How Will Your Immigration Status Affect Your Car Accident Case?

The latest estimates by the Federation for American Immigration Reform (FAIR) reveal that about 14.3 million illegal immigrants live in the US. People from other countries sneak into the US mostly because of the availability of jobs, knowing that there's no mandatory e-verification for all employers.

In addition to that, local governments in the US have been quite fair to illegal immigrants in that they allow them to benefit from social welfare programs, give them driver's licenses, and in-state college tuition, among many other benefits.

The Catch

Nevertheless, many undocumented immigrants wouldn't want their immigration status to be revealed since they're never sure whether the law will catch up with them or not. And this is especially true when it comes to car accident cases.

Many undocumented immigrants shy from filing lawsuits when they get involved in car accidents. They fear that their immigration status will be disclosed in the process and therefore lose the case or incur even more damages.

Are these fears valid or unfounded?

The Facts

In California, it's against the rules in any civil case including a car accident lawsuit, to use someone's immigration status against them. This is also true in many other US states.

You see, the right to sue isn't dependent on citizenship. The US constitution expressly states that 'no state should deny any person within its jurisdiction the equal protection of the laws.'

This means that all citizens by birth, legal immigrants, and illegal immigrants have the right to compensation in case they're injured in car accidents. This also includes those immigrants whose visas have expired.

What About Witnesses?

Apart from the accident victim, witnesses of the accident who may have critical information may also decide to remain hushed due to the fear of judges discovering their immigration status and turning against them.

Be assured that there are strong legal protections for witnesses to ensure that they provide the necessary information in the courts of law.

The Need for A Lawyer

Many defendants will try to use your undocumented immigration status to their advantage. All they're after is to have the case dismissed, and if not dismissed, they fight to ensure that they pay as little cash as possible for the damages.

Assume you're injured in such a manner that you can no longer work. You should be compensated for lost wages and future medical care. A common argument by defendants is that:

• The lost wages should be paid at the rate of your home country. It's obvious that the wage rates in the US are way much higher than the wage rates for your country, otherwise, you wouldn't have sneaked into the US for work purposes. Is that fair?
• Compensation for future medical care should be paid at your home country's rates. Again, it's rare that the rates of your country of origin will be higher than the rates in the US. That's quite unfortunate.

What Your Lawyer Will Do?

You need a lawyer to help you navigate these issues. Your lawyer will first need to know your actual immigration status so that they're in a better position to help you. So, be honest. Don't hide any information from your lawyer.

Armed with the information you've provided, the lawyer will then try as much as possible to prevent the accused from knowing your immigration status. And throughout the case, the lawyer will smartly argue your case out to ensure that you're fairly compensated.

The Lesson to Employers

In a way, the laws are framed this way to discourage employers from hiring undocumented workers to cut their operational costs and then neglecting them when they get injured through accidents.

Every employer should've proper insurance to cover all their employees in case of such mishaps.

Are You A Victim?

If you get involved in an accident and your stay in the US is illegal, know that you're not the first one. Many undocumented immigrants have successfully filed car accident lawsuits and have received full compensation for their injuries.

Don't be tempted to give a false name to any police officer who comes to the car accident scene. Such lies will work against you in court. As you're now aware that your immigration status can't be used against you, try to be honest when filling any official report or document.

Thereafter, contact a reliable and experienced car accident attorney to represent your interests in the case. A good lawyer will see to it that you're lawfully compensated.