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Personal injury law is complicated — and undocumented immigrants who don't understand their rights, may not pursue a lawsuit for fear that they may be deported. Whether documented or undocumented, anyone who has been injured in an accident has the right to file a personal injury claim without any repercussions for doing so. Here’s what every immigrant should know to protect themselves.
Immigrant Rights In a Personal Injury Lawsuit
Undocumented immigrants have the right to be compensated for injuries sustained in an accident due to the negligence of another party. When pursuing a personal injury lawsuit, medical documentation is a critical component of a successful case. Undocumented immigrants have the legal right to receive medical attention for their injuries and cannot be deported for doing so. Unfortunately, many do not seek the necessary treatment for fear of deportation.
Some common reasons why undocumented immigrants become injured and may need an immigrant injury lawyer to assist with their claim are:
- Work accidents
- Car accidents
- Medical malpractice
- Assault and battery
If you’ve been injured in an accident, you have the right to recover compensation for the following types of damages:
- Medical bills
- Future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Work Accidents
Undocumented workers are more likely to sustain a work injury. This is because many undocumented workers often take on jobs that pose more risks for sustaining an injury. For example, it’s not uncommon to see undocumented works in the fields of construction, manufacturing, agricultural, and other labor-intensive jobs.
Every employee has the right to work in a safe environment, and your employer must provide that to you. If you are not equipped with safety equipment or training on how to stay safe on the job, you could be at risk for a serious injury. Some of the most common work accidents among undocumented workers include:
- Slip and fall accidents
- Construction accidents
- Falls from ladders
- Roofing accidents
- OSHA (Occupational Safety and Health Administration) violations
- Manufacturing accidents
- Falling objects
- Falling down stairs
- Machinery and equipment accidents
If you’ve been the victim of a workplace injury, here are some steps you should take without fear of retaliation:
- Notify your employer immediately.
- Submit a work injury report with your supervisor (ensure you get a copy for your records).
- Seek medical attention as soon as possible.
- Contact an immigrant personal injury attorney to learn your rights.
Car Accidents
No matter what your immigration status, here are some essential steps to take if you’ve been injured in a car accident due to the fault of another driver:
Seek Immediate Medical Attention
It’s critical that you receive medical attention after your accident for two reasons:
- Failing to seek medical care can make your injury worse and is detrimental to your health.
- You leave yourself without solid proof that you’ve suffered an injury due to a car accident.
Medical Records and Documentation
The medical records and documentation are proof of the injuries sustained in your car accident and are necessary to support your claim. Without proper medical documentation, you could be putting your claim at risk for denial. Keep all medical records and documents in a safe place in case you need to submit them with your case.
Enlist the Help of an Immigrant Injury Attorney
It's imperative that you seek out an immigrant injury attorney as soon as possible after your accident. Personal injury lawsuits are very complicated, and without the assistance of an attorney you could miss out on the benefits and compensation you rightly deserve.
Green Card Holders and Car Accidents
As a green card holder, you have the legal right to obtain a driver’s license as well as other
American privileges. However, if you’ve been in a car accident as a result of illegal behavior, you could put be putting your green card status at risk. It’s imperative that you consult an immigrant injury attorney as soon as possible if you’ve been involved in any of the following illegal acts:
- Driving under the influence of fo drugs or alcohol
- Leaving the scene of an accident
- Driving without a valid driver’s license
- Reckless driving
- Distracted driving such as texting or talking on your cell phone
Why It’s Critical to Have an Immigrant Injury Attorney on Your Side
Personal injury cases are complex — and undocumented immigrant claims are that much more taxing. Having a skilled immigrant personal injury attorney on your side can advise you of your rights as well as increase your chances of a favorable decision. When it comes to personal injury law and immigration, we’ve got you covered.
Don’t let the fear of deportation stop you from getting the compensation you have the right to receive. Contact The Sekou Clarke Law Group online or call (407) 269-8774 today to learn more about how we can help protect your immigrant injury rights under the law.