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Personal Injury Law for Immigrants

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Personal Injury Law for Immigrants
July 21, 2024

Immigrants made up 13.9 percent of the total United States population in the year 2022. Whether they are in the United States on a visa or without documentation, immigrants can become victims of accidents caused by the negligence of others. 

Personal injury cases can be complex and overwhelming for anyone, but for immigrants, the challenges may be compounded by feelings of fear and uncertainty. Language barriers, fear of deportation, and a lack of understanding of the legal system can all be significant obstacles. 

This article aims to provide essential information to help immigrants understand their rights and the steps they should take when injured due to someone else’s negligence. 

Understanding Your Legal Rights As an Immigrant

Your immigration status does not affect your right to seek compensation if you were harmed due to someone else’s actions. The US legal system does not discriminate based on citizenship or immigration status when it comes to personal injury claims.

In the United States, just as state and federal laws regarding crimes apply to everyone, so do civil laws. Personal injury laws protect everyone, regardless of whether you are a documented or undocumented immigrant.

Reasons Immigrants Hesitate Contacting Personal Injury Lawyers and Overcoming These Challenges

There are various reasons why an immigrant may hesitate to contact a personal injury lawyer and seek legal help following an accident. By addressing some of these fears, we hope to empower immigrants to seek the justice and compensation they deserve. 

Deportation concerns

Understandably, one of the most significant fears for immigrants, especially those who are undocumented, is deportation. Many worry that contacting a personal injury lawyer will expose their status and result in the immigration authorities being contacted. 

Immigrants can find peace of mind in knowing that personal injury lawyers are bound by strict confidentiality rules. They cannot disclose your immigration status to anyone, including immigration authorities. This means you can seek legal assistance without fear of your immigration status being revealed to anyone. 

Keep in mind, at Hoffspiegel Law, our experienced personal injury attorneys are here to help you regardless of your immigration status. 

Language barriers

For many immigrants, English is not their first language. Legal phrases and procedures can be confusing, and the fear of not being understood may deter you from seeking help after your accident. 

Do not let fear of language barriers stop you from seeking legal aid. Many personal injury law firms offer legal services in multiple languages or have translators available. This ensures that you can fully understand your compensation options and communicate effectively with your attorney. 

Prior negative experiences

Past negative experiences with the legal system, whether in the US or your home country, could deter you from contacting a personal injury lawyer. If you have been treated unfairly or have encountered corruption, you might be skeptical about achieving a successful outcome within the legal system. 

Hoffspiegel Law works hard to establish trust with all our clients, including immigrants. We strive to treat all our clients with dignity and respect. Through transparency and open communication, we try to clear up any misconceptions about the legal system.

Lack of legal knowledge

Whether documented or undocumented, immigrants may have a lack of understanding about the rights they have under US law. Without this knowledge, immigrants may not realize they can seek compensation for their injuries. 

Various community organizations provide support and resources for immigrants. They can help connect you with trustworthy legal professionals and offer guidance throughout the process. 

Financial concerns

The concern over how much it will cost to hire a qualified personal injury lawyer might prevent immigrants from reaching out for legal help. This is especially true for those who are already struggling financially. Sadly, many immigrants assume they cannot afford to hire a lawyer.

Immigrants may be surprised to learn that most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. The contingency fee arrangement makes legal assistance available to those who may not have the money to pay upfront costs.

Understanding Your Legal Rights As an Immigrant Following a Work-Related Injury

The United States is home to many undocumented workers who provide valuable services throughout the country. Unfortunately, when injured on the job, they are often afraid of coming forward to seek medical treatment – let alone filing a compensation claim. 

Common workplace injuries include:

  • Construction accidents: Many immigrants are employed in the construction industry. Construction site accidents include falls from heights, being struck by falling objects, electrocution, and equipment malfunctions. 
  • Agricultural injuries: Immigrants who work in the agricultural industry often face long hours and exposure to hazardous machinery and chemicals. Common injuries include machinery accidents and exposure to dangerous pesticides. 
  • Service industry injuries: Some immigrants work in the service industry as cleaners, maintenance workers, cooks, and so on. Common injuries include slip-and-falls, burns, cuts, and muscle strains from heavy lifting. 
  • Factory injuries: Workers in the manufacturing industry are often exposed to heavy machinery and toxic substances. This can lead to repetitive strain injuries, amputations or burns from malfunctioning equipment, or respiratory problems from inhaling harmful chemicals. 
  • Transportation injuries: Truck drivers, rideshare drivers, delivery workers, and others could be involved in motor vehicle accidents that result in severe injuries. 

In Atlanta, GA, and throughout the US, there are legal protections for immigrants. Regardless of whether they are here legally, all workers have rights. This means you have a right to a safe work environment. You also have a right to seek compensation for your injuries if you are injured while on the job. 

Compensation Available to All Personal Injury Accident Victims

Documented and undocumented immigrants have the right to pursue compensation when they have been injured due to someone else’s negligence. 

Compensation awarded in personal injury cases can cover a variety of economic and non-economic damages, including:

  • Medical expenses: This compensation can cover medical bills for emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, and any anticipated future medical expenses.
  • Lost wages: If your injury prevents you from working, you can claim compensation for the income you would have earned during the period you were unable to work. This can also include future lost earnings if your injury results in long-term disability. 
  • Property damage: If you were a victim of a car accident or another incident that damaged your property, you could be entitled to compensation to repair or replace your vehicle and other belongings. 
  • Pain and suffering: This is compensation for the physical and emotional pain caused by the injury. Pain and suffering damages may be awarded based on factors such as the severity of the injury and its impact on your life. 
  • Punitive damages: In situations where the other party’s actions were particularly reckless, such as a drunk driving accident, you might be awarded punitive damages. These are intended to punish the defendant and deter similar behavior by others. 

Personal Injury Lawyers Committed to Protecting the Rights of Documented and Undocumented Immigrants

If you are an immigrant who has sustained a personal injury, hiring a lawyer is an essential step in protecting your rights and recovering financial compensation for your injuries. 

Consider some of the many benefits of hiring a personal injury lawyer:

  • Access to medical care: A personal injury attorney can help ensure you receive the medical treatment you need. Your lawyer may have connections to doctors who specialize in treating injuries similar to yours. 
  • Protection from exploitation: Sadly, immigrants are, at times, targets of exploitation due to their being unfamiliar with the legal system. Insurance companies may try to deny your personal injury claim or pressure you into accepting a settlement for much less than you deserve. A personal injury attorney, though, can protect you from such exploitation and advocate that you receive fair compensation. 
  • File necessary documentation: Personal injury cases involve extensive paperwork and strict deadlines. Your lawyer will handle all necessary documentation, ensuring everything is filed correctly and on time. 
  • Maximizing compensation: Calculating the full extent of damages after an accident involves more than just medical bills. An experienced personal injury attorney will know how to accurately calculate the full value of your personal injury claim. 

Schedule a Free Case Evaluation With an Atlanta, GA, Personal Injury Lawyer Today

If you are an immigrant who has been harmed due to someone else’s negligence, do not let fear prevent you from getting legal help. While the uncertainties about contacting a lawyer are understandable, it is important for you, as an immigrant, to recognize that personal injury laws are there to protect you. 

For personalized advice and guidance, consult an experienced personal injury lawyer who understands the unique challenges immigrants may face. Your health and financial well-being are worth fighting for. 

At Hoffspiegel Law, we are dedicated to helping immigrants and all accident victims protect their rights and receive fair compensation. Do not wait to schedule a free case consultation. You can give us a phone call 24/7 or click the Contact Us button on this page to get started.