Assertive Personal Injury Representation

Does your immigration status affect your right to file a personal injury claim?

| May 28, 2021 | Car Accidents

Car accidents and other misfortunes can happen to anybody — and they don’t discriminate between undocumented immigrants and everyone else.

As an undocumented immigrant, however, you may be reluctant to pursue a personal injury claim against the driver that caused your wreck for fear of how your immigration status might be used against you.

You have the right to pursue a claim  even if you’re undocumented

The 14th Amendment to the Constitution of the United States protects your right to pursue justice when you’ve been injured by someone else’s negligence — and in all other matters. The “equal protection clause” in this Amendment declares that no state can “deny to any person within its jurisdiction the equal protection of the laws.”

This means that your immigration status cannot be used against you by either the insurance company involved to try to intimidate you or deny you what you are due. It would also be a serious breach of ethics for the company’s defense attorney to threaten you based on your immigration status with exposure to Immigration and Customs Enforcement (ICE).

This also means that you aren’t required to reveal your immigration status to the insurance company or their adjuster if they make contact. It’s irrelevant to your claim.

Experienced legal assistance can help you obtain the compensation you deserve

No matter who you are, it’s usually wiser to let an attorney handle the negotiations with the insurance company after a car wreck or other accident. That’s the best way to protect your interests and avoid the subtle (or not-so-subtle) tricks that insurance adjusters use to devalue and diminish a claim.

Please check out our blog to learn more about your options and how we can help you after a wreck leaves you injured.