Filing personal injury claims can be tough for anyone, but they can be especially intimidating for people who are immigrants. Many immigrants find themselves in precarious legal positions, as they do not want to do anything that might affect their ability to remain in the United States. The situation may be even more stressful for immigrants who are undocumented, as they fear bumping against any legal entity might lead to deportation.
People who are immigrants may file personal injury claims just like anyone else, even if they are undocumented. To turn someone away from legal help based on their immigration status would be unlawful discrimination. People who are immigrants file personal injury claims for the same reasons non-immigrants do. Car accidents, work accidents, and other injuries might lead someone to take legal action. When filing a personal injury lawsuit, you typically do not need to provide a Social Security number, which may be great news for immigrants who lack that information.
For a free and private assessment of your case, contact our Westchester, NY personal injury attorneys at The Martello Law Firm, PLLC by calling (914) 685-6950.
Can I File a Personal Injury Claim in NY if I Am an Undocumented Immigrant?
Many people who move to the United States are unsure of what to do if they encounter accidents and become injured. Often, immigrants move to the United States hoping to build a better, more prosperous future, and they might not have the resources to pay for things like emergency medical care or vehicle repairs after a car crash. Even though immigrants might not be U.S. citizens, they can still file personal injury lawsuits.
It is not unusual to see injured immigrants and their families struggle financially after an accident because they do not believe that they are legally allowed to file personal injury lawsuits. This could not be further from the truth. Your immigration status does not define your ability to sue. Also, your immigration status is unlikely to be considered by the court. It might not even come up. You should not have to suffer in silence just because you are not yet a U.S. citizen.
If the defendant attempts to highlight the fact that you are undocumented or bring up something else to do with your immigration status, our Yonkers, NY personal injury lawyers might be able to suppress that information. Personal injury claims often have nothing to do with whether someone is an immigrant. If the defendant tries to raise this issue in court, we can argue that it is irrelevant and might only prejudice the jury against you. If the court agrees, any mention of your immigration status may be prohibited.
Why an Immigrant Might Need to File a Personal Injury Case in NY
Immigrants file personal injury lawsuits for many of the same reasons as anyone else might. A major concern among certain immigrant communities is work injuries. Unfortunately, shady employers exploit many people who move to the United States, and they might end up performing work under dangerous and sometimes illegal conditions. When they are injured, they can sue their employer for creating an unsafe work environment that caused their injuries.
Another common reason for personal injury claims from immigrant plaintiffs is car accidents. Like most people in America, immigrant employees rely on vehicles to get to and from work and school and to run important errands. If another negligent driver causes a crash, you may sue them even if you are not a U.S. citizen.
The problem is that when immigrants are hurt, they often face pushback from the people responsible. Maybe a negligent employer threatens to deport their injured employer, even if they do not have that power. Perhaps the other driver in a car accident flees the scene because they believed the person they hit would not contact the police out of fear of being removed from the United States. If this sounds like a situation you are in now, call our legal team for help.
Do I Need a Social Security Number to File a Personal Injury Lawsuit in NY?
Generally, you do not need a Social Security number to file a lawsuit. As long as the court can verify your identity without a Social Security number, you should be fine without one. There is often no need to provide a Social Security number to anyone other than your attorney. Your attorney can still help you even if you do not have a Social Security number.
While personal injury cases typically do not require a Social Security number, certain other types of lawsuits or legal proceedings might, especially if they involve the Social Security Administration or forms of public assistance. For example, if you file a claim for disability benefits, you likely need a Social Security number. However, this is an entirely different case from personal injuries. Your attorney can review your case and advise you on what personal information is necessary going forward.
Common Reasons Why Immigrants Hesitate to File Personal Injury Cases in NY
While someone who is an immigrant has the same right to file a personal injury case as anyone else, many often hesitate. People who immigrate to the United States often avoid anything that puts them face-to-face with the authorities, especially if they are undocumented or otherwise in the country unlawfully.
Deportation
Perhaps the biggest reason many injured immigrants resist filing personal injury claims is because they are afraid of being deported. While it is true that undocumented people may be subject to deportation, not every legal agency, entity, or institution has the authority to initiate removal proceedings. Courts of law that hear personal injury claims typically do not deal with immigration issues. Even if the court finds out a plaintiff is an undocumented immigrant, they might not do much about it. It is not their job.
Retaliation
Another concern many immigrants have is retaliation. This is especially problematic in work accident cases where immigrant workers sue negligent employers. Many plaintiffs fear their negligent employer will report their presence to the authorities and have them removed from the country, thereby stopping them from taking legal action against the employer. If you believe this might happen, tell your attorney. The defendant should not be able to report you to any immigration authorities to avoid liability.
Resources
Unfortunately, moving to a new country tends to be an expensive endeavor, and many immigrants find themselves with few financial resources to help pay for a personal injury lawsuit. While this might be a big hurdle for some, your attorney might be able to help. Often, a reasonable fee agreement that works for your financial situation is possible, and you should discuss with your lawyer what you can afford.
Contact Our NY Personal Injury Attorneys to Get Started on Your Case
For a free and private assessment of your case, contact our Kingston, NY personal injury attorneys at The Martello Law Firm, PLLC by calling (914) 685-6950.
