Non-U.S. citizens have always been reluctant to draw attention to themselves by initiating legal action, regardless of their immigration status or the nature of their claim. But when an immigrant is injured due to someone else’s negligence, they are faced with an important question: Will filing an injury claim negatively impact my immigration status or pending process?
In the United States, the answer should be “no;” filing a claim cannot and will not directly affect a person’s immigration status. The laws of the United States protect one’s right to seek compensation for an injury caused by someone else’s negligence, regardless of whether they are a citizen, Lawful Permanent Resident, or have no legal status . This is true no matter where or how a person has been injured.
However, in the current administrative enforcement climate, many people are legitimately concerned that plugging into the court system might put them on immigration enforcement officials’ radar. While everyone has a legal right to file such a claim, it’s a choice that should only be made after careful consideration, ideally with the advice and guidance of a lawyer or law firm which understands how state court lawsuits may impact a person’s immigration options. Anyone who has been injured through another’s carelessness should consult a personal injury attorney for a free consultation to determine the legal viability of their case, as well as to consider and evaluate potential risks.
Some common injury-related claims include (but are not limited to):
- Car accident injuries
- Product liability (injured by a defective or dangerous product)
- Premises liability (injured due to a poorly maintained property)
- Wrongful death (when family member or loved one has died due to another party’s recklessness or negligence).
- Workers’ compensation (injured at work or while working)
Is it safe to make a claim?
While immigrants make up roughly 7.1% of New Hampshire’s population, they represent 8.3% of its labor force, often working high-risk jobs. Filing any sort of legal action against an employer creates a legitimate fear of possible retaliation. This can be even more daunting as an immigrant, given the current administration’s aggressive policies on immigration enforcement and regular ICE overreach. In New Hampshire, we’ve even seen an ICE arrest inside a Nashua courthouse, as well as countless instances of unlawful immigration arrests and detention, even involving folks who are going through the legalization process. In this climate, therefore, it makes sense that a person may be hesitant to press charges and potentially put themselves in danger.
The United States Constitution’s 14th Amendment’s Equal Protection Clause protects every person’s right to file a personal injury claim and hire legal representation. Immigration status is not typically a relevant factor in a personal injury or workers’ compensation case. Instead, the law focuses on the injury at the heart of the claim – what happened, who’s responsible, and the severity of the injuries – not upon immigration documentation or citizenship status. Immigration agents are not notified when someone files a claim, and doing so will not affect a person’s eligibility for U.S. citizenship. When someone is injured through the fault of another, their “good moral character” is not impacted.
A good lawyer can help
Hiring an attorney simplifies the process of filing a personal injury claim and helps protect an individual’s privacy. A lawyer will examine the details of the case and develop a strategy to secure fair compensation. The attorney deals with the court and communicates with the party responsible for the injury (and their lawyer), so that the victim may focus on recovery.
If the party responsible for a person’s injury tries to retaliate, whether by threatening to call ICE unless the claim is dropped, withholding earned payments, or putting the person in a potentially dangerous situation, they may face several consequences, from having to pay the other party’s costs and attorney’s fees, to needing to pay additional punitive damages or enhanced back pay, to massive fines. Anyone feeling threatened or pressured after an injury should save any evidence of this behavior and talk to a personal injury or workers’ comp lawyer ASAP.
While there are potential risks for immigrants at this point in time, the U.S. tort law system exists to serve people when they’ve been injured, not punish them for speaking up. No matter one’s status, the U.S. constitution and judicial system guarantee certain rights and protections when pursuing a personal injury claim. At Shaheen & Gordon, our personal injury attorneys are ready to help you through the process, offer an extra degree of privacy, and fight for justice. Contact us online or call us at (800) 451-1002 today. We want to hear more about your case and help you safely secure the compensation you deserve.
Shaheen & Gordon offers legal services in multiple languages and will hire translators to better communicate with and advocate for you if necessary.
