Can Undocumented Immigrants File Personal Injury Lawsuits?
For many individuals and families in South Florida, immigration status is a concern. There has been a lot of controversy surrounding illegal immigrants lately with deportations on the rise, and many policy debates limiting the number of immigrants entering the country. If you are applying for residency, seeking asylum, or still undocumented, you may be concerned about coming to the attention of US Citizenship and Immigrations Services (USCIS). This is why it is important for you to understand your legal rights to compensation if you are injured through the fault or negligence of another.
Natural citizens, permanent residents, and undocumented aliens living in the US have the right to pursue compensation for injuries they suffer that are caused by others. The US Supreme Court has said that “once and alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all “persons” within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.
How Do I Pursue an Injury Claim as an Undocumented Immigrant?
Whether you are a US Citizen or undocumented, the entire process of filing a personal injury claim is the same, whether it be an auto accident, slip and fall, negligent security, etc. It is important to seek medical attention for your injuries as soon as possible and consult with an experienced attorney. If you do not have health insurance and are concerned of medical expenses, consult with your attorney and they will inform you how to proceed. You have four years from the date of accident to file a personal injury lawsuit, but the sooner you file the better.
Can I Be Deported for Filing a Personal Injury Lawsuit?
NO. You cannot be deported because you filed a lawsuit, reported an accident or sought medical attention. Legally you cannot be deported if you are in the process of seeking medical due to injuries you sustained. As such, it is in your best interest to seek medical attention and request copies of your medical records as soon as possible after an injury. Your attorney will be able to assist you in requesting your medical records.
It is also important to always use your legal name and personal information when filing a lawsuit or injury claim. Failing to do so can prevent you from receiving the compensation you are granted.
The attorneys at Ferrer Law, PA have represented individuals with various injuries like back injuries, bicycle accident, brain injury, burn injury, car accident, catastrophic injury, dog bites, lyft accident, medical malpractice, motorcycle accident, neck injury, negligence, negligent security, nursing home abuse, pedestrian accident, personal injury, premises liability, products liability, serious injuries, slip and fall, train accident, trip and fall, trucking accident, uber accident, and wrongful death throughout Miami-Dade, Broward, and the rest of the state of Florida. If you or a loved one has been hurt due to an auto accident, call the Ferrer Law, PA, at 305-807-7518
for a free consultation.