Can Non-Citizens File Personal Injury Lawsuits?
Michael Babboni
Personal Injury
Here’s the short answer: yes. Throughout most of the United States, and most certainly in Florida, both US citizens and all foreign nationals regardless of immigration status have the ability to file personal injury lawsuits for all the usual reasons. Whether you’re an immigrant with a green card, an undocumented foreign resident, or a visitor on a student or tourist visa, if you suffer a personal injury on US soil, you are free to seek compensation from the responsible parties.A Difference Of Jurisdiction
The United States judicial system isn’t a single network of courts which all handle every kind of case and all fall under the same authority. There’s a distinction between civil and criminal cases, for instance, and there’s another distinction between tort law, which is what covers personal injuries, and immigration law, which is where the government decides what to do about both documented and undocumented visitors. In fact, most tort cases are handled at the state level while the federal government has the exclusive power to deal with immigration.
Personal injury laws are kept completely separate from immigration status, and they’re kept that way for a reason. Everyone, regardless of his or her legal status, deserves the same protection under the law from harm and the same ability to receive compensation for injuries caused by harmful or negligent actions.
The Legal Gamble
Unfortunately, a large number of undocumented immigrants don’t seek the legal protections they deserve because they don’t want to call the government’s attention to their immigration status. Although personal injury lawsuits cannot be blocked on account of this status, it’s also true that a personal injury lawsuit doesn’t protect a person from deportation.
Still, deportation is generally rare even when an undocumented immigrant calls attention to him or herself. With over 11 million unauthorized immigrants settled throughout the United States, the immigration authorities don’t have the time or resources necessary to deport them all and typically focuses on those who commit crimes and otherwise cause problems for those around them. However, this specifically doesn’t include those immigrants who file personal injury lawsuits. Such individuals are using the legal system as intended, and anyone who says differently is trying to use intimidation.
That said, a personal injury plaintiff’s immigration status can be considered by a jury when it comes to deciding the result of a personal injury lawsuit. It doesn’t have any significance in deciding whether a party is liable for damages or not, but it can have an impact on claims made for lost wages. Since undocumented immigrants typically don’t pay taxes, they may be awarded less for this particular category than a worker who does pay taxes.
If you’ve suffered a personal injury in or around St. Petersburg, Florida, then you should call the office of the St. Pete Lawyer right away no matter what your citizenship is. Whether you were born a US citizen or whether you naturalized, and whether you’re here on a short visit or here for years to come, everyone is entitled to receive just compensation for any injuries received while on American soil, and as an American personal injury lawyer I will do my best to see that you get the justice you deserve.