Everyone in the U.S, even the undisclosed immigrants, are considered persons with rights. You shouldn’t suffer after being involved in an accident.
The fear of being deported has stopped undocumented immigrants from seeking legal assistance, even when they’re not at fault. Some have had medical expenses and costly damages to avoid deportation. However, in the real sense, the litigation process for these cases rarely results in deportation.
The federal government lets anyone seek compensation after being involved in an accident, regardless of their immigration status. Some states even allow people to undergo legal processes without disclosing their immigration status.
Filing a Personal Injury Lawsuit as an Undocumented Immigrant
According to a 1982 ruling by Justice Brennan, illegal immigrants are considered people under the Fourteenth Amendment. They’re protected, which means when injured they can seek legal help when wronged without worrying about being deported. To avoid deportation or your status being disclosed to the immigration department, you should do the following:
Hire an Experienced Lawyer
With an experienced professional, the entire process can get easier. The right lawyer can help you avoid any situation resulting in the authorities learning about your immigration status. Plus, as their client, you’re protected by the attorney-client privilege. This means they can’t disclose your status to anyone, not even the court.
The right attorney from https://munley.com/philadelphia/ can help you protect your immigration status perfectly. They’ll make sure that you’re not put in a situation that’ll force you to disclose your status even in court. Dealing with a professional who has previously handled such cases lowers your risk of being deported.
Document the Accident
After getting a lawyer, you should proceed with documenting your injury. The documents should stipulate the extent of your injuries and what you did to address the problem. This includes your medical statements, bills, and witness reports showing exactly what you went through after the injury. These documents will increase your chances of winning your case. Your attorney will help you with this process and ensure you fill out the right forms correctly.
Never Reveal Your Immigration Status
Another effective method you can use to protect yourself is avoiding discussions/situations that can result in you disclosing your immigration status. You should always have your attorney present when talking to the authority. Your attorney can even talk to the authority and the insurance lawyers on your behalf.
File a Motion in Limine
Generally, most personal injury cases are usually settled out of court. Your attorney will try and get you the best settlement without reaching the court system. However, if it goes to court, then they’ll file a motion in limine. This pre-trial motion will suppress your immigration status from being used as an argument or evidence in the case. The motion in limine will guarantee that your immigration status will not affect the outcome of your personal injury lawsuit in any way.
Endnote
Everyone in the U.S, even the undisclosed immigrants, are considered persons with rights. You shouldn’t suffer after being involved in an accident. Instead, you should get the right attorney to process your case without disclosing your immigration status. Your attorney can try to settle the case before going to trial. However, if it goes to trial, then they can protect your immigration status by filing a motion of limine. This motion will help you get a fair settlement regardless of immigration status.
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