Can undocumented immigrants sue in Louisiana?
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Being an undocumented immigrant in the US can be a stressful situation. According to the American Immigration Council, the number of undocumented immigrants in Louisiana—70,000—make up 36% of the total immigrant population, which in turn makes up about 4% of the state’s total population.
Additionally, undocumented immigrants face added stress if they are victims of an accident and become severely injured, causing them to incur medical bills or lose a job. Speaking with a Louisiana personal injury attorney is a great way to begin to alleviate these concerns.
who is an undocumented immigrant?
Simply put, undocumented immigrants are citizens of other countries who do not have the proper authorization to be present in the United States. There are two main ways that undocumented immigrants could end up in the United States. Some immigrants come to the US and bypass all of the immigration procedures. Others may have initially had the proper authorization to be in the country but stayed once their authorization had expired. Regardless, they often face several challenges here.
no citizenship requirements to file a personal injury lawsuit
Undocumented immigrants often worry whether US or Louisiana law would even allow them to file a personal injury lawsuit. The short response to this concern is that there is nothing barring an undocumented immigrant from filing a lawsuit in a state court.
The Louisiana State Constitution provides that the court system is open and available to everyone, regardless of their citizenship and immigration status. This means that everyone, even undocumented immigrants, have the power to form contracts and sue to enforce those contracts in the state courts. Undocumented immigrants should understand that they do have the power to file such a lawsuit. Consulting with a personal injury lawyer is a good first step in understanding your rights.
Immigrants, both documented and undocumented, work some of the most dangerous jobs. Oftentimes, undocumented workers might sustain very serious and potentially even life-threatening injuries from working these jobs and not be sure if there is anything that can be done about it. This is particularly true in situations where undocumented workers aren’t given healthcare or worker’s compensation benefits by their employers.
Employers often hire undocumented immigrants because it is less expensive for them. Besides not having to pay as much in wages, they may avoid paying for things like health insurance. It is important for everyone to understand that immigrants are protected under the law and are able to seek compensation through personal injury lawsuits. A Louisiana personal injury lawyer can advise you more specifically on what your rights are.
In order to prove that someone else is liable for your injuries, you must prove that they acted irresponsibly in some way. In order to prove negligence, you must show that the other party was obligated to act in a certain way, that they didn’t comply with this standard, that this failure to act appropriately caused your injuries, and that you did, in fact, suffer compensable damages.
what to do after an accident?
After an accident, an undocumented immigrant and their family might have more questions than other accident victims. When it comes to the specific questions regarding the unique details of your case, a personal injury lawyer near you will likely be the best person to answer those. However, it can also be helpful to have a general understanding of what an accident victim should do after they sustain an injury.
1. Seek Medical Attention
First, seek medical attention for your injuries soon after your accident. When talking with a medical professional, be clear and honest about how you are feeling and what your injuries are, but keep the conversation focused on your medical needs.
There are a few reasons to seek medical attention quickly. For starters, certain injuries might worsen if left untreated. Additionally, the opposing side may argue that your injuries are not as bad as they seem or that they are unrelated to the accident.
2. Document Everything
Facts form the basis of personal injury lawsuits. As such, document the facts as thoroughly as possible. If you are dealing with something at your workplace, let your employer know what happened.
If the police arrive on the scene of your accident, give them the full side of the story. After you have reported the details of what happened to the proper authorities, take pictures and/or video of the scene. Another way to personally document things is to write down all of the details that you can remember about what happened while they are fresh in your memory.
3. Talk to a Personal Injury Lawyer
You can get answers to questions you have by speaking with a personal injury lawyer in your area. Searching the internet and reading up on personal injury law yourself may be a good place to start, but it’s best to speak with an experienced attorney. An initial consultation with Zinda Law Group attorneys is 100% free.
what is my case worth?
One of the main reasons accident victims file personal injury lawsuits is to recover compensation for the losses that they incurred. For this reason, many victims want to know what their case could actually be worth in plain dollars and cents. Unfortunately, there is no simple way to accurately estimate the value of your case. Generally, however, compensation you receive falls under a few categories.
Economic damages refer to monetary losses incurred as a result of your injury. They include things like medical bills, the costs of replacing damaged or destroyed property, and lost wages from being unable to work. Economic damages, being objectively verifiable, can generally be proven to a fairly high degree of certainty through things like receipts or bills.
Non-economic damages compensate accident victims for the pain and suffering that they experience as a result of their injuries. There is no way to objectively assign a numerical value to pain and suffering. Still, the general rule is that more severe injuries require more compensation.
Punitive damages are available when a wrongdoer acted in a particularly reckless or even purposeful way. Whereas the first two categories of damages are intended to make a victim whole after they have suffered an injury, punitive damages are intended to punish the person who caused the injury and prevent similar conduct from others.
Call zinda law group today at (800) 863-5312 for a 100% free consultation
Dealing with the fallout from an accident that caused an injury can be an extremely trying time for anyone, and even more so for undocumented immigrants. Fortunately, there is no need to go through it alone. The personal injury lawyers at Zinda Law Group have the experience and the resources necessary to effectively fight for maximum compensation for your injuries.
Additionally, we don’t charge you anything until we win your case for you—that’s our No Win, No Fee Guarantee. Injury victims have nothing to lose by reaching out and discussing your case, so give us a call today.
Meetings with attorneys are available by appointment only.