YES, An Undocumented Immigrant CAN File A Personal Injury Lawsuit!
In the American legal system, when people are injured, they may be entitled to compensation for their injuries. When someone is injured in an accident through no fault of their own, it is reasonable to expect to recover lost wages, compensation for past and future medical expenses, including doctor’s visits, emergency room fees, prescription costs, transportation costs, physical therapy and the like.
When someone is hurt in a car accident, a slip and fall, or other type of accident, most injury victims are entitled to lost wages, medical expenses, compensation for pain and suffering. If you have been injured in the United States and you are an undocumented immigrant, it is always a good idea to contact a personal injury attorney to learn more about your legal rights. A personal injury lawyer at Nadrich & Cohen, LLP can provide you with a free and confidential consultation. We will not share your information with any third-parties. The call is free and completely confidential. Se habla español.
How Does My Immigration Status Affect My Personal Injury Case?
When someone is an undocumented immigrant in the United States, the fact they are not a legal resident or U.S. citizen, is of no consequence to the determination of personal injury compensation that they may be entitled to receive. Immigration status is not considered a factor when determining the right to obtain a personal injury monetary settlement. U.S. courts consider the facts of each individual case without regard to an individual’s immigration status.
Wage Loss Recovery For Undocumented Immigrants
“Lost wages” is a blanket term used in the legal community to refer to both the wages someone didn’t earn while they were healing from an injury, and the wages someone won’t earn in the future because of a long term (or permanent) disability.
Past lost wages are calculated by reviewing the number of hours an injured person could have worked if they were not injured. In some cases this can also include overtime hours, if that is reasonable under the specific circumstances of the case.
Future lost wages are calculated by determining the amount of wages one is “reasonably certain to lose in the future” because of the injury. This calculation includes wage loss caused by an inability to work, or an inability to continue working in one’s profession.
Rodriguez v. Kline
For undocumented persons, a different calculation is used by the court to determine past and future wage loss. Undocumented immigrants are still entitled to lost wages, but they are calculated differently than they are for legal residents and U.S. citizens. In the California Case of Rodriguez v. Kline, the court held if a person is not legally allowed to work in the United States, using their illegally obtained wages as a measure for wage loss compensation is improper.
The Rodriguez court held that the appropriate measure for calculating an undocumented worker’s wage loss would be to use the amount the person could reasonably expect to earn in his or her country of origin. Frequently, this results in a much smaller recovery than if the worker were allowed to collect based on his or her earnings in the United States. Therefore, if you are an undocumented immigrant who has been injured through no fault of your own, it is important to hire a personal injury attorney who can work to get you the most money for your injuries.
Can I Be Deported For Making A Personal Injury Claim?
Undocumented immigrants and others with an uncertain immigration status often hesitate to make a personal injury claim because they fear deportation if a claim is made.
Currently, deportation is not the automatic result of filing a personal injury claim. In fact, lawyers are not permitted to threaten deportation as a consequence of pursuing a personal injury claim.
Personal injury claims are designed to compensate injury victims regardless of immigration status. The courts treat all injured parties the same when it comes to receiving compensation for:
- Medical bills
- Rehabilitation bills
- Home health care
- Medically necessary equipment
- Pain and suffering
If You Have Been Injured and Are Worried About Your Immigration Status
If you have been injured and are undocumented or have an uncertain immigration status, contact the personal injury lawyers at Nadrich & Cohen, LLP. Our team of personal injury attorneys and experts can assist you in recovering the compensation you deserve. We have experience handing personal injury cases for people with a wide range of immigration statuses and backgrounds.
One of our injury lawyers will provide you with a free and confidential consultation, where we can discuss the facts and circumstances of your personal injury claim, and how your immigration status may, or may not, affect your claim.
We will not share your information with any third-parties.
The call is free and completely confidential.
Contact us today for a free and confidential consultation to learn more about your legal right to compensation. We will evaluate your claim and advise you of any right to compensation for your injuries.