INJURED IN THE UNITED STATES?

Cross-Border Injury Counsel for Canadians

I represent Canadians and their families in injury, wrongful-death and product-liability claims arising in the United States, particularly Washington State.

Greg Samuels
Founder, Cross Border Law
Licensed in Washington State and British Columbia
More than 30 years of cross-border litigation experience

WHY CROSS-BORDER CASES REQUIRE DIFFERENT STRATEGY

A claim involving a Canadian injured in the United States is not simply an ordinary personal-injury case with an international address.

It may require decisions about jurisdiction and applicable law, identification of every available source of insurance, coordination of a U.S. recovery with Canadian benefits, and proof of losses and future care that will occur in Canada.

These questions should be addressed at the outset. A missed limitation period, premature settlement, overlooked insurance policy or failure to evaluate the available forum and governing law can materially reduce the recovery.

Matters I Handle

  • Motor-vehicle and commercial-transportation collisions
  • Wrongful-death and survival claims
  • Defective-product and product-liability litigation
  • Underinsured-motorist and other insurance claims
  • Cross-border insurance coverage and bad-faith disputes
  • Claims involving substantial income loss or future care
  • Washington claims referred by Canadian counsel

ABOUT GREG SAMUELS

A Cross-Border Practice Built Over Time

I founded Cross Border Law in 1995 after recognizing that Canadians injured in the United States faced legal and insurance issues that neither a conventional U.S. nor Canadian personal-injury practice was ordinarily equipped to address.

What began with a handful of Washington cases developed into a practice devoted to cross-border injury litigation. My work has included motor-vehicle, wrongful-death, product-liability and insurance claims in Washington state and federal courts, as well as related proceedings in British Columbia.

I am both an American and Canadian citizen and have lived and practised in both countries. That experience informs how I evaluate the legal, medical, insurance and practical issues that arise when an injury occurs in one country but its consequences are experienced in another.

Education and Credentials

  • Tulane University — B.A., English
  • American University, Washington College of Law — Juris Doctor
  • Legal training completed at the University of British Columbia, Allard School of Law
  • Washington State Bar — admitted in 1990
  • Law Society of British Columbia — admitted in 1994

Published Articles

  • Wrongful Death and Survival Actions in Washington State: Comparing Benefits from a Canadian Perspective, The Verdict, April 2005
  • Extending American Products Liability Jurisprudence to Canadian Plaintiffs—Lessons from a Seven-Year Battle, The Verdict, April 2004

Outside the office, I am an avid mountain biker and live-music enthusiast.

REPRESENTATIVE CASES

These matters illustrate prior work. Every case depends on its own facts, law and available insurance, and past results do not guarantee a similar outcome.

Catastrophic Motor-Vehicle Collision — Washington State

A Canadian passenger was catastrophically injured when his son’s vehicle, stopped in the lineup approaching Canadian Customs, was struck from behind by a high-speed commercial delivery driver. He sustained brain and spinal injuries resulting in permanent partial paralysis.

Responsibility was disputed among the driver, a tavern alleged to have overserved him and the commercial employer that had directed the delivery trip. The employer contended that the driver had departed from the scope of his employment.

The case required extensive investigation, medical and liability experts, and analysis of both U.S. and Canadian legal and insurance issues. It resolved for the full combined policy limits available—approximately $5 million USD—providing resources for the client’s long-term care.

Defective Tire and Vehicle Rollover — Washington Trial

A Canadian family suffered life-altering injuries when a tire failed and their vehicle rolled on a Washington highway. Several occupants were ejected. The driver and tire manufacturer blamed one another, and the case produced related litigation in both Washington and British Columbia.

Following an eight-week trial, a Washington jury returned a verdict of $9.1 million.

We subsequently pursued underinsured-motorist claims against ICBC, including renewed litigation over the family’s damages, together with insurance bad-faith claims. Those proceedings were later resolved on confidential terms.

Cross-Border Insurance and Choice of Law

A Nevada resident was seriously injured while travelling in a Washington-insured vehicle in British Columbia. She had been advised to resolve her claims for the apparent insurance limits of $200,000. Before doing so, she sought a second opinion from another lawyer who recognized the cross-border issues and contacted me.

We applied a choice-of-law analysis under which different issues could be governed by the laws of different jurisdictions, including a punitive-damages claim under Washington law.

The matter resolved for $1.6 million—substantially more than the recovery initially contemplated.

Jurisdiction Strategy Following a Fatal Collision

Two recent high-school graduates were killed when their natural-gas-powered vehicle exploded after being struck near Canadian Customs, just north of the border. Evidence later presented at the driver’s criminal trial showed that she had been travelling at more than 100 miles per hour while hallucinating after taking the diet supplement ephedra.

We represented the young women’s estates and occupants of other vehicles in claims involving the driver and the manufacturer and distributor of the supplement.

A central issue was whether the litigation could proceed under U.S. rather than Canadian law. We established sufficient connections to Washington, allowing the claims to proceed there and materially improving the available recovery. The case received national media attention, including coverage on Good Morning America.

Canadian Neurosurgeon’s Loss of Professional Capacity

A Canadian neurosurgeon sustained a nerve-root injury in a relatively minor rear-end collision on Interstate 5 in Seattle. Although he continued working, the injury impaired the fine manual dexterity required for the most delicate procedures central to his practice.

The claim required evaluation of both financial loss and the broader personal consequences of losing important elements of a vocation built over decades.

After extensive discovery and negotiations involving a $5 million insurance umbrella, the case resolved on confidential terms.

HOW I WORK

I accept a select number of cases and remain directly involved in their strategy, development and resolution.

The work begins by identifying the issues that may ultimately determine the result: potential defendants, available insurance, jurisdiction, governing law, Canadian benefits, medical evidence, income loss and future care.

When a case requires broader resources, I work with experienced co-counsel, investigators, medical and technical experts, economists, life-care planners and jury consultants.

Cases are prepared with trial in mind, but trial is not always the best result. Clients receive candid advice about settlement value, litigation expense, delay and risk so that important decisions can be made with a realistic understanding of the alternatives.

FEES

I handle appropriate cases on a contingency-fee basis.

That generally means:

  • No legal fee is paid at the outset
  • The legal fee is calculated as a percentage of the recovery
  • If there is no recovery, there is no legal fee

The percentage, responsibility for case expenses and all other terms are explained in a written fee agreement before representation begins.

CONSULTATION

If you or a family member has been injured in the United States—or if you are a lawyer evaluating a potential cross-border referral—I am available to discuss the matter.

Initial inquiries are confidential and reviewed by Greg Samuels and paralegal Kathryn McDonald. We will determine whether further investigation is appropriate and explain the next steps.