Picture this: you get into a car accident. You report it. The report backs up your claim. Through a personal injury claim, you can gain money to repair the injuries you suffered during the accident. While this process seems relatively straightforward, immigrants often face hesitation when reporting incidents. Pursuing a claim can feel like drawing unnecessary attention to yourself as an immigrant, even as a documented immigrant. However, as a personal injury lawyer can share, injury claims often run independently of immigration claims.

Common Fears For Immigrants

An immigrant may be hesitant to report an injury accident for fear of deportation or detention. Again, this can be a common fear regardless of status. Additionally, immigrants may be concerned that being involved in something like a car accident will trigger court proceedings about their immigrant status. Finally, cultural and language barriers can cause further confusion around the laws in this area. However, our friends at Cohen & Cohen are here to clear this up.

Legal Protection For Immigrants

Laws vary from place to place. In general, immigration status does not prevent someone from filing a personal injury claim. However, it cannot be stressed enough that this varies from jurisdiction to jurisdiction. It is best to contact a lawyer in your area for more information to see if this holds for where you live. Most courts have actually upheld principles stating that even undocumented immigrants can sue for damages in personal injury cases. In fact, many courts have imposed strict rules that prevent a person’s immigration status from being part of an injury case to protect immigrants.

It is also important to note that civil courts and immigration enforcement are separate systems. Personal injury cases fall under civil courts. Additionally, many personal injury cases are settled privately with the help of an attorney to negotiate on your behalf with insurance companies. These types of cases (as in settlement cases) never even make it to court. While other cases that are not settled prior to legal proceedings do go to court, immigration status is rarely a cornerstone of the case.

Additionally, if you are an undocumented immigrant and are a victim of criminal conduct within your case, such as being hit intentionally by a vehicle, various visas and even acts protect your rights. However, these are dependent upon the type and severity of your case.

Consequences Of Not Reporting

If you do not report an injury accident, you may find yourself suffering complications from untreated injuries. Sometimes, a person walks away with minimal scratches and decides not to report their injury or seek medical attention. When this is done, it is very easy for severe medical conditions to not manifest themselves until much later, when they are harder to manage. As those medical bills begin to mount, it is easy to find yourself drowning in a sea of debt. A personal injury case can help overcome that by covering medical expenses, lost wages, and even pain and suffering you have experienced. Finally, if you delay reporting your case and decide to do so later, you will find it harder to prove. In fact, insurance companies will try to claim that the pains you experience later happened after the accident since you waited to report them.

If you are injured in an accident, contact an attorney. Discuss with them the specifics of your case, and see if immigration status will play a role. A knowledgeable attorney near you will be able to help.