Normally, when someone is hurt as a result of someone else's carelessness, they wouldn't think twice about filing a personal injury claim. But if you are an undocumented immigrant, it makes sense that you might be hesitant to file a lawsuit. You might be concerned that any involvement with the judicial system could expose you to dire consequences like expulsion.
However, remaining silent might potentially seriously harm your life because:
- It's possible that you can't afford quality medical care.
- You might not be able to pay your bills if you are unable to work.
- Knowing that the person who caused you harm will not be held accountable for their acts may cause you pain.
Keep in mind that you have rights
American laws still apply to you even if you haven't had the time or means to finish the protracted and difficult process of becoming a US citizen. After suffering personal injuries in an accident, you should still be able to pursue financial recompense.
Fortunately, this viewpoint is shared by numerous courts across the US
The New York Court of Appeals ruled on a significant pertinent issue in 2006. Gorgonio Balbuena, a Mexican national and unauthorized immigrant, was the case's plaintiff. Balbuena was injured physically and had a significant head injury while working at a construction site. As a result, he was unable to continue working.
Balbuena attempted to file a claim for an accident at a construction site, but his claim was first denied because he could not show that he was authorized to work in the US. The New York Court of Appeals ultimately decided that Balbuena was entitled to file a personal injury case regardless of his immigration status since he had been injured at work as a result of someone else's carelessness.
Courts in numerous other states around the nation have used this decision as a precedent. Do not give up hope of receiving compensation if you are an undocumented immigrant who has been wounded in any accident.
Call today if you are worried that your immigration status will affect your personal injury claim
With the assistance of The Law Offices of Larry H. Parker, you can better grasp the intricate legal issues that might be present in your case and decide whether or not to file a personal injury lawsuit on behalf of an undocumented immigrant. To begin with a free initial consultation, contact us at 800-333-0000 right away.