Personal injury cases where an illegal immigrant is involved can be very complex; however, if you’re in any type of accident, regardless of your immigration status, you are entitled to be financially compensated for medical expenses, lost wages, and pain and suffering.
Given the current administration’s view on immigration, it is a very unpredictable and terrifying time for an immigrant; however, as an immigrant you still have rights!
As stated before, everyone, regardless of immigration status, can file a lawsuit, settle out of court, or go to court (whether its magistrate, state, or superior court), and have their case heard before a judge.
Will I Get a Fair Trial Even if I’m an Illegal Immigrant?
Many of the fears of being an immigrant and going to court rest in fact that, when in court, a judge will heavily consider immigrant status for an undocumented immigrant. However, this is not the case at all. The Georgia Supreme Court ruled that the plaintiff’s immigration status was not admissible, in other words it was not something the judge or jury considered when making a ruling or decision because it was not relevant (Sandoval v. State, 264 Ga. 199 (2004)).
Furthermore, the rights of immigrant were protected when, in 2007, the Georgia Supreme Court ruled that immigration status was not relevant and furthermore stated that victims (the plaintiffs in this case) could refuse to answer any questions dealing with immigrations status (Junior v. State, 282 Ga. 689 (2007)).
Will My Insurance Agency Threaten to Deport Me if I try to File a Claim?
Insurance companies are known for employing scare tactics to discourage people from filing a claim for financial compensation. Threatening deportation is another type of scare tactic. Practices like these are considered highly unethical and, as stated earlier, citizenship is not something considered when filing a claim and taking it court.
The Atlanta personal injury lawyers at BMW Law will be happy to represent your case regardless of your legal status in this country. We will fight for your just compensation and protect you against insurance companies that may try to take advantage of your delicate position.