CAN UNDOCUMENTED IMMIGRANTS SUE FOR PERSONAL INJURY?

Greenberg & Stein On Dec 18, 2020

New York City is home to approximately 504,000 undocumented immigrants from around the world.

Many of these individuals are not aware of the rights that American laws provide. This includes the right to seek compensation for injuries. This has lead to some victims suffering through their injuries without compensation to help recover from their injuries.

IMMIGRATION STATUS, ACCIDENTS OR INJURIES, AND YOUR RIGHTS

New York courts have consistently ruled that all persons, including immigrants ( legal or illegal), have the right to sue and recover money damages in all United States Courts.This was established in the state of New York during the 2006 case Stanislaw Majlinger v. Casino Contracting Corp.

PROVING NEGLIGENCE

Being able to prove the four elements of negligence is paramount to just about every personal injury claim, regardless of immigration status. The four elements include the following:

  • Duty
  • Breach of Duty
  • Causation
  • Harm/Damages

Proving negligence is unique within every personal injury case, which is why hiring an experienced personal injury team is so crucial to your chances of success in obtaining the maximum amount of compensation.

RECOVERING DAMAGES

Personal injury claimants, whether legal citizens or undocumented immigrants have the right to request compensation for all the damages associated with their accident. Some of the common types of recoverable damages include:

  • Lost wages
  • Hospital bills
  • Rehabilitation and medication expenses Pain and suffering
  • Loss of quality of life
  • Scarring and disfigurement And more…

It’s important to know that your citizenship status and overall authorization to work within the United States does not prevent you from obtaining these crucial compensatory damages after sustaining an injury that was caused by another party’s negligence.

YOU HAVE RIGHTS. WE’LL HELP YOUR PROTECT THEM.

GREENBERG & STEIN, P.C. is dedicated to supporting undocumented immigrants and their right to seek compensation to cover the damages from an accident. While it is understandable that many undocumented people are afraid to engage in the court system, they don’t have to be. Contact us for a consultation so we can review your accident situation and help you determine your best course for legal action.

Visit us at greenbergandstein.com

Call us at 212-618-2535

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