Can Illegal Immigrants File Lawsuit for Injuries After a Car Accident?

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Can Undocumented Immigrants File a Personal Injury Suit After a Car Accident?

Sometimes, undocumented immigrants fear being arrested or deported, which may prevent them from filing personal injury claims. However, suffering in silence while the negligent individuals escape responsibility is not the right way to handle this situation.

If you have been injured in a car accident that was not your fault, you may believe you have no right to compensation if you are an undocumented immigrant, but that is not true.

Undocumented immigrants and other citizens and non-citizens in the US have the right to be compensated for injuries sustained in an accident that occurred due to someone else’s negligence.

Does an Individual’s Immigration Status Affect Their Right to Pursue Damages?

An estimated 10 million undocumented immigrants live in the United States. Although entering the country without the proper documentation is illegal, once they arrive in the US, the undocumented individual can lawfully access the courts to seek redress for injuries or harm suffered.

What Damages Can You Recover With a Personal Injury Claim?

If an undocumented immigrant was involved in an accident that was caused by someone else, they could be entitled to recover damages that include:

  • Medical bills
  • Other medical expenses for future medical care
  • Lost wages
  • Property damage
  • Compensation for pain and suffering.

Additionally, other forms of compensation may be available, depending on the type of the accident, injuries sustained, and other circumstances surrounding the claim.

Potential Problems When Filing Personal Injury Claims

Many undocumented immigrants drive without a driver’s license or car insurance. And if they are involved in a car accident that wasn’t their fault, they fear filing a personal injury claim for this reason. Driving without a license, regardless of whether you have one or not is illegal and could result in a fine and jail time.

Drivers without licenses cannot typically obtain insurance. Driving without insurance in Georgia may result in fines and other penalties. Driving without car insurance in Georgia will probably result in fines and other penalties. You risk a misdemeanor charge and jail time.

Although driving without a license or proper car insurance can result in penalties, it does not mean undocumented immigrants cannot sue or file a claim from the responsible party’s insurance company.

Driver’s licenses and car insurance are not required for successful injury lawsuits. No matter if you have a license or not, you can still bring a negligence claim against the other driver if they are more at fault. Insurance companies are not allowed to refuse to pay claims based on immigration status, so you may be able to recover money from an insurance company if your claim is successful.

If you feel the insurance company isn’t offering you fair compensation, you can file a lawsuit. However, hiring a qualified personal injury lawyer who has experience with immigration law is the best way to protect your rights and fight for proper compensation.

Can an Illegal Immigrant Sue for Workplace Injuries in Georgia?

The Georgia Workers’ Compensation Act does not prevent undocumented immigrants from receiving workers’ compensation for workplace injuries. Thus, an alien can sue for injuries sustained in the course of work and possibly receive compensation.

The laws are enforced regardless of the person’s immigration status. A plaintiff’s immigration status is not admissible evidence in a personal injury case.

Does a Motor Vehicle Accident Claim Affect Immigration?

An immigrant can’t be automatically deported because they are filing an accident claim. The United States Citizenship and Immigration Services (USCIS), as well as the Immigration and Customs Enforcement (ICE), are not allowed to deport an immigrant because he or she has filed a personal injury lawsuit.

Immigration authorities typically avoid taking removal actions against individuals who are litigants in personal injury cases while the matter is ongoing. That could amount to an obstruction of justice.

How Can Personal Injury Attorneys Help?

The individual who caused the car accident may try to scare you or talk you out of filing a personal injury claim. They may also try to offer you cash on the spot if you agree not to pursue the claim.

It is also possible for insurance companies to take advantage of individuals without US legal status because many undocumented individuals are afraid to stand up for themselves. But that doesn’t have to be you. Employing the services of a car accident attorney could be beneficial for you.

Not all personal injury claims need to go to court. You can have your immigration attorney in Atlanta file a personal injury claim on your behalf with the at-fault driver’s insurance company and negotiate a settlement without going to court.

By hiring experienced personal injury attorneys, individuals who are afraid of pursuing justice because of their unresolved immigration status can limit their exposure to the legal system. In addition, an attorney knows how the compensation process goes, knows the laws, and may even know all the ploys insurance companies use to deny a claim.

Manji Law: Your Personal Injury Law Firm

We at Manji Law believe that every injured party involved in an accident deserves to be treated fairly, regardless of their immigration status. We can fight for your rights and work towards getting you the financial compensation you deserve.

If you have more questions about your car accident claim or need any immigration help, don’t hesitate to contact us. Jameel Manji, the founding attorney of Manji Law, is a relentless advocate for his clients in Atlanta, GA. He will be a helpful asset in your corner as you fight for your rights.

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Manji Law, P.C. 

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