Personal Injury Attorneys in Buenos Aires
Argentina’s legal system operates quite differently from the United States when it comes to personal injury claims.
Buenos Aires follows a civil law tradition rather than common law, which means the approach to personal injury cases differs significantly from what North American expats might expect. Understanding these differences is essential before seeking legal representation in Argentina.
How Personal Injury Law Works in Argentina
In Argentina, personal injury cases fall under civil law and are handled by abogados (attorneys) who practice general civil litigation rather than specializing exclusively in personal injury. The legal system doesn’t have the same contingency fee structure common in the United States, where attorneys take a percentage of the settlement. Instead, Argentine lawyers typically charge hourly rates or flat fees for their services.
Personal injury claims in Buenos Aires generally arise from traffic accidents, workplace injuries, medical malpractice, or accidents in public spaces.
The process involves filing a civil lawsuit seeking damages for medical expenses, lost wages, and pain and suffering. Cases are typically resolved through negotiation with insurance companies or through civil court proceedings, which can be lengthy.
Finding Legal Representation as an Expat
When searching for an attorney in Buenos Aires, look for lawyers with experience in daños y perjuicios (damages and losses) or responsabilidad civil (civil liability).
Legal fees in Argentina are generally more affordable than in North America or Europe, but you should discuss payment structures upfront. Most attorneys require a retainer and bill for their time. Unlike the US system, you’ll likely need to pay legal fees regardless of the case outcome.
Important Considerations for Expats
Argentina’s healthcare system means most injury-related expenses may already be covered if you’re using public hospitals or have private health insurance. This differs from countries where personal injury claims often focus on recovering medical costs. Understanding what’s already covered through your obra social (social security healthcare) or private insurance is crucial before pursuing legal action.
The statute of limitations for personal injury claims in Argentina is generally two years, though this can vary depending on the type of claim. Document everything immediately after an incident, including photos, witness information, and medical records. Police reports (denuncia policial) are essential for traffic accidents and should be filed immediately.
Keep in mind that Argentine courts move more slowly than those in many other countries, and cases can take years to resolve. Mediation and settlement negotiations are often preferred over lengthy litigation.