Can an Immigrant File a Personal Injury Claim?

Accidents can happen to anyone, including immigrants living and working in the United States. Many people wonder, “Can an immigrant file a personal injury claim?”

The answer is yes. Immigrants, regardless of status, can bring civil lawsuits if they suffer harm caused by negligence. Courts in several states have confirmed that immigration status does not take away basic rights.

A personal injury lawyer in Atlanta can help protect your rights if you face damages such as medical bills, lost wages, pain and suffering, or future lost earnings.

These protections apply whether the injury occurs in a car accident, slip and fall, workplace injury, or medical malpractice, and they extend under civil law to both citizens and undocumented workers.

Yes, Immigrants Can File Personal Injury Claims Regardless of Immigration Status

Even accident victims without a driver’s license or a Social Security number have the right to file. Civil lawsuits allow plaintiffs to seek damages for medical expenses, lost earnings, and pain and suffering. These protections apply equally to all residents.

In Atlanta, courts have handled cases involving undocumented workers in construction, roofing, demolition, and agriculture. In each situation, the right to pursue damages for injuries has been upheld, even when immigration authorities were mentioned by defendants.

5 Things You Need to Know

• Immigration status does not block the right to file a claim.
• Plaintiffs may seek damages for medical bills, lost wages, and pain and suffering.
• A driver’s license or Social Security number is not required.
• Courts have upheld claims for workers in construction, roofing, demolition, and agriculture.
• Immigration authorities are not the focus of personal injury proceedings.

Undocumented immigrants and non-immigrants with temporary U.S. visas can bring a personal injury lawsuit. Defendants, insurance companies, and adjusters may try to use immigration status as a defense, but courts recognize that protections extend to everyone.

Navigating Fear and Uncertainty: Addressing Common Concerns for Immigrants

Immigrants may feel anxious about filing lawsuits because of possible risks tied to their status. Yet civil law is designed to address negligence and damages, not immigration enforcement. Recognizing these fears can help victims see that they are not alone.

Fear of Deportation

Undocumented immigrants often worry that filing a claim could lead to deportation or contact with immigration authorities, such as the U.S. Immigration and Customs Enforcement. These cases focus on damages, not removal, and plaintiffs should not be punished for seeking justice.

Judges and attorneys usually keep immigration matters separate from injury claims. Victims are encouraged to focus on the harm they suffered and the compensation they deserve, not a fear of enforcement.

Fear of Settlement or Trial Outcomes

Some plaintiffs fear their immigration status could harm the result of a settlement or trial. Judges generally keep their status private, reminding jurors that compensation should depend on injuries and damages, not nationality or legal standing.

In many hearings, details about status are not even presented, and when they are, courts often limit their use. These measures help ensure that every plaintiff is judged on the facts of the case.

Fear of Testifying in Court

Testifying during a deposition or before jurors can feel unsafe for those without legal status. Courts work to protect confidentiality and ensure all participants are treated fairly during testimony.

Plaintiffs may testify with safeguards, including translators for Spanish or Portuguese speakers and limits on irrelevant questions. These steps help accident victims share their story without unnecessary fear.

Other Common Fears

• Dealing with law enforcement after an accident
• Facing pressure from insurance adjusters
• Understanding deadlines for filing claims

These worries are valid, but they should not prevent accident victims from pursuing their rights. By acknowledging these fears and clarifying how courts handle them, victims can feel more confident that they may seek damages after accidents without sacrificing dignity or safety.

The Role of Immigration Status in Damages Calculation (and its Limitations)

Immigration status can play a role in how damages are measured in personal injury claims. Courts consider fairness while ensuring that the right to file remains protected. The impact may differ depending on whether the plaintiff has legal status or is undocumented.

Legal Status

Immigrants with legal status, such as permanent residents or those on valid visas, are generally treated the same as U.S. citizens when damages are calculated. Their lost wages, medical bills, and pain and suffering are reviewed based on their actual work history and potential future earnings.

Undocumented Status

For undocumented immigrants, some defense attorneys may argue that lost wages or future earnings should be tied to income levels in the person’s country of origin.

While this argument is sometimes raised, many courts still recognize that injury damages should reflect the reality of the person’s life in Atlanta and the wider United States. Medical expenses and other damages remain available. Even claims for pain and suffering can be pursued, regardless of immigration status. 

Immigration status may affect how damages are calculated, but it does not take away the right to bring a personal injury claim.

Consult a Personal Injury Lawyer About Your Rights and Options

Immigrants, whether undocumented or Green Card holders, should feel safe seeking legal help. In Atlanta, support is available for those pursuing claims, regardless of background, when facing defendants and insurance adjusters.

John Foy & Associates also actively contributes to the Atlanta community through charity drives, scholarships, and partnerships, strengthening its local ties. If you or a loved one has been injured, do not wait to learn about your options.

Reach out today for a free consultation to better understand your rights and the steps you can take to protect your future.