Jameel Manji, founder of Manji Law is a relentless advocate for his clients in Atlanta GA. What does this mean for you? You have a powerful asset in your corner with loads of experience when fighting for your rights against the U.S. government.
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, citizens, and non-citizens in the U.S. can be compensated for injuries sustained in an accident due to someone else’s negligence.
Does an Individual’s Immigration Status Affect Their Right to Pursue Damages?
An estimated 10 million illegal aliens live in the United States. Although entering the country without the proper documentation is unlawful, once they arrive in the U.S., the undocumented individual can lawfully access the courts to seek redress for injuries or harm.
Immigration status cannot be used to deny an injury claim. An injured party may file a lawsuit against the negligent party, entitled to the same rights as a U.S. citizen.
However, the damages an undocumented immigrant can receive will be determined at trial. To determine the appropriate amount, the court considers various factors such as economic damages, medical expenses, pain, and suffering.
How Can an Undocumented Immigrant Pursue a Personal Injury Claim?
If you are an undocumented immigrant, you must retain a personal injury lawyer experienced in handling cases involving individuals without proper documentation.
Your lawyer will be able to advise you on how best to proceed with your case and provide you with the legal representation necessary for a successful outcome. Additionally, an experienced lawyer can appropriately and effectively negotiate with the insurance companies to maximize your potential recovery.
At Manji Law P.C., our personal injury attorneys have years of experience handling personal injury cases for individuals without proper documentation. We understand the complexities of these cases and will fight to ensure you receive the compensation you are entitled to.
Contact us today for a consultation.
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:
Other medical expenses for future medical care
Compensation for pain and suffering.
Other forms of compensation may also be available, depending on the type of 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. 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. Whether 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.
You can file a personal injury lawsuit if you feel the insurance company isn’t offering you fair compensation. However, hiring a qualified personal injury lawyer with experience with immigration law is the best way to protect your rights and fight for proper compensation.
At Manji Law P.C., we can help you build a strong case and fight for the maximum compensation available, regardless of your immigration status. Contact us today to learn more about how we can help you.
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 during 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. In other words, the immigration status of the plaintiff is not relevant to determining whether or not they are entitled to compensation.
If you have been injured at work due to the negligence of your employer or a coworker, you may be entitled to receive compensation. You must contact an experienced attorney to discuss your case and determine the best action.
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 they have 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 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 U.S. 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 with the at-fault driver’s insurance company and negotiate a settlement without going to court.
By hiring experienced personal injury attorneys, individuals 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.
At Manji Law P.C., we are committed to helping undocumented immigrants injured in an accident due to someone else’s negligence. We understand that filing a claim can be difficult and intimidating. Still, we will fight for your rights and strive to ensure you receive the maximum compensation.
Contact Manji Law P.C. For More Information
We at Manji Law believe that every injured party involved in an accident deserves to be treated fairly, regardless of 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 as you fight for your rights.