The short answer is yes. The legal status of the plaintiff does not affect that person's right to be compensated for personal injuries. He/she is entitled to non-economic damages and economic damages which would include past and future medical expenses.
Minh T. Nguyen, Esq.
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The answer to your question is yes. In fact, there is a form that the insurance company can provide to the claimant which has a box on the first page that the claimant can check-off indicating that he/she is not and has not received Medicare benefits. Then, on the second page of this form, there is a place for the claimant to sign stating that he/she declines to give their social security number. With all of that said, though, this individual should really consider consulting with a local attorney before dealing any further with the insurance carrier.
This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.Ask a similar question
This is not an immigration question. It is very state specific.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.Ask a similar question
Not an immigration law question.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.Ask a similar question
Yes they can. Immigration status will not affect recovery of special and general damages, but may affect recovery of future loss of earnings if there is such claim. In that case loss of future earnings cannot be calculated/projected based on US earnings. In other words, if injured party cannot demonstrate that he or she is legally allowed to work for compensation in the United States, he or she will not be entitled to future earnings based on U.S. wages.
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In most cases, status is not relevant to whether they suffered injuries or damage as a result of the negligence of another automobile driver. Most insurance companies require social security numbers to do checks on claimants and to verify with medicare. Unless the injury claimant provides this, there may be an issue with settlement of the injury claim. Call a local accident attorney for legal help.
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Almost every court will exclude from evidence the fact a person is undocumented. You should hire an attorney to represent you and work through these issues. It should be handled the same way as if you were a tourist from Canada who also does not have an United States SS#.
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Yes, they can still collect money for general damages (such as pain and suffering), however some types may be limited or unavailable to them as a result of legal status. Have this person speak with an attorney right away to guide them through the process.
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Yes, you can!
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