There are plenty of undocumented immigrants who perform crucial jobs in Florida. Most of these jobs are pretty unsafe. This type of occupation often puts them at a likely risk of injury due to accident or negligence. Immigrants do not seek compensation many times. This is mainly because they do not want to expose their legal status. Thus, many undocumented workers simply assume they cannot file a personal injury lawsuit.
Are you working as an Undocumented Immigrant?
There are certain states have no prerequisite to possess work permits or immigration papers to work for the company. In case the state shares a border with another country, it is possible to hire a foreign national. In this case, the worker remains in that other country. Working with the company or for the business might extend the right to sue for injuries in an accident. If there is no workers’ compensation package or no insurance to cover the damages, a lawsuit is important to guarantee compensation transfers to this person.
Do undocumented immigrants have the right to sue?
In most states, the right to sue is not dependent on citizenship. As per the 14th Amendment to the U.S. Constitution, no state may “deny to any person within its jurisdiction the equal protection of the laws.” This pretty much includes people who may be living and working in the country with no concrete documentation.
If you are an undocumented immigrant injured in a car or truck accident caused by another party’s negligence, you have the same right as any U.S. citizen to seek damages through a personal injury claim. Thus, your status of immigration should not affect your act of filing a civil lawsuit. There are some courts that have ruled that a person can still recover damages for lost wages and earning capacity even if they are not legally authorized to work in the United States.
There are certain states where the right to sue another person or party is not a reserved right to United States citizens. Thus, if you are working or living in the American states, you have the right to sue another person, company or entity for injury or damages caused. It remains the same even if you are living or working in the U.S. without any proper documentation in the country.
Can your legal status deter you?
There are numerous undocumented immigrants who worry that going for filing a lawsuit after a car accident, might give way to the discovery of their illegal status. Certain times, immigration status might even become an issue. So, you need to be clear about certain facts, before you go ahead to file a claim.
Under normal circumstances, a personal injury plaintiff cannot truly be threatened based on immigration status. A lawyer cannot do so. An insurance company cannot refuse to settle a personal injury claim based on a person’s immigration status. In case you are in an accident and lie on an official report or document, this could be used against you in court. So, be truthful!
Being an undocumented immigrant, you can pretty much sue the other party when injured in an accident. It goes without saying! For you, the laws are the same. These laws intend to protect the injured person from suffering harm due to an accident.
Injuries caused at work
The common injuries in these cases include heavy equipment, sharp or blunt tools and substances or chemicals that could damage the body. In fact, the injury in these cases is highly serious. The foreign national might get his body devastated. It might cause him a prolonged health condition as well. Based on the actions of the employer, these workers may suffer some more problems if no proper healthcare is provided. If no medical assistance is taken, most of the injuries are likely to damage the individual. Thus, nothing should deter these employees to speak up before the law. The best way to go about it is to hire an experienced and specialized personal injury attorney.
No matter wherever the incident occurred, whether on the road or at work, this person has the right to sue. He is entitled to pursue a negligence claim through the United States Constitution. This type of personal injury claim offers multiple possible damages owed to the injured party.
Keep in mind that filing the lawsuit does not immediately affect immigration status. Also, the lawyer may help protect the client from these consequences.
How to prove negligence?
In case the immigrant person suffering injury through an accident has a negligence claim, he is still required to the four elements of negligence. A duty of care is to be owed. An accident of such nature implies a breach of this duty. It is then that the incident causes some form of injury.
It is not easy to prove causation. However, an injury through the event can connect the cause of the damage to the driver’s negligent actions. The plaintiff might prove that the other driver was distracted.
How to recover damages from Injury?
In usual, the accident will ensure the possibility of compensation in many ways. Even if you are an undocumented immigrant, you are entitled to recover income, medical expenses and other damages are possible for any person.
However, certain courts affirm this through cases that provide compensation to the illegal immigrant. Usually, the earning capacity and legal authorization to work in the United States does not exclude these employees. Even subcontractors who hire illegal immigrants can recover damages.
Why is it important for undocumented immigrants to hire a lawyer?
Having proper legal support helps them to pursue a case for compensation after suffering injuries in an accident either at work or on the road. The foreign national often requires the legal support to get through the process. In case the immigrant does not speak English, he has no other option but to get legal support. Same goes for immigrants who have no basic concept of legal methods or court proceedings.