In Oregon, 108,000 undocumented immigrants were reported in the year 2019. [1]
The United States is considered a dream country for many people from around the world. Consequently, some individuals travel to the U.S. and establish their lives there without possessing proper legal documents.
Illegal immigrants face numerous legal challenges and restrictions due to their immigration status. One concern is whether or not they can pursue a lawsuit for personal injury. Let’s explore whether undocumented immigrants are eligible for the same legal rights as U.S. citizens when it comes to filing personal injury claims.
Understanding Legal Rights for Undocumented Immigrants in Filing Personal Injury Claims in Portland
Illegal immigrants residing in Portland, Oregon, may have legal rights when filing personal injury claims. Although their immigration status may raise some challenges, they are still afforded certain legal protections.
In the United States, the legal system generally allows anyone who has suffered harm due to the negligence or wrongdoing of another party to seek compensation through a personal injury claim. The right extends to undocumented immigrants as well.
Illegal immigrants in Portland have the right to pursue legal action and seek compensation for medical expenses, lost wages, pain and suffering, and other losses resulting from the injury. The law strives to provide equal access to justice and remedies regardless of someone’s immigration status.
How Does Immigration Status Impact Personal Injury Claims in Portland?
Regarding personal injury lawsuits in Portland, the impact of immigration status is a significant factor to consider. Undocumented immigrants often face unique challenges and potential obstacles that can affect their ability to pursue and successfully settle personal injury claims.
One of the primary concerns is that immigration status can potentially be used against undocumented immigrants during legal proceedings. Insurance companies or attorneys may attempt to exploit an individual’s immigration status to deny or devalue their claim. These tactics can include arguments that the individual is not entitled to compensation due to their immigration status or should receive reduced damages because they are undocumented.
In cases that proceed to trial, an undocumented immigrant’s immigration status can create bias among jurors. Prejudices, misconceptions, or biases related to immigration can influence the case outcome and impair the individual’s chances of receiving fair compensation.
In addition, the lack of proper identification or documentation can pose challenges regarding medical treatment. Undocumented immigrants may encounter difficulty accessing healthcare services or obtaining medical records. It can complicate proving the extent of injuries and the need for medical treatment, potentially affecting the compensation amount awarded.
Types of Personal Injuries Commonly Suffered by Undocumented Immigrants
Undocumented immigrants can experience a range of personal injuries, some of which are prevalent within their communities. These injuries can result from various circumstances and may impact their physical, emotional, and financial well-being. Here are some types of personal injuries commonly suffered by undocumented residents:
Can Undocumented Immigrants File Personal Injury Claims in Portland?
Yes, undocumented immigrants can file personal injury claims for compensation in Portland. The legal system in the U.S. generally allows anyone who has suffered harm due to the negligence or wrongdoing of another party to seek compensation claims, regardless of their immigration status. The objective of the legal system is to provide equal access to justice and remedies for all individuals, irrespective of their immigration status.
What Damages Can Undocumented Immigrants Recover in Personal Injury Claims?
Undocumented immigrants can potentially recover various damages in personal injury claims, depending on the jurisdiction and specific circumstances of the case. While they may face certain limitations, such as restrictions on their ability to work legally, their immigration status generally does not completely bar them from seeking financial compensation.
Here are some common types of compensation benefits that undocumented injury victims may be able to recover:
- Medical Expenses: Undocumented immigrants can pursue compensation for past and future medical expenses related to the injury, including hospital bills, surgeries, rehabilitation, medication, and therapy costs.
- Lost Wages: Undocumented workers can seek compensation for lost wages if the injury results in the inability to work temporarily or permanently. This may include both current and future lost earnings, as well as potential loss of earning capacity.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and mental anguish caused by the injury can be pursued by undocumented immigrants.
- Property Damage: If personal belongings or property were damaged or destroyed due to the incident, undocumented immigrants can seek compensation for the cost of repair or replacement.
- Punitive Damages: In extreme negligence or intentional harm cases, the court may award punitive damages. These damages aim to punish the responsible party and prevent similar actions by others. However, the availability of punitive damages for undocumented immigrants may vary depending on local laws.
How Can a Personal Injury Lawyer Help Undocumented Immigrants in Filing Personal Injury Claims?
A personal injury attorney can assist undocumented immigrants when filing personal injury claims. Here are some ways in which they can help:
- Understanding Rights: A personal injury attorney can educate undocumented immigrants about their legal rights and inform them about their eligibility to file a claim. They can explain the applicable laws, Statutes of Limitations, and any exceptions or restrictions for undocumented individuals.
- Gathering Evidence: Attorneys can assist in gathering evidence to support the personal injury claim. It may include collecting medical records, accident reports, witness statements, photographs, and other relevant documentation necessary to establish liability and damages.
- Building a Strong Case: A skilled personal injury attorney can analyze the case details, assess the extent of injuries, and determine the appropriate compensation to seek. They will work to construct a compelling legal argument and formulate strategies to maximize the chances of a successful claim.
- Advocacy and Negotiation: Attorneys will communicate with insurance companies, defense attorneys, and other involved parties on behalf of the undocumented immigrant. They will advocate for their client’s rights and negotiate a fair settlement that accurately accounts for medical expenses, lost wages, pain and suffering, and other damages.
- Shielding Against Discrimination: Undocumented immigrants may face discrimination or biases due to their immigration status. A personal injury attorney can protect their client’s rights and challenge any attempt to use immigration status against them during the legal process, such as arguments for reduced damages or denied claims solely based on immigration status.
- Providing Emotional Support: Dealing with the aftermath of a personal injury can be emotionally overwhelming. A compassionate attorney can provide guidance, support, and reassurance to undocumented immigrants throughout the legal process, ensuring they feel understood and their concerns are addressed.
Contact Goldberg & Loren to discuss the possibility of a personal injury lawsuit if you have experienced a personal injury in Portland.
Source:
[1] Profile of the Unauthorized Population: Oregon. (n.d.). Migration Policy Institute. Retrieved May 26, 2024, from https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/OR
