Serious injuries can happen to anyone, at any time, regardless of their immigration status. When these injuries happen, victims need to know about any potential barriers to their recovery and if being undocumented could compromise a lawsuit.
Undocumented immigrants have the same right to file personal injury claims as anyone else in the United States, including American citizens. Filing a lawsuit is not a deportable offense, and civil courts generally don’t report undocumented plaintiffs to immigration enforcement. Defendants sometimes threaten to use a plaintiff’s immigration status against them, but it should not affect their case or recovery.
For a free case review from our New Jersey personal injury lawyers, you can call Agrapidis & Maroules, P.C. now at (201) 777-1111.
Do Undocumented Immigrants Have the Right to File Personal Injury Claims?
Personal injuries can be exceptionally expensive because of the medical treatments, lost wages, and non-economic damages victims incur. Your immigration status has nothing to do with your injuries and damages, and should not stop you from pursuing compensation from the party that injured you.
Anyone who suffers a personal injury due to negligence may be able to file a personal injury lawsuit in New Jersey, including undocumented immigrants. Access to the courts is not an exclusive right for American citizens and is afforded to anyone within the United States’ borders, documented or undocumented.
Don’t listen to a negligent party who claims that your immigration status blocks you from getting compensation.
What Types of Personal Injury Claims Can Undocumented Immigrants File?
Undocumented immigrants can file personal injury claims for car accidents, slip and falls, and other negligence-based injuries.
Car Accidents
Undocumented immigrants may get and maintain driver’s licenses in New Jersey, as well as personal injury protection (PIP) insurance. Like any other driver injured in an accident, undocumented immigrants may only bring lawsuits for non-economic damages if they suffer injuries that pass the serious injury threshold. The following are examples of serious injuries that pass the threshold:
- Death
- Dismemberment
- Significant disfigurement or scarring
- Displaced fractures
- Loss of a fetus
- Permanent injuries other than disfigurement or scarring
Slip and Falls
Slip and falls are another leading cause of injury. Do not let a negligent party intimidate you or convince you that your immigration status stops you from holding them liable for negligent property maintenance and hazardous conditions, as it does not.
Other Accidents Due to Negligence
Undocumented immigrants can also sue for other injuries due to negligence, as well as fatal injuries. If you are unsure whether or not someone else was negligent and is at fault, our Linden, NJ personal injury lawyers can confirm if you have a case.
Can Undocumented Immigrants Be Deported for Filing Personal Injury Claims in New Jersey?
Many undocumented immigrants have understandable concerns about deportation before filing lawsuits, and our attorneys can address any fears you have that might be stopping you from seeking compensation from a liable party.
Filing a personal injury claim as an undocumented immigrant is not a deportable offense in and of itself. Immigration enforcement typically is not notified when an undocumented immigrant files an injury lawsuit, as civil courts are generally unconcerned with the immigration status of the plaintiff.
While you cannot be deported simply for filing a personal injury claim, you could face the risk of deportation if the defendant reports you to an immigration enforcement agency at any point.
Personal Injury FAQs for Undocumented Immigrants Who Need to File Lawsuits
Do Civil Courts Report Undocumented Immigrants Who File Injury Claims?
Generally speaking, civil courts don’t report undocumented immigrants who file personal injury claims to immigration enforcement agencies. Civil courts are entirely separate from immigration courts and focus on holding negligent parties liable for injuries rather than on enforcing immigration laws.
Can Your Immigration Status Be Used Against You in a Personal Injury Case?
In general, your immigration status cannot be used against you if you file a personal injury case. If your case goes to court, the judge might prohibit the defense from even discussing your immigration status in front of the jury at our request.
Can Undocumented Immigrants File Personal Injury Lawsuits in New Jersey if They Share Fault for Injuries?
Undocumented immigrants may still maintain the right to sue for personal injuries they share fault for, as long as they are not more at fault than the defendant. Undocumented immigrants can share fault equally with defendants and still recover 50% of their damages.
Are Your Personal Injury Damages Limited as an Undocumented Immigrant?
Undocumented immigrants have access to all of the same compensatory damages as American citizens. Immigration status does not reduce the value of your claim or limit your recovery of economic or non-economic damages. Undocumented immigrants may also get punitive damages if they are victims of actual malice or a wanton and willful disregard for their safety.
Why Do You Need a Personal Injury Lawyer as an Undocumented Immigrant?
If you are an undocumented immigrant and recently suffered injuries due to negligence, you need an experienced attorney to confirm your right to sue, help you navigate the civil court system in the United States, and advocate for your fair recovery.
Can a Defendant Report a Personal Injury Plaintiff Who is Undocumented?
Defendants sometimes report plaintiffs who are undocumented to immigration enforcement agencies. This can be viewed as retaliatory and a form of witness intimidation, and might make the defendant vulnerable to additional claims.
Can Undocumented Immigrants Be Deported if They File Personal Injury Claims?
While you can’t be deported simply for pursuing compensation as an undocumented immigrant, you could face possible deportation if immigration enforcement learns of your status and there is a valid reason for your deportation.
Get Compensation for Personal Injuries with Our Help
Get your free case assessment from our Newark, NJ personal injury lawyers, by calling Agrapidis & Maroules, P.C. at (201) 777-1111.