When I was injured, I had no advocate and had to wander on my own to try to find help and a hospital by myself.
okay, thank you. Will they respond to me today?
Can you explain then, why they wanted me to sign liability waivers after I returned early, that are supposed to be signed prior to departure abroad?
Is this legal?
Thank you for your follow-up. Sure, I would be happy to explain what options may exist. First of all, it is wise that you did not sign the waivers. It may well be that since they picked the school, there is a very outside shot that they can be deemed liable for not assuring your safety. But the downside here is the fact that they cannot formally provide such assurances beyond their doors--if you chose to travel elsewhere, the risk of travel and the risk of medical insurance is yours to bear. I do see one potentially unconventional argument here. Provided that the school was giving you full credit for your study abroad, you could claim that you were still a member of your current school. This is important because most schools require medical insurance as part of your attendance and matriculation. This insurance is either provided by the school or via your parents or spouse. If your school had this requirement, and you never took leave from the school, youc an then argue that the school insurance (If you had any) would be responsible for the costs and expenses that you incurred.You also brought up another issue that I need to address pertaining to your inability to make contact with other schools. This may be actionable if the school was unable to accommodate and find an another school to take you in. If that took place, however, and they gave you full credit for studying abroad, then it is a non issue also.Hope that helps.
Based on your reply, I am not sure if you completely understand the scenario that took place. I had to go to a non-sister school that was not affiliated with the university due to the fact they could not get a hold of any of their "established sister schools".
Do you know of a way to find an attorney that specializes in study abroad personal injuries? I've tried researching to no avail. If not do you know what my next best bet is? Most PI attnys in my city deal with car accidents or on the job injuries.
Megan,For 'out of country' personal injuries, that is based on the law of the country where the injury took place. This isn't a study abroad law (as nothing like that exists), it is a Chinese law personal injury claim. That means you would need to retain a Chinese attorney and sue based on local law, not on US law. Consider browsing www.martindale.com as it does have international listings. A local US attorney would not be able to assist. A US attorney could assist with a potential argument for breach of contract and breach of duty, but that is separate as that is a contractual claim and not a personal injury claim. There you could possibly look at www.avvo.com for local counsel who specialize in contract, administrative, and education law.Good luck.
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