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Can Illegal Immigrants File Personal Injury Claims?

Can Illegal Immigrants File Personal Injury Claims?

Is it true that if an illegal immigrant is in a car accident, a bicycle accident, or if they are injured by medical malpractice, or if they are injured on someone else’s property, that they cannot sue for personal injury? No, that is not true.

If you are in the United States illegally, meaning you do not have a valid Green Card, you do not have a valid visa, nor are you a US citizen, it does not mean that you are not entitled to equal protection under US law. As a matter of fact, if you are injured in an accident because of another’s negligence, you have the same rights as a US citizen to sue for personal injury.

Can the Insurance Company Report Me?

In our experience as a personal injury firm, we have observed how many illegal immigrants will be afraid to file a car accident claim, a wrongful death claim on behalf of their loved one, or another personal injury claim because they’re afraid that the insurance company or the other side’s attorney will threaten to call the immigration authorities if they sue. Such behavior would be considered unethical in the legal profession.

As reported in The Florida Times-Union: “All immigrants, regardless of their legal status within the country, are entitled to equal access to the courts and the right to petition before the courts if their rights have been violated or are being threatened in any way. U.S. federal and state law does not grant the right to sue or the right to defend oneself in court based on citizenship status,” Sarah Paoletti, a practice professor of law at the University of Pennsylvania.

Next: 4 Reasons a Car Accident is Denied

If you are an illegal immigrant who was injured in a car accident, a slip and fall accident, or in another accident that was someone else’s fault, please don’t let your immigration status stop you from pursuing the compensation you are entitled to under US law. To learn more about filing a personal injury claim in Columbia, SC, contact our office today.


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