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?
In New York, there are several types of personal injury cases undocumented immigrants can pursue, including, but not limited to, the following
- Car accidents
- Construction accidents
- Slip and fall accidents
- Medical malpractice
- Workplace injuries
- And more!
What Types of Damages Can Undocumented Immigrants Recover?
In a personal injury case, you can win different kinds of compensation, including
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Future medical care expenses
- Property damage
The goal of seeking damages is to compensate you for the physical, emotional, and financial impact of your injury.
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?
In New York, there are several types of personal injury cases undocumented immigrants can pursue, including, but not limited to, the following
- Car accidents
- Construction accidents
- Slip and fall accidents
- Medical malpractice
- Workplace injuries
- And more!
What Types of Damages Can Undocumented Immigrants Recover?
In a personal injury case, you can win different kinds of compensation, including
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Future medical care expenses
- Property damage
The goal of seeking damages is to compensate you for the physical, emotional, and financial impact of your injury.
Have Questions? Contact Our New York Personal Injury Firm
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.
Have Questions? Contact Our New York Personal Injury Firm
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.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania