- posted: Aug. 10, 2023
- Personal Injury
Hesitation when filing a lawsuit relating to a personal injury matter is common. Being an undocumented immigrant with the fear of being reported to ICE, filing a personal injury lawsuit may not typically come to mind. However, no matter what the immigration status of an induvial is, all human beings are protected under New York State Law. Therefore, undocumented immigrants can also be entitled to seek compensation for injuries they received due to another person’s negligence.
Only when a crime is committed is when ICE will be notified. When a lawsuit is being commenced for a personal injury action, the New York Court of Appeals held that the Immigration Reform and Control Act of 1986 will not control New York Laws.
Regardless of your immigration status, all individuals in New York State are protected and may be eligible to receive workers’ compensation. The New York Court of Appeals has ruled that state labor laws apply to all employees both documented and undocumented. New York State Law is entitled to reimburse an individual for medical expenses, disability costs, and loss wages through the New York compensation program. This initiative provides insurance for all workers.
An undocumented individual who suffers an injury due to another person’s negligence may be able to seek compensation for their medical expenses, disability costs, and loss wages. Public policy in the state of New York supports the reporting of illegal activities, including immigration offenses. Immigration laws come second to the ultimate goal of assisting an individual in seeking recovery in a personal injury claim.
It's necessary to consider that undocumented immigrants can face certain challenges when intending to file a personal injury case. They can be hesitant to go to court or concerned that the person or thing that injured them will retaliate. Additionally, they might not have the same utilization of resources or legal counsel as citizens or legal immigrants. The legal system can be traversed with the help of groups and lawyers who focus on defending unauthorized immigrants. If the negligent driver threat deportation, please report this to your attorneys.
It is prudent to call law enforcement when involved in an accident. When calling, an individual does not have to notify law enforcement of their immigration status. This is because New York state police officers are not directed to provide individual immigration status to ICE. Additionally, it is essential that you seek medical attention if an injury has been brought on by someone else's negligence. An undocumented immigrant has no obligation to provide information about their citizenship to healthcare providers when seeking treatment.
In conclusion, unauthorized immigrants in New York may be eligible to receive justice for a personal injury claim. Based on immigration status, pursuing a personal injury claim is not discriminatory based on citizenship status. Everyone has the right to seek compensation if they are injured as a result of another individual’s negligence. Meaning, undocumented immigrants also should be allowed to seek compensation when pursuing a personal injury law action. It is important that you seek legal advice from an experienced attorney to guarantee your rights are being fought for.
If you have been involved in an accident, we can help you navigate the legal process and maximize your compensation. Our experienced personal injury lawyers will investigate the accident, gather evidence, and negotiate with the other party's insurance company to reach a fair settlement. If a settlement cannot be reached, we will file a lawsuit on your behalf to seek the compensation you deserve.
Contact the Licatesi Law Group today for a free consultation and let us help you get the justice you deserve.