Can You Be Deported for Filing a Personal Injury Lawsuit in New York?

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    If you are an immigrant that has been injured in an accident, you might fear deportation if you sue for compensation. While that is understandable, filing an injury claim is not a deportable offense.

    Filing an injury lawsuit is not reason to deport an immigrant in New York. Furthermore, a person’s immigration status will not preclude them from pursuing compensation via a claim against an at-fault party, even if they are undocumented. Immigrant victims can file any type of personal injury case in New York, from car accident lawsuits to premises liability claims. If you are concerned about deportation, you can refrain from offering information about your current immigration status to law enforcement officials, medical professionals, or a negligent party in New York.

    To schedule a free evaluation of your case, call the New York personal injury lawyers at The Carrion Law Firm now at (718) 841-0083.

    Can I Be Deported for Filing a Personal Injury Claim in New York?

    New York has a high immigrant population. If an immigrant, regardless of their documentation status, is harmed by a negligent party in New York, can they be deported?

    The answer is simply no. Filing an injury lawsuit for damages is everyone has right, including immigrants residing in New York or elsewhere in the United States. In fact, according to 8 U.S.C. § 1227, simply filing a personal injury claim is not a deportable offense in the United States. Often, immigrant enforcement agencies are mainly concerned with deporting undocumented immigrants who have engaged in criminal offenses, not those who have been injured in an accident.

    This means that victims can contact our Bronx personal injury lawyers to file a claim for compensation without fear of deportation. Our attorneys can help you bring a case against an at-fault party, prove their negligence, and recover compensatory damages on your behalf, regardless of your current immigration status in New York.

    Will My Immigration Status Prevent Me from Filing a New York Personal Injury Lawsuit?

    Your immigration standing will not affect you when filing an injury lawsuit in New York. Even if a victim is undocumented, they have the right to pursue compensation against the negligent party that harmed them.

    All immigrants, whether documented or not, have the right to seek compensation in an injury claim. While fear of deportation may be stronger for those who are undocumented, there is little to no communication between immigration enforcement agencies and the courts in New York. A victim’s immigration status has no impact on fault for their injuries, meaning judges and juries should not consider the fact that a victim is undocumented when awarding them damages.

    Furthermore, New York City prides itself on being a sanctuary city for undocumented immigrants. This means communication with immigration enforcement agencies like ICE is limited, and that New York is focused on protecting its undocumented immigrant population, which is large.

    What Types of Personal Injury Claims Can Immigrants File in New York?

    Immigrants living in New York can file any type of personal injury claim, depending on the cause of their damages. This includes claims based on medical malpractice, car accidents, premises liability, and product liability, among others.

    Personal injury is an umbrella term encapsulating many kinds of accidents. Immigrants can file an injury claim without fear of deportation for any type of accident caused by another party.

    Common causes of injuries among immigrants in New York are car accidents and construction accidents. For example, a construction worker might sustain injuries in a slip and fall accident. If you were injured at work as an immigrant in New York, you might have to submit an insurance claim if your employer was at fault. However, if a third party, like a manufacturer, is to blame for your workplace injuries, you can bring a case for compensatory damages in New York as an immigrant worker.

    Immigrants can also file medical malpractice claims and car accident claims. Approaching these types of lawsuits can be intimidating, especially if a negligent party attempts to use your documentation status against you. Threats from a negligent driver that you will be deported if you file a claim should be reported to our attorneys.

    What Can I Do if I Fear Deportation for Filing a Personal Injury Claim in New York

    Although immigrants cannot be deported for filing an injury lawsuit in New York, they might still have reservations about pursuing compensation. If you are concerned, there are certain things you can do after an accident to assuage your fears.

    After many types of accidents in New York, it is vital that victims call the police. When you do this, you do not have to inform police officers of your current immigration status if you are fearful of deportation. New York City police officers are directed not to voluntarily provide information about a person’s immigration status to immigration enforcement agents. So, if you are injured in New York City, and officers are aware of your documentation status, there is little to fear.

    You can follow the same guidelines when you seek medical care for the injuries you sustained. There’s no need to tell medical professionals about your documentation status. Even if you do, doctors are typically unconcerned with a patient’s status and will provide them with care regardless of whether they are documented or not.

    You also do not need to offer information about your current immigration status to a negligent party. Sometimes, a negligent party might already be aware of a victim’s immigration status. Still, even if that is the case, you cannot be deported if you seek compensation via a personal injury lawsuit.

    File Your New York Injury Claim Today

    Call The Carrion Law Firm at (718) 841-0083 to set up a free review of your case with our Long Island personal injury lawyers today.