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The Law Is On Your Side Regardless Of Your Immigration Status
Many people claim that Americans are more litigious than any other society. While that may be true, it doesn’t mean it’s easy to sue someone. This is especially true for immigrants. If you are not a United States citizen, it may be difficult for you to sue someone for damages in an immigrant personal injury case in Miami. Our personal injury attorneys have represented many immigrants over the years.
Many of our clients belong to the Hispanic community living in the United States. They are yet to become citizens. The idea that these people would have no right to sue someone for damages is false. The good news is that, in the United States, anyone has the right to sue someone if they are injured due to someone else’s fault. However, the person still faces unique challenges in such cases.
With One People Law, know your immigration status and how it can affect your personal injury claim. Be aware of how our immigrant personal injury attorneys in Miami challenge the limitations that the defendant may attempt to impose on your personal injury case.
Problems to Face in Immigrant Personal Injury Cases
One of the arguments we hear from defendants in past immigrant personal injury cases in Hialeah is that our clients should not receive total compensation for their medical bills. They argue that the person should only be entitled to what it would cost to have his injuries treated in his home country.
This argument is not only illogical, but it doesn’t hold up. Courts have consistently held that all plaintiffs, including immigrants, are entitled to fair compensation for their medical bills. If you are staying in the US and are filing a lawsuit in the US, why would anyone assume you would be treated anywhere else?
Another detail is that it may be difficult for the immigrant personal injury attorney in Hialeah to prove lost wages and loss of future income while handling a lawsuit.
Many defense attorneys argue that immigrant plaintiffs should not be allowed to seek compensation for lost wages or lost future wages. They make the same argument regarding lost future wages: Immigrants are not American citizens, so an attorney cannot prove loss of future income.
A commonly heard rhetoric in immigrant personal injury cases in Fort Lauderdale is that If you are not a citizen, there is a possibility that you can leave the country at any time. You can go at your will, or the government can also force you to go. Either way, they say it would be unfair for you to be paid the same rate as people who are citizens.
Our immigrant personal injury attorneys in Fort Lauderdale have dealt with this type of reasoning for decades. Unfortunately, it is not limited to defense attorneys. There are certainly court clerks and judges who feel the same way. That’s why we work so hard to help our clients, especially our Hispanic clients, get what they deserve.
Role of Immigration Status in a Personal Injury Case
No law prohibits explicitly non-U.S. citizens, documented or undocumented, from filing personal injury lawsuits. Any immigrant with a personal injury case in Miami Gardens has the same right to seek compensation for their losses.
The United States Supreme Court has determined that the due process and equal protection clauses of the Constitution protect all individuals in the United States, regardless of citizenship or immigration status. That means documented and undocumented immigrants have the legal right to file insurance claims and personal injury lawsuits in the US.
While the law does not prevent you from seeking compensation as an immigrant, you may still be concerned about the consequences of taking legal action in a public court. For example, you may be worried that opposing attorneys could undermine your case or jeopardize your freedom by investigating your immigration status. However, it is not appropriate. Using someone’s immigration status as evidence against them in a civil case, such as a personal injury lawsuit, is unethical. Our experienced immigrant personal injury attorney in Miami Gardens can take steps to prevent evidence of her immigration status from being admitted in court through a process known as “motion in limine.”
Additionally, most personal injury lawsuits never go to trial. Instead, injured individuals typically obtain compensation through out-of-court settlements with the at-fault party’s insurer. These negotiations occur outside the court system, so there is generally less cause for concern when it comes to immigration status. Working with a dedicated legal team at One People Law provides you with the assurances you need to feel comfortable seeking the compensation you deserve, regardless of your immigration status.
What Damages Are Available to Undocumented Immigrants
If you suffer serious, preventable injuries in an immigrant personal injury case in Opa Locka, you are entitled to the same types and amounts of compensation as anyone else. Depending on the circumstances, you may be eligible to recover:
- Past and future medical expenses related to your injury
- Lost wages due to time lost at work
- Reduced earning capacity
- Pain and suffering
- Damage to property
- Other related losses
While your immigration status has no bearing on your right to compensation, your attorney may be cautious when it comes to certain aspects of your case. For example, when calculating lost income, your legal right to work in the United States could be called into question. As such, you must have a frank discussion with your attorney about how long you expect to be in the U.S. This will help you determine how much money you can reasonably expect to claim for current and future wages you could lose due to your injuries.
Talk to the experienced personal injury attorneys in Opa Locka at One People Law today. With them, you’ll learn more about what types of compensation could be available in your case.
Does Not Having a Driver’s License Affect Your Personal Injury Case?
One of the biggest challenges for many undocumented immigrants with accident injury claims is that they may not have driver’s licenses or auto insurance policies. Driving without a license or insurance is illegal, and this fact deters many undocumented drivers from filing valid injury claims after a car accident. However, you do not need a driver’s license or insurance policy to file an injury claim against a negligent motorist.
Insurers cannot refuse to handle claims because of your immigration status. Insurers may deny a claim from someone who was committing a felony at the time of the accident, but driving without a license is a misdemeanor, so insurers should not deny your claim in such a situation.
Undocumented Immigrants Should Hire a Lawyer After a Personal Injury Accident
Yes. If they suffer injuries in a preventable accident as an undocumented immigrant, the person has the right to seek legal advice and representation like anyone else. Life after an accident can be overwhelming. It is expected to feel confused about how to file a compensation claim, especially when you have concerns about your immigration status and your ability to communicate in English.
Our experienced Spanish-speaking personal injury attorneys can help you navigate the claims process with confidence. You should not fear legal repercussions for seeking the compensation you deserve. Working with our compassionate and qualified attorneys is the best way to protect your rights and interests after an unexpected injury.
Our expert attorneys will investigate the accident to find out what caused your injuries, determine who is to blame, calculate the total value of your losses, negotiate with the insurer for a fair settlement, and file a lawsuit in court against the at-fault party if necessary. At One People Law, our expert attorneys will handle your deal with much efficacy so you can focus on your recovery.
Reach out to us at (954) 727-5585 today. Our Orlando business visa attorneys are always available for you.
Our services are available in English, Haitian Creole, Spanish, and Portuguese.
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