Does Citizenship Affect Your Right to File a Personal Injury Lawsuit?

Your immigration status often has little bearing on your personal injury claim. However, the defense may use it to sway the jury. Read this blog to understand why, as an undocumented resident, you are still entitled to seek justice and compensation through the American legal system.

Legal Rights of Non-Citizens in Personal Injury Claims

“The 14th Amendment of the United States Constitution is the legal framework that facilitates equal protection and due process rights for undocumented residents,” says Los Angeles personal injury attorney Rusty Levin of Levin & Nalbandyan, LLP. Below are the two key components that enable fair treatment: 

• Equal Protection Clause: This key component of the 14th Amendment ensures noncitizens can seek redress within the American justice system without discrimination based on their citizenship. It means you are entitled to the same rights as everyone else. 
• Due Process Clause: This component means, as a non-citizen, you are entitled to a fair legal process, including the right to legal representation, a fair trial, and presenting your case in court. 

In short, you are entitled to the same rights as everyone else, regardless of immigration or citizenship status. For instance, when a drunk driver rear-ends your vehicle and causes you harm, you are within your rights to sue them for compensation for the damages you sustained. 

Challenges Faced by Non-Citizens in Personal Injury Cases

Nevertheless, noncitizens still face unique challenges when they find themselves victims of accidents caused by others. For example, some may fear filing a lawsuit may expose their immigration status, potentially leading to deportation. This concern is compounded when the nonresident can’t communicate in English. And since non-citizens may not be familiar with their rights, most ultimately fail to seek compensation. 

However, as you’ve seen in this blog, even as a non-resident, you are entitled to the same rights and protections as everyone else. You are entitled to legal representation, meaning you can consult a personal injury attorney for advice on filing your claim. You should collect evidence to prove your claim and work with your attorney to prepare them for submission in court. 

Protecting Your Rights and Seeking Justice

Consult with an experienced personal injury attorney who understands the intersection between personal injury and immigration law. Such attorneys offer services in different languages, making it easier to communicate with your lawyer. 

But even so, how do you find an attorney? 

Start with referrals from your friends or family. Do they know of a personal injury attorney? Maybe their lawyers know someone. Even better, the internet is a great source of information. Look up personal injury attorneys on websites like Avvo, FindLaw, and Justia. You’ll find some reviews and testimonials from past clients to help you choose a competent attorney. 

You still need to select the right attorney. 

This all comes down to their experience, understanding of both personal injury and immigration law, availability, and your gut feeling about them. During the initial consultation, do not hesitate to air out your issues. Ask questions about compensation options, whether they’ll be the ones taking your case, and how often they’re available to review your claim.  

Conclusion 

Your immigration status has no impact on your eligibility to file a personal injury lawsuit. Thanks to the 14th Amendment of the Constitution, you can seek compensation through the judicial system, just like everyone else. A personal injury lawyer can help you understand your rights and protections under US law. 

It’s best to work with an attorney who understands the intersection between immigration and personal injury law. While the defense may attempt to bring up your citizenship to sway the jury, you have the right to due process, including a fair trial, legal representation, and presenting evidence in court. Consult with a qualified Los Angeles personal injury attorney for options on compensation for personal injury as a non-resident of the United States.