Anytime 24/7—Hablamos Español

Can Illegal Immigrants Sue for Personal Injury in New York?

When it comes to personal injury cases, many undocumented immigrants in New York find themselves wondering, “Can I, as an illegal immigrant, sue for personal injury?” The short answer is yes. Undocumented immigrants have the same legal rights as U.S. citizens. They can seek compensation for injuries caused by someone else’s negligence or wrongdoing.

What to Consider Before Filing a Personal Injury Case

Proving Negligence: First, you need to establish liability for your injuries, showing that the party responsible for your injury had a legal duty of care, breached that duty, and caused your injuries.

Even if you share some of the blame for the accident, you could still get compensation. New York uses a system called comparative negligence; this means the amount you get may go down depending on how much you’re at fault.

Statute of Limitations: The statute of limitations decides how long you have to file a lawsuit, depending on the type of injury and the defendant. Consult an attorney as soon as possible to ensure you meet all the necessary deadlines.

How to File a Claim as an Undocumented Immigrant

The first step is to consult a knowledgeable personal injury lawyer to guide you. Your lawyer will help you gather all the necessary documentation and evidence to support your claim, including medical records, accident reports, witness statements, and any other relevant information.

They’ll negotiate with the insurance companies to get you a fair deal. If a settlement can’t be reached, your lawyer will be prepared to take your case to court and fight for your rights.

Frequently Asked Questions

Can You Be Deported for Filing a Personal Injury Lawsuit?

No, filing a personal injury claim isn’t a deportable offense. Under 8 USC § 1227, the types of offenses that may lead to deportation are specified, and filing a personal injury claim isn’t one of them. It’s illegal to deport someone seeking compensation after being injured in the United States. Filing a lawsuit shouldn’t alert immigration authorities to your immigration status unless you’ve committed unrelated to the claim.

What Kind of Personal Injury Cases Are in New York?

What Types of Damages Can Undocumented Immigrants Recover?

Key Takeaways

Undocumented immigrants can sue for personal injury in New York.

Filing a personal injury claim doesn’t lead to deportation.

A lawyer can help guide and protect your rights throughout the process.

Contact Our New York Personal Injury Attorneys Today!

At Field Law Group, we believe in equal access to justice for all individuals, regardless of their immigration status. If you or someone you know is an undocumented immigrant who’s been injured, call 212-739-7278 or contact us today for a FREE consultation. We’re here to listen, inform, and advocate on your behalf.

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

MILLIONS RECOVERED FOR OUR CLIENTS!

No Fees Unless We Get You Compensation.

Don't Wait Another Minute

Understanding your rights and how you can recover compensation under the law is important. At Field Law Group, there is no downtime. We are here for our clients whenever they need us.

Schedule Your FREE Consultation Today!

17 State Street, Floor 40
New York, New York 10004

Free Consultation

212.739.7278
Anytime 24/7
Hablamos Español

Quick Links

Home About Us Practice Areas Areas Served Testimonials Contact Blog

No Fees Unless We Get You Compensation