Immigration and Injury Law: What Happens If An Undocumented Immigrant Sues for Personal Injury?

Any time law enforcement officials get involved in a situation, undocumented workers and immigrants without lawful status can become nervous. Many will avoid these situations, which means that if they are in an accident, they may flee the scene. If they are injured in an accident that wasn’t their fault, they may never file a lawsuit or seek compensation for all they have suffered.

Most undocumented immigrants don’t call a personal injury lawyer to find out about their options in a personal injury case. However, if they did, they would learn that they still have rights—regardless of their legal status.

Can Illegal Immigrants Sue for Personal Injury? Can They File a Personal Injury Claim?

You do not have to be a citizen of the United States to bring a personal injury lawsuit against someone in the country. The 14th Amendment protects you in this matter, declaring that no state may “deny to any person within its jurisdiction the equal protection of the laws.” The amendment does not say that the state may not deny any “citizen” the protection of the law. It says that states may not deny any person that protection.

If you are injured in an accident caused by another person, you have the same right to work with a personal injury lawyer to sue the negligent party and recoup the compensation that you deserve. The courts have consistently upheld this principle. 

In 2003, A Texas appeals court ordered one company to pay a subcontractor nearly $750,000 in damages after the person was injured on the job. The court specifically rejected the company’s claim that it did not have to pay the worker because he was not a citizen, saying that state law “does not require citizenship or the possession of an immigration work permit as a prerequisite to recovering damages for lost earning capacity.”

The New Mexico Supreme Court similarly found in 2013 that an undocumented immigrant who was injured on the job was able to collect workers’ compensation benefits.

Remember: You do not have to be a U.S. citizen to enjoy the protection of the law. Just as you would be able to call the police if someone was attacking you or call the fire department if your house was on fire, you can call a personal injury lawyer and bring suit against someone whose negligence caused you to be injured.

Can a Civil Lawsuit Affect My Citizenship Application?

Even if you know that you can sue after your accident, you may still feel hesitant to sue. You may worry that you could face a US immigration lawsuit or that your legal status could reflect negatively on you and be used as a bargaining chip against you. However, it is a violation of ethical rules for an attorney, prosecutor, or other law enforcement official to threaten you based on your immigration status. 

Understanding The Intersection of Immigration and Injury Law 

The intersection of immigration and injury law is complex. Here’s a deeper look into some of the key aspects.

Protection Under U.S. Law

As discussed, U.S. law protects all persons within its jurisdiction, regardless of immigration status. This means undocumented immigrants have the right to seek compensation for injuries sustained due to the recklessness or negligence of other people.

Ethical Considerations

Legal professionals, including attorneys, prosecutors, and law enforcement officials, are bound by ethical standards that prohibit them from using a person’s immigration status against them.

Insurance Companies

Insurance companies cannot deny you a settlement based on your immigration status. If you face such discrimination, it is important to document it and report it to your attorney.

Do not let your immigration status deter you from getting the compensation you deserve after you are injured in an accident. You are entitled to compensation for your medical costs, future projected medical needs, damage to your property, time lost from work, and more. Talk with a personal injury lawyer to learn more about your rights and evaluate the strength of your case.

You Can File a Personal Injury Lawsuit If You’re Injured in a Car Accident

If you’re wondering, “Can an undocumented immigrant make a personal injury claim after a car accident?” The answer is yes. Just like any other person, an undocumented immigrant can sue for damages resulting from a car accident. The key factor is the fault of the other party and the damages sustained.

Legal Precedents

There have been numerous legal precedents where undocumented immigrants have successfully sued for injuries sustained in car accidents. Courts have consistently held that immigration status does not negate one’s right to seek legal redress for damage and injuries.

If you are an undocumented immigrant injured in a car accident, the first step is to seek medical attention. Afterward, consult with a personal injury attorney who has experience with immigration and injury law.

How Do Civil Cases Affect Immigration Status?

Generally, a personal injury lawsuit does not directly impact your immigration status. However, there are some nuances to consider.

Certain factors could affect your application for a green card or U-Visa. For instance, if you were involved in fraudulent activities or provided false information to authorities during your civil case, this could negatively affect your immigration application. 

Green card applications require demonstrating good moral character. Legal issues that call your integrity into question could be problematic. Thus, it is crucial to consult with an immigration attorney if you have concerns about how a civil case might impact your immigration status. They can provide tailored legal advice based on your situation. 

What to Do If  You Are an Undocumented Immigrant Involved in a Personal Injury Case

If you are an undocumented immigrant injured in an accident, it’s crucial to take specific steps to protect your rights and ensure you receive the compensation you deserve. Here’s a detailed guide to help you navigate this challenging situation:

1. Seek Medical Attention

Your health and safety are the top priorities. Immediately after the accident, seek medical help. This is crucial not only for your well-being but also for legal purposes. Medical records serve as evidence of the injuries and treatments received. Do not delay getting medical attention, as prompt treatment can prevent complications and is vital for accurately documenting your injuries.

2. Document Everything

Proper and thorough documentation is essential for building a strong personal injury case. Here’s what you should document:

Medical Records: Keep all records of medical treatments, prescriptions, and any follow-up care. Ensure that these documents are detailed and accurately reflect your injuries and treatments.

Expenses: Track all expenses related to the accident, such as medical bills, transportation costs to medical appointments, and any other related out-of-pocket expenses.

Communication: Keep a detailed record of all communications related to the accident. This includes correspondence with insurance companies, any statements made to law enforcement, and communications with your employer if the accident affected your ability to work.

Accident Details: If possible, take photographs of the accident scene, including your injuries and any property damage. Collect contact information from witnesses who can give statements about the accident.

3. Consult a Personal Injury Attorney

Finding the right legal representation is critical. Look for a lawyer experienced in both personal injury and immigration law. They understand the unique challenges you face as an undocumented immigrant and can provide tailored advice. An experienced attorney can guide you through the ins and outs of the Arizona legal system, protect your rights, and win your case to ensure you’re properly compensated.

4. Be Honest

Honesty is crucial when dealing with the legal process. Be truthful about your immigration status and any actions you may have taken out of fear, such as providing false information. Your attorney can better assist you if they have all the facts. They can also develop strategies to address any issues that may arise due to your undocumented status.

5. Know Your Rights

Educate yourself about your rights as an undocumented immigrant in the U.S. This knowledge can empower you and provide the confidence needed to pursue your case. Knowing your legal rights can alleviate some of the fear and uncertainty surrounding your situation.

6. Stay Informed and Engaged

Stay informed about the progress of your case. Regularly communicate with your attorney and provide any additional information they may need. Engaging in the process can help ensure that your case is handled properly and that you are prepared for any developments.

7. Consider the Long-Term Implications

Think about the long-term implications of your injury and how it might affect your life. This includes potential future medical needs, impact on your ability to work, and overall quality of life. Discuss these factors with your attorney, as they can influence the compensation you seek.

Get Help from an Experienced Immigration and Personal Injury Attorney

Being an undocumented immigrant does not strip you of your right to seek legal redress for personal injuries. If you or someone you know is an undocumented immigrant who has sustained injuries in an accident, seek legal help as soon as possible. Personal injury laws are designed to protect all individuals, regardless of their immigration status. An attorney who is well-versed in both personal injury and immigration law can help you assert these rights without compromising your safety or future.

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At Alcock & Associates, we believe that everyone deserves justice, regardless of their immigration status. Our law firm specializes in a wide range of practice areas, including immigration and injury law, providing compassionate, skilled representation to ensure that your rights are protected and your voice is heard.

Don’t let fear hold you back—take the first step towards justice and peace of mind. Get a free consultation with one of our seasoned Phoenix attorneys and let us help you secure the compensation and protection you deserve.

Contact us today!