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Immigrant Injury Rights: Accidents and Injuries Have No Regard for Immigration Status

construction worker on a scaffold, symbolfoto for building, consIn 2014, there were approximately 11.3 million unauthorized immigrants in the United States. This population, which has remained essentially the same for the past five years, currently makes up 3.5 percent of the nation’s population. These groups of individuals may not have some of the same rights as legal immigrants and citizens. However, they are afforded the same rights as everyone else when it comes to getting injured in accidents.

Immigrants, including those without documentation, work in some of the country’s most dangerous jobs, including construction, ironworking and demolition. These fields of work can be very dangerous, and such risks and dangers have no regard for whether the individual is in the country legally or not. The bottom line is that if you are hurt by the negligent or reckless actions of another party, regardless of your citizenship status, you may be entitled to compensation.

The Illegal Immigrant’s Right to File a Personal Injury Lawsuit

A common misconception that most undocumented immigrants have is their inability to file a personal injury claim in the event that they are seriously injured in an accident caused by another party. This is not true. Any individual, regardless of their immigration status, who is injured in an accident generally has the legal right to file a personal injury lawsuit. This is especially true in cases where the injuries result in extreme pain and suffering for the accident victim.
Illegal immigrants, similar to other documented immigrants and U.S. citizens, have the right to file a claim to seek compensation for:

  • Past and future medical bills
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional and mental trauma
  • Any other expenses that is related to the accident

The Fear of Filing Suit

In some cases, even if the undocumented immigrant is aware of his or her rights to file a personal injury lawsuit, he or she may refrain from doing so because of the fear of being “outed” as an illegal immigrant and subsequently getting deported.
Although this may be a valid concern and should be addressed with an experienced injury attorney, the injured accident victim should be assured that they possess the power to file an injury lawsuit if they have been harmed by another party’s negligence or recklessness. The ultimate decision will be theirs to make. However, at least they should know that they have an option.

Call a New York Personal Injury Attorney Today

If you or a loved one is an undocumented immigrant and have suffered injuries in an accident that was caused by the reckless actions of another party, you may have a valid personal injury claim and be entitled to monetary compensation regardless of your immigration status.
For more information or to consult with one of our experienced New York car accident attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

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