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Can You Get An Injury Settlement If You Are Undocumented In New York City?

New York City is a diverse city, and its immigrant population is what makes NYC iconic. Unfortunately, many are afraid to seek a personal injury settlement if they sustain an injury caused by the negligence or recklessness of another party.

Undocumented immigrants are protected by the 14th Amendment, which forbids a state to “deny to any person within its jurisdiction the equal protection of the laws.” New York courts are open to injured people regardless of immigration status. In Balbuena v IDR Realty LLC (2006), New York’s highest court held that the federal Immigration Reform and Control Act of 1986 does not bar an undocumented construction worker hurt because of a Labor Law violation from claiming lost wages, as long as the worker did not use false work papers to get the job. A jury may consider immigration status in deciding how much to award for future lost earnings.

Don’t Delay Filing a Claim

Fear may make an undocumented immigrant hesitant about filing a claim. Even worse, many undocumented people are afraid to seek the medical attention they need for fear of deportation. Delaying treatment can result in a poor prognosis, prolonged pain and suffering, and economic difficulties for the injured person and their family. If you’ve been injured in an accident or sustained a work-related injury, seek emergency medical treatment immediately.

Most personal injury claims in New York fall under a three-year statute of limitations, while some have much shorter deadlines, and certain claims must be made within 90 days, or even 30 days, after an accident. The wisest choice is to find a personal injury lawyer and act as quickly as possible. Moreover, as time passes, evidence can become lost, witnesses’ memories fade, and your chances of recovering full compensation diminish if you wait too long.

It can take some time to settle a personal injury case in New York City, so the sooner you act, the sooner your case can move forward. The Eskesen Law Firm can help you pursue fair compensation for your injuries, so contact us today. Your initial consultation is free.

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