Immigration status does not affect personal injury claims

On Behalf of | May 21, 2024 | Personal Injury |

People in a variety of different immigration scenarios feel vulnerable when they encounter personal setbacks. A personal injury scenario, such as a car crash or an injury on private property, could render an immigrant unable to work or in need of financial support. The law generally allows those harmed by people or businesses to take legal action if negligence, omissions or intentional misconduct causes an injury.

Unfortunately, many immigrants do not know their rights. Undocumented immigrants, in particular, may feel as though they have no protection when a person or business causes injuries, lost wages and property damage. Immigrants often feel anxious about filing insurance claims, let alone personal injury lawsuits. As such, those who are in the country on visas and even undocumented immigrants may benefit from learning that personal injury lawsuits are available to anyone regardless of their immigration status.

Basic rights extend to even undocumented immigrants

The United States Constitution protects more than just citizens. Anyone in the United States has certain basic rights and legal protections. Equal protection under the law applies to anyone, regardless of their immigration status.

The right to hold others accountable for injuries and preventable financial losses applies to anyone in the United States, not just citizens and documented immigrants with valid visas or green cards. Someone filing a personal injury lawsuit in civil court should not have to worry about deportation or legal proceedings affecting their immigration status adversely.

While there are rules that can affect immigration status in scenarios where people become dependent on public benefits, needing compensation from a private party does not have the same effect on an immigrant’s right. There is no need to fear seeking compensation because it raises questions about someone’s self-sufficiency.

Immigration status should not factor at all into a personal injury lawsuit. The courts should give someone the same consideration they would a citizen facing a similar challenge. That being said, immigrants may need to use a more measured approach to a personal injury lawsuit than those who are not in a precarious legal position.

Learning one’s rights and having the right help can benefit those who need to pursue a personal injury lawsuit. Compensation is potentially available for anyone injured in the United States due to negligence or misconduct, not just those with the legal right to be in the country.