Can Undocumented Immigrants File Personal Injury Claims?

Legal precedent favors the rights of undocumented immigrants in pursuing personal injury claims

Normally, when someone is injured due to another party’s negligence, they would not hesitate to pursue a personal injury claim. But if you are an undocumented immigrant, you may be understandably reluctant to take legal action. You may worry that getting involved in the legal system in any way will expose you to devastating consequences like deportation.

However, keeping silent can also have a big negative impact on your life because:

  • You may not be able to afford proper medical treatment
  • If you are unable to work, you may not be able to pay your bills
  • You may suffer knowing that the party who harmed you will not be held accountable for their actions

Remember: You Still Have Rights

Just because you have not had the time or resources required to complete the long and challenging process of becoming a US citizen does not mean American laws do not apply to you. You should still have the right to fight for compensation after a personal injury accident.

Fortunately, many courts throughout the US are also of this opinion.

One notable relevant case was decided by the New York Court of Appeals in 2006. The plaintiff in the case was Gorgonio Balbuena, a Mexican national and undocumented immigrant. While working at a construction site, Balbuena suffered a serious head injury plus other physical trauma and was unable to work as a result.

Balbuena tried to file a construction site accident claim, but since he could not provide proof that he was legally able to work in the US, his claim was initially dismissed. However, the New York Court of Appeals later ruled that Balbuena did have the right to pursue a personal injury lawsuit irrespective of his immigration status, simply because he had been hurt on the job due to someone else’s negligence.

This case has been viewed as a precedent by courts in many other states across the country. If you are an undocumented immigrant and you have been hurt in any kind of accident, don’t give up on the possibility of compensation.

Contact The Law Offices of Larry H. Parker Today

At The Law Offices of Larry H. Parker, we can help you understand the complex legal matters that may be involved in your case, and help you make a smart decision regarding whether or not to pursue a personal injury claim as an undocumented immigrant. Call us at 800-333-0000 today to get started with a free initial consultation.

📞 Call 800-333-0000 Today!