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. There are tens of thousands of undocumented people living and working throughout the city. 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 14 th Amendment, which guarantees “any person within its jurisdiction the equal protection of the laws,” including the right to file a claim for damages if you are injured. The New York Court of Appeals ruled that the Immigration Reform and Control Act of 1986 cannot limit a plaintiff’s right to file a suit based on their citizenship status.
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, with certain claims being required to be made within 90—or even 30—days after an accident. Thus, the wisest choice is to find a personal injury lawyer to act as quickly as possible. Moreover, as time passes, evidence can become lost, witnesses’ memories fade, and your chances of recovering maximum damages 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 faster you can receive the compensation you deserve. The Eskesen Law Firm will help ensure you receive fair compensation for your injuries, so contact them today. Your initial consultation is free.