Does Immigration Status Affect your Ability to File a Personal Injury Claim?
There are around 11.4 million undocumented immigrants in the U.S. These individuals do not enjoy many of the same protections and rights as U.S. citizens, they do have certain rights when it comes to personal injury.
The Fourteenth Amendment of the United States Constitution states that no one party is to deny another the equal protection of U.S. laws. That means that anyone living or working in the U.S. should have the same protections, and the same right to file a personal injury claim if they are harmed by negligence.
Regardless of immigration status, anyone who is injured by the negligence of someone else has the right to file a personal injury claim. That means immigration status generally does not factor into personal injury claims that seek compensation for:
- Medical Expenses
- Funeral Expenses
- Pain and Suffering
- Mental Anguish
- Loss of Enjoyment of Life
- Property Loss
- Punitive Damages
If the immigrant’s personal injury claim seeks a loss of future earnings, then the jury has the right to hear about immigration status and include that as a factor.
Immigration status also does not factor into workplace injuries outside the fact that undocumented immigrants may not have access to medical insurance or workers’ compensation benefits. In such cases, their only option may be filing a personal injury claim.
Get Help with Your Personal Injury Claim
No matter what your immigration status is, you will still be required to follow the legal process for filing a personal injury claim. That means the burden is on you to prove that negligence occurred. Further, you must adhere to the statute of limitations, which is two years from the date of your injury.
Your immigration status may seem like it would negatively impact your case, but you should contact a personal injury attorney to find out what your best options are to get the compensation you deserve. Contact Sunset West Legal Group, P.C. to schedule a free consultation.