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Immigration has become a normal part of life, and no matter where in the world one lives, it is likely to affect them somehow. In the United States, in particular, the stable economic and socio-political environment makes this country a favorite destination for many of the world's immigrants.
However, not everyone who makes it to the US does so legally or returns to their country when their visa expires. As a result, every state in the country, including Missouri, has had to deal with the rising number of undocumented immigrants.
The situation is already a complicated one, as officials try to find solutions that do not violate a person's human rights simply because of their immigration status. However, in the meantime, life goes on, and that means accidents will happen to everyone regardless of their legal status.
What is the right thing to do when an undocumented immigrant is involved in a car accident? Are personal injury claims handled the same despite the unfavorable immigration status? These are some of the many questions the personal injury attorneys at Powell Law Firm can answer.
This article will provide all the necessary information for undocumented immigrants who wish to file a personal injury claim. Whether it’s something as simple as property damage or as serious as wanting to file wrongful death lawsuits, immigration law may not be what most people think it is.
Knowing One’s Immigration Status
When one is living as a foreign national, it is very important to know one's immigration status. Not only is that the law, but it is also very important when trying to gain access to basic social services.
A social security number is a key to accessing the benefits of living in the United States. However, even without one, a visa can help get important things, such as employment, education, healthcare, and a place to live.
One of the most important distinctions a foreign national has to understand is the difference between an immigrant and a non-immigrant.
Immigrants
Anyone who is born outside the United States but now chooses to reside within the country permanently is an immigrant. With time, an immigrant can eventually become a US citizen, with a passport and all the accompanying benefits, such as the right to vote.
Non-Immigrants
While non-immigrants are also foreign nationals born outside the US, their presence in the country, though 100% legal, has conditions attached to it. Their legal status can only be maintained if they follow their visa requirements, such as working, attending school, or seeing the country as a tourist.
Upon completion of their task, or expiration of their visa, they will be required to return to their home country. Staying any longer will mean they are now living in the country illegally and can be classified as undocumented immigrants. Their legal status is also dependent on the fact that they do not commit any crimes for the entire duration of their stay in the country.
Undocumented Immigrants Are Protected by the Courts When Filing Claims
One of the very unfortunate misconceptions shared by the majority of undocumented immigrants is that they do not have the basic rights afforded to ordinary US citizens. However, that is far from true!
The 14th amendment to the Constitution of the United States gives anyone residing in the US the same basic rights regardless of immigration status. This includes the right to sue when they have been injured by another party.
Filing a personal injury claim is the same for a citizen as it is for a foreign national who is in the country illegally. Many undocumented immigrants do not realize the level of protection offered by the US justice system to illegal residents.
The only thing that may stand in the way of undocumented immigrants recovering damages may be the language barrier and a failure by the plaintiff to understand their rights. This is why they need to have legal representation to assist with their personal injury claims. Here's also information on filing a car accident claim as a passenger.
Filing an Injury Claim Does Not Increase the Chances of Getting Deported
The fear that many undocumented immigrants share when it comes to stepping forward to file a personal injury claim is that they will be revealed as illegal residents and be deported from the country.
This is why, after some car accidents, the victims fled the scene, sometimes without even seeking medical treatment, let alone sticking around to seek compensation.
However, personal injury lawyers, such as those at Powell Law Firm, are here to fight for the rights of undocumented immigrants. When dealing with compensation for injuries sustained in a car accident, one's immigration status should not be a factor.
Victims should remember that the at-fault party and their insurance company have no right to deny financial compensation to undocumented immigrants, or try to have them deported to avoid paying damages.
The issue of a personal injury claim and one's immigration status are two separate cases in the eyes of the law, meaning deportation is not up for discussion in a court case dealing with a car accident.
Who Can Receive Compensation for Injuries Sustained in a Car Accident?
Their process for filing personal injury claims is the same for undocumented immigrants as it is for everyone else, meaning they too can recover damages from a car accident.
In the aftermath of a motor vehicle accident, an undocumented immigrant has the right to take legal action in the pursuit of financial compensation. With the help of a competent attorney, they can walk away with damages covering the following:
Medical bills for hospital visits, surgery, medical treatment, rehabilitation, and any other necessary procedures due to injuries from the car accident
Lost wages due to inability to work
The pain and suffering the car accident caused
Property damage
Compensation for permanent disability
Wrongful death of a loved one
How an Undocumented Immigrant Should Handle Car Accidents
When undocumented immigrants find themselves the victims of a car accident, they should focus on their rights to receive fair compensation, rather than their immigration status.
