June 4, 2020

When immigrants are involved in personal injury cases, they have the right to sue liable parties for injuries and damages just as an American citizen may. Qualified attorneys have the experience needed to navigate the unique challenges facing documented and undocumented immigrants in civil lawsuits. Many immigrants in Virginia have had success winning judgments against people who caused harm to them. Do not be afraid. We will help you receive just compensation. 

Documented Immigrants

The Equal Protection Clause of the Constitution gives documented immigrants the right to work, live in the United States, and serve in the armed forces. These rights also include the ability to sue citizens and other immigrants just like US citizens. State and federal courts have consistently maintained these rights throughout the country. If you are in an auto accident as an immigrant, you can pursue liable parties for your injuries and damages if they are found guilty. 

Undocumented Immigrants

The laws for undocumented immigrants are different from state and state. In many states, it does not make any difference if you are a legal immigrant. The federal government has left it up to the states to decide how to manage cases involving undocumented citizens. 

Fortunately, the Virginia Supreme Court has already ruled on this issue. Illegal immigrants hold the same rights as legal immigrants and can pursue lawsuits regarding personal injury matters. An immigrant’s immigration status will not be considered when these cases process through the court system.

There are some states where the courts do not provide the same legal protections to undocumented immigrants. The jurisdiction is determined by where the accident occurred and is not influenced by the home states of the parties involved in the lawsuit.

Other Damages

There has been some confusion about medical costs that can be recovered in legal lawsuits. Not only can an individual recover their property and medical expenses, but the insurance company can recover other damages too. If you are still in the midst of treatment with an unknown end date, you can recover damages as long as it takes for you to recover from your injuries. 

Many people sue for lost wages. You could also potentially sue for other damages in more serious lawsuits. Pain and suffering are often recovered in these cases. Permanent disfigurement and other issues could continue for many years, leaving your life permanently changed. If you are suffering from permanent disability, you could claim for diminished future earning capacity. If you are in a position where you can never work again, there are many issues you will want to address with an attorney.

After an accident, the court system tries to make you “whole” again so you can return to normal health when possible without experiencing significant financial hardship. 

Get In Touch With An Attorney

Trying to work with an insurance company without legal representation is risky in many incidents. It is their goal to pay out as little as possible for your insurance claim, but an experienced attorney has the knowledge to make sure you receive the most favorable outcome. 

Cravens & Noll has 30 years of experience helping immigrants recover from their personal injury cases. Contact us today to find out how we can help navigate this difficult season of life.

4 Locations    |    804-330-9220    |    540-246-0684

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