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Can an Undocumented Immigrant Pursue a Personal Injury Claim?

Young Hispanic man holding his back in pain after a car accident.

If You Are an Undocumented Immigrant in Georgia, You Have Rights

An undocumented immigrant (sometimes referred to as an “illegal immigrant”) is a person residing in the United States without a valid immigration status, such as an expired work visa or green card. When they are injured, most undocumented immigrants do not seek out medical or legal help, suffering in silence for fear of deportation.

Many believe or are told they have no rights in the U.S. This is untrue.

All people, regardless of immigration status, are protected under Georgia law and have the right to pursue compensation for their pain and loss.

If you or a loved one who is undocumented has been injured and has questions about whether or not you have a personal injury case, speak with a personal injury lawyer at (770) 934-8000. A Gary Martin Hays & Associates attorney will listen to your story and provide a free case evaluation.

Undocumented Immigrants and Car Accident Injuries

Everyone who resides in the state of Georgia has the right to seek and recover damages if they were injured as a result of someone else’s negligence. Immigration status does not matter in the eyes of the law within this context.

Understandably, many undocumented immigrants are wary of anyone involved with the law. However, it’s important for injured victims to seek the help of an experienced personal injury lawyer when they need it.

For a Georgia personal injury lawyer, there is no difference between a citizen and non-citizen. Anyone can be a potential plaintiff who deserves justice.

Even if a person doesn’t have a valid driver’s license or vehicle insurance at the time of a car accident, they still may be able to recover compensation from the at-fault person’s insurance.

Undocumented Immigrants and Workplace Injuries

Many undocumented immigrants work in dangerous jobs, such as construction or agriculture. They fear reprisal from their employers if they try to seek compensation after suffering injuries on the job.

However, if an undocumented immigrant is injured while working (even if they lack a valid work visa), they still have the right to talk to a lawyer and seek compensation.

In some cases, an injured undocumented immigrant may be able to receive workers’ compensation for lost wages and medical treatment. Most employers in the U.S. are required to have workers’ compensation insurance in case a worker sustains an injury on the job.

Every case is different, so it’s important undocumented immigrant workers explore their rights with an experienced and compassionate attorney who understands workers’ compensation law. Employers who attempt to take advantage of an undocumented worker’s status should not be allowed to get away with such behavior.

Personal Injury Lawyers and Client Confidentiality

Will seeking compensation for an injury result in you being deported? No. Your immigration status does not impact your case or result in any consequences related to immigration to deportation.

8 USC § 1227 lists the types of offenses or situations for which a person may be deported — filing a personal injury claim is not among them.

The Georgia courts have ruled that one’s immigration status is not only irrelevant in personal injury cases, but also inadmissible as evidence. If a case goes to trial, this means the judge cannot be biased toward an undocumented immigrant plaintiff and a jury will never hear about their immigration status.

Additionally, a person who hires a lawyer to protect their rights is protected by attorney-client privilege. Attorney-client privilege is an important part of the legal system. It protects communications between attorneys and their clients.

Under Georgia law, certain conversations between an attorney and client are deemed confidential. They cannot be used as evidence in a trial or seen by the opposing party during the investigation phase of litigation.

This privilege allows a client to engage openly and honestly with their attorney without stress or worry that what they say will be given over to the opposing side or immigration authorities and used as evidence against them.

Furthermore, it is illegal for attorneys to prevent an undocumented immigrant from filing a personal injury claim by threatening to turn them over to immigration officials.

Georgia Undocumented Immigrant Personal Injury Lawyer

At Gary Martin Hays & Associates, our team understands the tenuous circumstances many undocumented immigrants face in the U.S. Trust is hard to come by and discretion is an absolute must.

It’s our belief that every person, regardless of immigration status, deserves a chance to be heard. Undocumented immigrants deserve to hold those who injured them due to negligence or malice accountable and receive financial compensation for their hardships.

We have offices all over Metro Atlanta ready to represent clients across Georgia for personal injury cases. Our team will fight to get you the justice you need.

Contacting Gary Martin Hays & Associates is free and all conversations are confidential. Our Zero-Fee Guarantee means you pay nothing upfront and only pay us if we win your case. Contact us today to learn your rights!

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