Many people ask the question, “can illegal immigrants sue for personal injury”? If you are an undocumented immigrant, we understand your worries about making yourself “public” by filing a lawsuit. Many people fear if you are not legally in the United States, you have no rights under the law. Please rest assured that you still have the right to sue if you have been physically injured regardless of your immigration status.
When Can You Sue for Personal Injury?
Once you get past the question, can illegal immigrants sue for personal injury?” you need to know the different types of accidents that give rise to lawsuits. There are many ways that an injury could result in a lawsuit. Many people suffer accidents while working. Many times employers hire undocumented aliens so they avoid the need to pay union wages or health insurance. That can help an employer keep the cost of their job down and make them more money. But your status in the United States does not mean that you are not afforded protection on a job site.
Employers have a “duty” to make sure that certain safety precautions are available for all employees including illegal immigrants. If an employer fails to provide those safety measures a court can find they violated the law. If this happens and you suffer an injury, you have a right to sue for your personal injury regardless of your immigration status. You may be entitled to compensation for your physical damages. In addition the law allows for you to collect for lost wages and future earnings. The highest court in our state, the Court of Appeals, has decided cases involving these very issues.
Can the Courts Consider Your Status as an Illegal Immigrant?
New York is a fair-minded state. This means that the courts accept new information and new ideas.
New York courts will allow you to recover monetary compensation for injuries you have suffered. Other states are strict in their interpretations of the law. Bringing lawsuits in those states may not have the same result as it would in New York.
Because our courts are fair to both plaintiffs and defendants, the fact that you are an illegal immigrant can be something that a defense attorney will be allowed to bring during your personal injury lawsuit. In some instances a jury can consider that information when deciding your monetary award. But it is only one element of your case. The jury may not consider it at all. The facts of your particular case will determine what a jury hears.
We understand that you also be may be afraid that you will be deported when suing for personal injury. Rest assured that even though your status as an illegal alien may factor in your case, it does not mean that deportation proceedings will result. In addition, you cannot be threatened with deportation by your employer or any party that has caused your injury to scare you away from bringing a lawsuit. That is outright illegal.
Attorneys Who Will Fight For You
Our personal injury attorneys fighting on your behalf understand the law and how it will affect you. We will advise you in your best interests. We will not let anyone that has caused you injury to hide behind your immigration status and use it as a shield to hide behind his or her negligence. Now you have the answer to the question, “can illegal immigrants sue for personal injury”?
