The rights of immigrants to file personal injury lawsuits

On Behalf of | Jun 22, 2019 | Personal Injury

People suffer because of the negligence of others every day. Workplace accidents, car crashes and other incidents can cause life-changing injuries.

If you are an immigrant in the U.S. and you suffered an injury because of someone else’s negligence or carelessness, you have options. Do not be afraid to come forward seeking justice and restitution.

Can a noncitizen file a lawsuit?

One commonpersonal injury question is whether noncitizen immigrants have the right to file personal injury lawsuits in Washington. The answer is a resounding yes. Citizens and noncitizens alike have the right to pursue financial recovery after an accident someone else causes. Whether you are here with permanent citizenship or unlawfully in the country, you can file a lawsuit against someone.

Will filing a lawsuit lead to deportation?

No, filing a lawsuit will not expose you to risks of deportation. Too many undocumented immigrants suffer in silence or accept low settlements because they think coming forward will risk their status. This is not the case. You can seek legal recourse for your personal injuries as a noncitizen. Even as an undocumented person, you have the rightto a fair trial and due process by law.

Will my immigration status affect the case?

Lawfully the courts cannot consider your immigration status during a personal injury claim. No judge or jury will use your status against you to increase your liability or downsize your recovery. The defense also cannot use this against you as a reason to escape liability. The courts would not allow something irrelevant like your immigration status serve as evidence during an injury case.

Am I eligible for recovery?

If you are a blue-collar worker or someone else with serious injuries because of someone else’s negligence, you could be eligible for financial compensation. Your lawyer will need to prove that the defendant breached a duty of care he or she owed you, and that this caused your injuries. These are the main elements necessary to win a personal injury claim.