Many undocumented immigrants have had their rights routinely violated by insurance companies representing the at-fault party after car accidents. However, this practice is both unlawful and unethical.
Undocumented immigrants should handle their personal injury cases without any fear of being victimized, knowing that the law is on the side of the injured party and that they are well within their rights to take legal action.
Steps To Take When an Accident Happens
A personal injury case is all about the ability of the injured party to prove negligence and therefore seek compensation for medical expenses from the other driver. This means going up against the at-fault party and their own insurance company.
In such cases, the steps the victim takes from the moment the car accident happens are very important in determining whether they end up winning the case or not. The following steps are very important:
Do Not Flee the Scene
Whether one is a legal resident or not, the law is quite clear on the fact that fleeing the scene of an accident is not allowed. Even if one is worried about being asked to pay for the property damage, one should still stay. These days, many drivers have uninsured motorist coverage to use in these exact types of situations.
Yes, the fear of deportation or victimization based on one's immigration status is understandable. However, as outlined before, with the right auto accident lawyer in St Louis fighting for them, undocumented immigrants have nothing to fear from the other driver or their insurance company.
Seek Medical Treatment
Proper medical treatment is one of the basic rights that anyone residing in the United States has. The safety of the victims should always be a top priority before even considering taking legal action.
Going to the hospital also has the advantage that the victim will be able to get a doctor's report, which will outline the nature of their injuries and the cost of the treatment, both invaluable tools when seeking compensation.
Obtain a Police Report
One of the most important pieces of evidence that will have a lot of weight during court proceedings is the accident report provided by the officer attending the scene. This is yet another reason why the victims need to be present at the scene when law enforcement officials arrive.
In support of the accident report, victims can try to obtain witness statements and take pictures of the accident to use as evidence in support of their personal injury claim.
Make No Reference to Immigration Status
At no point should the victims mention that they are undocumented immigrants because this has no bearing on the issue at hand. If the other driver tries to use this as a way to scare the victims, then this should be used against them in the personal injury lawsuit.
Contact a Good Car Accident Attorney
Getting legal help is an absolute must in such situations. There are simply too many factors that need to be considered and handled properly for an undocumented immigrant with limited knowledge of the US justice system to hope to understand on their own.
As soon as the doctor allows them to leave the hospital, the first thing the victims must do is call Powell Law Firm and schedule a free consultation.
Powell Law Firm Offers Legal Support To Undocumented Immigrants
Legal help is available to all undocumented immigrants who request it. At Powell Law Firm, dealing with the complexities of a car accident intermixed with immigration services issues is their bread and butter. Car accident victims with undocumented status have more legal options than they realize. The following are some of the services the Powell Law Firm offers:
Attorney-Client Confidentiality
When living as a foreign national without proper documentation the fear of deportation is ever-present. However, Powell Law Firm guarantees that from the moment they have their first free consultation, all discussions will remain confidential.
Complete Legal Representation
From filing all the necessary court documents to handling all court proceedings, the experienced attorneys at Powell Law Firm will handle everything in the best interest of their clients.
Fair Compensation
These super lawyers will not stop fighting until the insurance company of the at-fault driver agrees to provide compensation for wages lost, medical bills, property damage, and all other damages as detailed by the courts.
Powell Law Firm Is Just One Call Away
Is the fear of not having proper immigration papers preventing victims from exercising their legal right to sue for injuries caused during a car accident? Powell Law Firm has years of experience helping the residents of Missouri to take legal action regardless of their immigration status. Victims should visit our Saint Louis offices and ask for a free consultation.
FAQs
Can an Illegal Immigrant Drive in the US?
Yes, illegal immigrants can get a driver's license in the US in some states provided that the applicants meet certain requirements, such as providing state tax returns or a valid national passport.
However, the majority of states in the US do not allow undocumented immigrants to drive. Some of these states have started issuing restricted driver's licenses to undocumented immigrants as a way to provide driving privileges to the large numbers of immigrants within their jurisdictions.
Does a Car Accident Affect Immigration?
No, car accidents do not have any effect on a person's immigration status because the law does not look at these two circumstances as being connected. An undocumented immigrant has the same rights as a citizen to file wrongful death lawsuits or other types of personal injury claims in the event of a car accident caused by other drivers.
However, most insurance companies try to take advantage of the fact that many undocumented immigrants are not aware of their rights to fair compensation regardless of their immigration status. This practice is why it is important for victims to always have legal representation from experienced personal injury attorneys.
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