Filing a Personal Injury Claim as an Undocumented Immigrant

Undocumented immigrants have many rights when it comes to reporting an accident and filing a personal injury compensation claim.

People from all over the world are coming to the U.S. in droves. That’s according to multiple studies, including one published by the Pew Research Center. It revealed that the U.S. is home to over 10 million undocumented immigrants. That works out to roughly 3% of the total U.S. population. But this is not altogether that surprising. More than 2 million people have illegally crossed U.S. borders each year since 2021.

What Undocumented Immigrants Should Know About Reporting Accidents

One of the biggest misconceptions that undocumented immigrants have is that they risk deportation if they report an accident. That includes traffic accidents, medical malpractice, slips and falls, animal bites, and workplace injuries. But that couldn’t be further from the truth. Thanks to the 1982 Supreme Court ruling, which established that undocumented immigrants are considered “persons” under the 14th Amendment, undocumented immigrants can report accidents and seek compensation just like anyone else can without worrying about deportation as a consequence. Compensation can include lost wages, property damage, and medical expenses. Pain and suffering also fall under that umbrella.

Filing a Personal Injury Claim as an Undocumented Immigrant

The first thing an undocumented immigrant should do after being involved in an accident is to seek medical attention. Doing so ensures they have medical records linking their injuries to the accident. From there, they should focus on finding and hiring a personal injury attorney as soon as possible. That’s because the timeframe to file a personal injury claim is limited. Generally speaking, the personal injury statute of limitations is 2 to 4 years. Following a consultation, an attorney can get the ball rolling on a personal injury claim by doing the following:

• Filing a complaint – This early stage of filing a compensation claim involves alerting a defendant, either an individual or business, of the intent to file a personal injury claim. When filing a complaint, an attorney will highlight the nature of the accident, the factors that contributed to it, and the specific damages they intend to seek.
• Serving a complaint – This part of filing a compensation claim involves a personal injury attorney furnishing the defendant with a copy of the original complaint and summons to appear in court. In most states, attorneys have 30 days to serve a complaint, and the defendant named in the complaint has 21 days to file an official response.
• Filing discovery documents – After the defendant responds to a complaint, the attorney representing the injured individual and the defendant’s attorney will file their respective discovery documents, the mutual sharing of information relative to the personal injury claim. Examples of discovery include photos of the accident scene, police reports, medical records, and sworn witness statements.
• Settlement negotiations – Following discovery, most attorneys involved in a personal injury case will begin settlement negotiations. These negotiations revolve around both attorneys trying to reach and agree on a settlement amount to compensate someone injured in an accident. Studies show that most attorneys prefer settling a personal injury claim instead of having to endure what could be a lengthy court battle. For reference, only 4% to 5% of personal injury cases ever go to trial. The remainder are all settled out of court.
• Going to trial – If the attorneys involved in a personal injury claim can’t agree on a settlement amount, the next step is to move forward with a personal injury lawsuit. If the plaintiff wins, the court will order the defendant to pay the damages detailed in the original complaint. If the defendant wins, they will not be required to pay any damages.

In summary, undocumented immigrants have many rights when it comes to reporting an accident and filing a personal injury compensation claim. If you’re an undocumented immigrant who has suffered an injury due to someone else’s negligence, don’t hesitate to hire an attorney who can help you get the compensation you deserve.