Can I sue for my injuries if I am an undocumented immigrant?

Can I sue for my injuries if I am an undocumented immigrant?

On Behalf of | Nov 4, 2021 | Personal Injury

Many undocumented immigrants fail to file a personal injury claim because they believe that they will face deportation if they do this. Not only is this belief false, but it also affects immigrants because they end up paying for another’s mistakes when they shouldn’t have to. If you are an undocumented immigrant, you must know that the U.S. Constitution allows you to file a suit if someone else caused your injuries. You have this right regardless of your immigration status, and you can fight for it in court.

Your right to sue

The 14th Amendment in the U.S. Constitution grants equal protection of the law to all the people in the country, even to non-citizens. This means that you can file a legal claim to get compensation for your injuries, just like every other citizen in the country. You cannot be punished or deported because of that.

If you entered the country without legal authorization, the possibility of deportation always exists. However, the authorities won’t deport you just because you file a legal claim against someone. You have the right to ask for compensation without suffering any negative consequences for it.

Filing a claim

Your immigration status does not affect your right to sue someone if they did something irresponsible and their irresponsibility hurt you. Under the law, you have the right to get compensation for your lost wages, medical expenses and pain and suffering if another caused your injuries. If it was a car accident, the driver at fault would also have to pay for your car’s repairs.

You can get the same amount of compensation that a legal citizen would. However, you must know that you must file the claim no later than 3 years after the accident. If you don’t file the legal claim within this time, you won’t receive compensation. You must also prove that the other person was negligent somehow and that their negligence resulted in your injuries.

Fighting back

You don’t deserve to pay for another’s mistake. Remember that the U.S. Constitution allows you to file a personal injury claim regardless of your immigration status. Also, keep in mind that the authorities won’t deport you for exercising your rights. You deserve to get compensation for your losses, and you can fight for it in court without risking your stay in the United States.