Can Undocumented Immigrants Injured in Accidents Sue?

Many undocumented immigrants in the United States perform different jobs. Accidents can happen at the workplace or even while you are traveling. While it’s unknown to most immigrants, it’s possible for someone responsible for an accident that caused your injuries even if you are an undocumented foreign national. If you are living in the United States, the law is still in place to provide for and protect anyone suffering harm from any form of accident.

The right to sue

According to Farhan Naqvi, the right to sue another party isn’t a served right to the U.S citizens. The 14th Amendment of the constitution indicates that no one should deny other people the equal protection of the laws of the United States. This allows anyone living or working in the country to sue another company, person, or entity for damages or injuries. Even if the person or worker doesn’t have the right documents, they have the right to sue if someone is responsible for the accident that resulted in their injuries.

Injured at work

Most undocumented immigrants that work for various businesses in the United States might be exposed to severe dangers including blunt or sharp tools, heavy equipment, and chemicals or other substances that could harm their bodies. If you are a foreign national, the injuries you may suffer while working could devastate your body and probably lead to life-threatening or changing harm.

Depending on the decisions and the actions of your employer, you can suffer extra problems due to lack of standard healthcare. Unless you get high-quality medical care, the chances are that minor or major injuries will permanently change your life. Most undocumented immigrants fear deportation, a reason they keep away from the police or seeking any form of legal support.

Whether the accident occurred at work, on the road, or any other location, you have the right to sue and fearlessly pursue a negligence claim. The personal injury claim offers possible damages owed to the person who suffered injuries during the accident. Even if pursuing your injury claim does not affect your immigration status immediately, an experienced attorney can protect you from such consequences.

Proving negligence

Even if you have a negligence claim, you must prove the four important elements of negligence. This requires that the defendant owed a duty of care to other drivers and breach of this duty occurs through the vehicle crash. The incident causes a form of injury or damages. While proving causation is challenging, an injury caused by accident can easily connect the cause of the action to the defendant’s negligent acts.

Note that some states have no set prerequisites to possess immigration papers or work permit to work for some companies. Indeed, if the state shares its border with another country, it’s possible to hire someone from another country and the employee remains in the U.S. Working for the business or with the company could also extend your right to sue for damages if an accident occurs.

Remember, lawsuits involving undocumented immigrants are complicated, and it’s advisable to seek legal assistance from an experienced attorney.

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