When people are hurt in accidents, they often have significant costs and expenses to contend with, along with painful injuries. For some, the next logical step is hiring a lawyer to help them get compensation. For injured undocumented immigrants, getting legal help is more complex, and more might be at stake than just financial compensation.
Many undocumented immigrants share the belief that they cannot hire lawyers, because they will end up getting deported. This is not true for multiple reasons. First, you may hire a lawyer regardless of your immigration status. If you are denied legal representation solely because of your undocumented status, you may be the victim of discrimination. Second, your attorney is bound by the attorney-client privilege and cannot reveal private details about your life, such as your immigration status, without your approval. Since your immigration status probably will not come up in an injury lawsuit, you should be able to hire a lawyer without risking deportation.
Get a private review of your case for free from our Westchester, NY personal injury lawyers by calling (914) 685-6950 and speaking to our team at The Martello Law Firm, PLLC.
Can I Hire a Lawyer if I am an Undocumented Immigrant in NY?
If you are in some legal trouble, you can and should hire a lawyer even if you are an undocumented immigrant. While there are certain rights and privileges that are not extended to people who are undocumented, they cannot be denied legal representation or the chance to take their claims to court based only on their immigration status. To do so would be unlawful discrimination.
This might be surprising to some, but most provisions of the United States Constitution apply to undocumented immigrants. Constitutional rights and protections extend to anyone within the jurisdiction of the United States. For example, an undocumented person has the right to free speech, religion, and equal protection under the law. Being a citizen is not a requirement to hire legal representation or take legal action if you have been wronged.
Another common concern among undocumented people is that if they file a lawsuit or take some other form of legal action, the authorities will be alerted to their immigration status and deport them. As a result of this fear, many injured immigrants who are undocumented avoid going to the hospital, talking to lawyers, or seeking help from the authorities when someone else has hurt them. If you are injured and undocumented, our Yonkers, NY personal injury lawyers will keep your information private.
How a Lawyer Can Help Injured Undocumented Immigrants in NY
Undocumented immigrants may be injured in accidents just like anyone else. When this happens, they can hire lawyers to help them file their claims, prove liability, and get fair financial compensation to cover their expenses. Remember, you cannot be denied legal representation just because of your immigration status.
It is not unusual for undocumented immigrants to take work that is not exactly safe. Often, the people hiring for these jobs seek out undocumented workers because they know that these workers are less likely to report unsafe work conditions out of fear. If you are injured at work, our lawyers can help you take legal action against your employer and anyone else who might be responsible for the accident. Do not allow yourself to be exploited by negligent employers. Call an attorney.
Car accidents are another common reason behind accident cases for both citizens and people who are undocumented. The Green Light Law in New York, under V.A.T. Law § 502(1), allows all drivers aged 16 or older to get a standard driver’s license, regardless of their immigration status. On top of that, undocumented people may purchase auto insurance. This means that many undocumented immigrants are legally allowed to drive, and they may be involved in accidents, a risk all drivers face. If you are involved in a car accident, you should be able to hire a lawyer to help you get financial compensation. This might mean you need a lawyer to help you file an insurance claim or a lawsuit.
Can My Attorney Report My Immigration Status to the Government in NY?
In general, your attorney in a personal injury case should not be disclosing your immigration status to anyone, at least not without your approval. Attorneys are legally required to keep almost everything their client tells them in confidence, barring a few special circumstances. Put another way, the attorney-client privilege protects your private information. If you disclose to your attorney that you are undocumented, they cannot report that information to anyone without your consent.
Clients are encouraged to be open and honest with their lawyers. Doing so helps attorneys provide the best possible legal representation. If your immigration status comes up later in legal proceedings, your attorney may be more prepared to assist you if they know it beforehand. For example, the defendant in your lawsuit might try to say that you should not be allowed to sue because you are undocumented. Your attorney can help protect you and argue that immigrants, undocumented or not, may file legal claims like anyone else.
What to Do if You Are Undocumented and Need Legal Help in NY?
If you are currently an undocumented immigrant in New York in need of legal help, call an attorney for help as soon as possible. The longer you wait to take legal action, the harder it might be to prove your claims and get fair compensation for your damages.
Discuss your situation with our team. We can help you determine if you have a valid cause of action for a lawsuit or if a different course of legal action is necessary. Remember, almost anything you discuss with your attorney must remain private, even your immigration status.
Call Our NY Personal Injury Attorneys for Legal Support Today
Get a private review of your case for free from our Mount Vernon, NY personal injury lawyers by calling (914) 685-6950 and speaking to our team at The Martello Law Firm, PLLC.
