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Vacations & Travel—Applications
Documents To Show Your Attorney: Suing Your Travel Agent
Planning a vacation or travel can be strenuous and complicated. For that very reason, many Americans choose to have a travel agency do the planning for them. But, if something goes wrong with a trip, a travel agency may find itself involved in a lawsuit. If you are suing your travel agent, what types of documents should you have at the ready for your attorney, and why might he want to see them?
____The Contract or Agreement. Most travel agencies that book guided tours, cruises, or other travel packages may have you sign a specific contract or agreement for that particular trip. Keep a copy of any contract or agreement you sign. Your attorney will be interested in the basics of the trip, such as the dates scheduled, and will also want to read the fine print to see if there are releases of (or attempts to release) the agency from liability.
____Evidence of Payment. It is the rare trip that is truly free. Keep any cancelled checks, invoices, bills or other similar statements to show your attorney that you actually paid for the trip in case that question should ever arise.
____Your Itinerary. The best laid plans often change (and that is often the subject of travel agency litigation) so your attorney will be interested in seeing what was originally planned for your trip, and then hearing your version of how it actually panned out.
____Your Medical Records. If you are physically injured on a trip booked by a travel agency, you may be interested in knowing whether you can sue the agency for the injuries you sustained. In that case, your attorney will want to see all medical records you have to develop an understanding of the extent of your injuries and your current physical condition.
____Your Pharmacy Records. Just as your attorney is interested in your medical records, if you have also taken prescription medication for your injuries, he will want to know what specific medications you are taking and how much they cost you.
____Your Pay Stubs. If you have lost time from work as a result of injury or a delayed return from your vacation, your attorney will need to calculate any wage loss which you have experienced. If possible, provide your attorney with evidence of how much you were earning both before and after your injury.
____Property Descriptions and Valuations. If you lost personal property, or had personal property damaged or destroyed, you may be able to recover the value of that lost property depending upon the facts of your specific case and the law in your state. Provide your attorney with a written description of any lost, damaged, or destroyed property, and an estimate of its value.
____Correspondence. Many people try on their own to handle problems with travel agencies before turning to a lawyer for help. If you were one of those people, be prepared to provide your attorney with a copy of any correspondence you sent to the travel agency and a copy of any correspondence which you received in return. If you handled the matter by telephone, be able to provide your attorney with dates and summaries of those telephone conversations.
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