The Effect of Immigration Status on Personal Injury Claims
You may be able to file a personal injury claim after being injured because of someone else’s negligence – even if you’re an undocumented immigrant. However, you may worry that seeking help could put you at risk. Many injured victims suffer in silence because they don’t know their rights or are afraid to speak up.
The good news is that your immigration status does not prevent you from seeking justice. If you’ve been hurt – whether in a car accident, slip-and-fall, or other incident – you may be entitled to pursue compensation for your medical expenses, lost wages, and pain and suffering.
Whether you’re asking, “Can an undocumented immigrant make a personal injury claim?” or just want to understand your legal rights, this guide can help.
Can I File a Personal Injury Claim If I’m an Undocumented Immigrant?
Your immigration status does not prevent you from filing a personal injury claim in New York. The law protects everyone who was injured due to someone else’s negligence. It doesn’t matter if you’re a citizen, permanent resident, or undocumented immigrant.
If you were hurt in an accident, you have the right to seek compensation for your injuries. The key factor is whether someone else’s actions or inaction caused your injury – not your immigration status. New York courts recognize that undocumented immigrants, like everyone else, have the right to be safe and hold others legally accountable.
Will My Immigration Status Be Used Against Me in a Personal Injury Claim?
Immigrants often worry that their immigration status can be used against them in a personal injury lawsuit. However, your immigration status generally isn’t admissible in court and shouldn’t affect your right to recover compensation.
New York courts recognize that your immigration status is usually irrelevant to personal injury claims. Personal injury claims typically hinge on how the accident happened, who was at fault, and how badly the victim was hurt.
However, there are rare exceptions. If you’re seeking damages for future lost wages or long-term earning capacity, the defense may argue that your immigration status could impact your ability to work in the United States. This is more likely to come up in complex or high-value cases.
Your lawyer can file motions to keep immigration-related information out of the courtroom. An experienced personal injury attorney will work to protect your rights throughout the legal process, regardless of your immigration status.
Challenges Immigrants Face in Personal Injury Claims
While undocumented immigrants in New York have every right to pursue personal injury claims, you might feel hesitant. Practical and emotional barriers may discourage you from holding the responsible parties accountable. Understanding these challenges and how to overcome them can empower you to take the next step toward justice.
Fear of Legal Consequences
The biggest concern immigrants usually have is the fear of being reported to immigration authorities. This worry often prevents people from seeking compensation, even after suffering serious injuries.
However, filing a personal injury lawsuit is a civil matter, not a criminal or immigration issue. Courts are focused on resolving legal disputes between each party, not enforcing immigration laws. Neither judges nor personal injury attorneys work with immigration enforcement, and they do not report your status.
In fact, when you hire a lawyer, your conversations and case details are confidential and legally protected. Your attorney will advocate for you and help keep your information private while guiding you through the personal injury claim process.
Financial Barriers
You might also assume that you can’t afford a lawyer. This is not true for most personal injury cases. Most reputable personal injury attorneys work on a contingency fee basis. With this type of fee arrangement, you don’t pay anything upfront. Instead, your lawyer only gets paid if they win or settle your case. This makes it possible for anyone to work with a skilled attorney.
You may also be able to access medical care on a lien basis. This means that any treatment costs can be delayed and paid from your settlement later instead of out of your own pocket. A trustworthy attorney can walk you through your options and help you access the resources you need to recover.
Language Barriers
Working within the legal system can be overwhelming for anyone. When English is not your first language, it might feel almost impossible. Immigrants who don’t speak English fluently often struggle to understand legal documents, communicate with insurance companies or healthcare providers, and explain their injuries.
The good news is that many lawyers speak different languages or offer access to interpreters, so language barriers aren’t barriers to justice. Look for an experienced attorney who speaks your language or can provide interpretation services. This allows you to understand your rights and communicate clearly with your legal team. We speak Spanish at The Tadchiev Law Firm, P.C. and would be happy to support you through the legal process.
What Are Your Rights After a Personal Injury Accident?
Even if you’re an undocumented immigrant, you have rights – just like any other injury victim. Your immigration status does not take away your right to get medical care, file a lawsuit, or hire an attorney.
There are a few steps you should take after an accident to protect those rights, though. Following these tips can also help strengthen your claim:
- Seek medical attention immediately, even if your injuries seem minor.
- If you can, document the accident scene and your injuries by taking photos and gathering contact information from witnesses.
- Keep records of all medical treatment and injury-related expenses.
- Avoid speaking to insurance companies on your own. Insurers may try to get you to say something that hurts your claim.
- Contact a personal injury lawyer as soon as possible so they can start collecting evidence and protecting you.
Remember: the law is on your side when it comes to personal injury claims. Don’t let fear or uncertainty prevent you from getting the justice and support you deserve.
Call Our Queens Personal Injury Attorneys for Help
If you or a loved one has been injured and you’re worried about how your immigration status might affect your rights, you’re not alone – and you do have options. The Tadchiev Law Firm, P.C. proudly serves Floral Park and the Queens community. We offer experienced and compassionate legal representation to all injury victims, regardless of immigration status. Our team can help you seek the fair compensation you deserve – confidentially, respectfully, and without any upfront cost. Contact us today for a free consultation.
About the Author
Boris Tadchiev
Boris Tadchiev es socio fundador de The Tadchiev Law Firm, P.C. Su práctica se centra en la defensa de los derechos de personas y familias en casos de lesiones personales relacionados con accidentes automovilísticos, responsabilidad civil por daños a propiedades y homicidio culposo. También representa a profesionales de la salud en complejas demandas de arbitraje sin culpa.