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What rights do illegal aliens have to make personal injury claims.

West Palm Beach, FL |

a friend of mine, who is not in america legally, was in a car accident where he was rear ended by an 18 wheeler and has serious injuries. I told him he should speak with a PI attorney, but obviously he is nervous about deportation. Does he have any legal rights? Is there anything that I could tell him to refer too which will confirm he has legal rights. Thanks.

Attorney Answers 13


  1. Best answer

    My office handles lots of undocumented worker cases in Texas, but it's pretty much federal law that it's not relevant to the suit. In the one case I've heard of the other side reporting someone, $25,000.00 in sanctions were granted as the judge found it akin to extortion.

    He should find an attorney ASAP.


  2. Sorry to learn about your friend. Absolutely, and without further delay, have your friend contact a local and qualified personal injury litigation attorney. The attorney will protect your friends rights and help him to be treated fairly. This is important. Search Avvo, call your state's trial lawyers association, ask those you trust and respect for recommendations. Interview a few lawyers. Look to hire the one who he is most comfortable with and confident in. Good luck,

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. I am assuming this accident occurred in Florida. He does have legal rights. If he is undocumented that should not be relevant to how the accident occurred, who was at fault, the relative fault of either party, and the injuries and non-economic damages such as pain and suffering, mental anguish, as well as medical bills now and in the future. The only relevance that could be at issue is regarding lost wages/loss of earning capacity. If he is not paying taxes then one has to consider whether to make a lost wage claim/loss of earning capacity and evaluate whether such a claim should be made under te facts of this case. Without doubt he should speak with an attorney as soon as possible to evaluate these issues, and his potential case.

    This answer does not establish an attorney client relationship. Only those persons who have signed a retainer agreement and paid a retainer have established an attorney client relationship with me and my firm.


  4. speak with a PI attorney


  5. Your friend's status as an illegal alien does not impair his ability to assert a claim for injuries suffered by the wrongs of another person. If your friend has serious injuries, it is important that he speak with a qualified and aggressive attorney who is experienced in handling trucking cases as soon as possible. Your friend's ability to protect his rights, and potentially those of his family, depends upon his selection of appropriate counsel.

    For more informatin, visit, or have your friend visit, my Firm's website via the links below.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax


  6. Your friend has rights to persue a claim for damages. Please review my web page to see if it answers any questions you or he might have. I practice in Palm Beach County and might be able to answer your specific questions.


  7. Your friend has a right to bring a claim even though he is not here legally. Of course, his residency status will be addressed and although unlikely, it is impossible to predict if his status is somehow reported. This is not uncommon but it does pose some concerns. Good luck


  8. Same rights as everyone else. Have him get a top-rated Avvo attorney with a low contingency fee.


  9. A: Same as everyone else.

    Negligence does not only occur against citizens; tourists, resident aliens, illegal aliens, Everyone has the right in our courts to seek redress for others negligence creating damages.

    Have your friend call a lawyer ASAP.


  10. Yes, he absolutely has legal rights. He needs to speak to an experienced Personal Injury Lawyer as soon as possible.

    This information is for general purposes only and should not be construed as giving legal advice, or as establishing an attorney-client relationship. Since each case is unique and every state has their own unique laws, any questions should be addressed with an attorney in your state.


  11. Your friend's immigration status cannot prevent him from seeking adequate compensation for his injuries. I handle similar cases at my office, those involving 18 wheeler or tractor trailers with individuals dealing with immigration issues. His rights include, but are not limited to seeking compensation for his past, present and future medical expenses and pain suffering.
    Don't delay, speak with a personal injury lawyer soon or call my office for free consultation.


  12. His illegal status does not affect his ability to bring a personal injury claim and it does not void his claim.

    If this is a Florida accident, your friend needs to seek medical treatment as soon as possible so as not to limit his Personal Injury Protection coverage. There have been recent statutory changes to this coverage which your friends personal injury attorney, I'm sure, will be familiar with.

    What your friend discusses with his lawyer is confidential.He should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  13. Your friend is entitled to compensation, regardless of his immigration status. He should immediately, if not sooner, consult with a personal injury attorney.

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