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Can Undocumented Immigrants File a Personal Injury Claim?

Undocumented immigrants are often told that they don’t have any rights when they enter the United States illegally. At the least, they are told that they have limited rights that don’t compare to what citizens and legal permanent residents (LPR) get. Unfortunately, this constant flow of misinformation has led far too many undocumented immigrants to believe such falsehoods as not being able to file a personal injury claim or lawsuit after being hurt in an accident that was not their fault.

The truth is that your immigration status does not affect your right to pursue damages after being hurt through someone else’s negligence. In other words, the United States protects every individual injured in any type of accident, regardless of their immigration status. If you were hurt and it was not your fault, then you should not hesitate to talk to an attorney about what you can do next in pursuit of fair compensation.

Can You Get Deported for Suing While Undocumented?

The Immigration and Naturalization Services (INS), United States Citizenship and Immigration Services (USCIS), and Immigration and Customs Enforcement (ICE) are all not allowed to deport an undocumented immigrant only because they file a personal injury claim or lawsuit. In fact, the INS has never deported anyone in history who was injured in an accident because they appeared on their “radar” once they filed a claim.

Attempting to deport an undocumented immigrant who had recently filed a personal injury claim or gotten into a serious accident could also be seen as an obstruction of civil justice. To avoid such a controversy, the INS will usually wait to take any action until the injury claim is fully resolved.

What Damages are Available to Undocumented Immigrants?

Undocumented immigrants are allowed to file a personal injury claim just like a U.S. citizen. Furthermore, the damages that undocumented immigrants can receive through a successful claim are also unchanged.

Damages that are available to undocumented immigrants – or anyone – in a personal injury claim are:

  • Costs associated with medical bills and treatments
  • Wages lost due to being unable to work while injured
  • Pain and suffering damages
  • Emotional trauma from the event

We’re Proud to Stand by Clients from All Walks of Life

The Cassisi Law Firm in Queens proudly extends open arms and offers compassionate legal assistance to people from all walks of life, including undocumented immigrants within our community. You have the right to health and happiness, no matter where you are from, which means you have the right to file a claim against any party that hurts you through an act of negligence. Let us show you how to use and protect your rights by filing an effective personal injury claim.

Call (718) 524-3398 to schedule a free and confidential consultation.

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