Can an Undocumented Immigrant Sue for Personal Injury?

Are you recovering from a preventable injury in New York and feeling unsure about whether you can sue because of your immigration status? You’re not alone. Many undocumented immigrants worry that filing a lawsuit might lead to problems with immigration or bring attention they don’t want. However, New York law gives you the right to take legal action if someone causes your injury.

A lawyer can look at your case and explain your options. They can also help you understand what to expect, protect your privacy, and deal with the other side for you. You don’t have to go through the legal process alone. Working with an experienced personal injury attorney can give you the clear answers you need to decide what steps to take next.

Legal Protections for Undocumented Immigrants in New York

Can undocumented immigrants sue for personal injury? New York law allows undocumented immigrants to file personal injury lawsuits. State courts do not require you to prove legal immigration status to sue. If you suffer an injury because of someone else’s negligence, you have the right to seek compensation through the courts.

The New York Court of Appeals made this clear in Balbuena v. IDR Realty LLC. In that case, the court said undocumented workers can recover damages for lost wages and medical bills in personal injury lawsuits. The court also said that immigration status should not stop someone from getting justice when a company breaks labor or safety laws.

Courts in New York treat undocumented immigrants like any other person in civil cases. Judges might look at your immigration status in some situations. But they should not stop your case just because you lack legal status.

If you got hurt because of a car crash, a slip-and-fall, or another type of injury accident in New York, you can sue. State law protects your right to bring a case, even if you do not have a green card or visa.

Will ICE Be Notified If I File a Personal Injury Lawsuit?

You do not have to report your immigration status to file a personal injury case in New York, and the courts do not contact ICE just because someone files a lawsuit. Personal injury cases focus on what caused the injury, not your immigration history.

Lawyers in these cases usually do not ask about legal status unless it is somehow relevant to the injury claim, like if you ask for lost income. Even then, courts often block that information if it has nothing to do with how the injury happened.

Judges in New York have ruled that bringing up someone’s immigration status in court can prevent people from seeking justice and distract from the legal matters at hand. As a result, they usually do not allow it unless it directly affects the facts of the case.

ICE does not get automatic updates about lawsuits. If you file a personal injury case, it stays between your lawyer, the court, and the other party. An attorney can explain what to expect and how to protect your privacy during the case.

How to File a Claim as an Undocumented Immigrant

To file a personal injury claim in New York, you should start by speaking with a lawyer. They can review what happened, explain your rights, and help you determine whether you have a case. You do not need to share your immigration status to get this advice.

If you decide to move forward, your attorney will file a complaint in court. This document will explain how you got hurt, who caused the injury, and how much money you are asking for. You must file the claim within a certain deadline, usually three years after the injury.

You can still file even if you don’t have a Social Security number or work permit. The court does not require proof of citizenship or legal status to sue. Your attorney can also help you stay out of the courtroom if you feel nervous about going.

After you file, your case could settle or go to trial. Most cases settle. Your lawyer will speak with the other side and keep you informed about the progress of your case.

What Types of Damages Can Undocumented Immigrants Recover?

Undocumented immigrants can seek the same types of financial compensation as anyone else in a personal injury case. This includes money for:

• Medical expenses, such as hospital bills, medication, doctor visits, and physical therapy
• Future medical needs, including rehabilitation and long-term care
• Lost wages while recovering from your injury
• Pain and suffering caused by the injury
• Lost quality of life due to your injuries and the accident

Courts in New York have allowed undocumented immigrants to ask for future lost wages in some cases, including Balbuena. However, the other side might argue that your immigration status could impact your ability to work here in the future. An injury lawyer can help you clarify which rules apply to your situation.

Who Can an Undocumented Immigrant Sue in an Injury Case?

You can sue any person, business, or entity that caused your injury through careless or unsafe actions. It does not matter if you are undocumented. New York law gives you that right.

If a driver hit you, you can sue them for serious injuries. If you fell in a store or apartment building, you can sue the property owner or company that manages the place. Or if a defective product harmed you, you can sue the manufacturer who made it. You do not need legal immigration status to bring a case. The court focuses on what happened, not where you were born or whether you have a visa.

Sometimes, more than one person or company is at fault. You do not have to figure this out alone. A lawyer can help you determine who holds legal responsibility and file your case against the right parties.

Contact Our Personal Injury Lawyers in Queens, NY, to Get Started on Your Case

You don’t have to stay silent after an injury just because you’re undocumented. If someone else caused your injury, you have the right to speak up and take legal action. Contact The Tadchiev Law Firm, P.C. today to review your case and discuss your options in a free consultation. We speak Spanish and understand the fears and concerns you likely have. Our team would be proud to protect your legal rights and demand the fair compensation you are owed.

About the Author

Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.