Can I File a Personal Injury Claim If I’m Not a U.S. Citizen?
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The 14th Amendment of the U.S. Constitution provides for the legal rights of all people--including U.S. citizens, legally admitted residents, or undocumented immigrants--to seek due process while in the United States. If you are injured through the negligence of another person but are not a U.S. citizen, you may be hesitant and unsure if you can pursue your personal injury claim. However, you may indeed be entitled to damages from the liable party.
If you or a loved one is not a U.S. citizen but has been injured in an accident, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our personal injury attorneys.
No Citizenship Requirement
State laws and regulations do not allow discrimination against non-citizens when they seek damages for injuries sustained in an accident. Therefore, in the United States, citizenship is not a requirement for filing a personal injury claim. Whether you are a U.S. citizen or not, you still have the right to file a personal injury claim.
If the accident occurred in Texas, that is adequate grounds to bring a personal injury claim in the state, regardless of your country of origin. As long as the court can satisfy personal jurisdiction over the defendant, the court should be able to proceed with the case.
Personal jurisdiction is the power that a court has to make a decision over a party being sued. This refers to the court’s jurisdiction over the defendant. Personal jurisdiction can be established in one of four ways:
- Domicile/Place of Business: If the party you are suing is a resident of Texas or their principal place of business is in Texas, the court would likely be able to establish personal jurisdiction over them.
- Consent: If the other party shows up in court in Texas or if they were driving on the roads in Texas, then they consented to personal jurisdiction in Texas.
- Minimum Contacts: This usually refers to businesses that have minimum contacts with the forum state and if the action giving rise to the lawsuit relates to those minimum contacts.
- Presence: If the party is present in the state when they are served with a copy of the complaint, this would also satisfy personal jurisdiction.
How Defendants Try to Use Your Citizenship Against You
Once personal and subject matter jurisdiction is satisfied, the defendant may try to use your citizenship against you.
One tactic may be to argue that a U.S. court is not the best place to bring the claim and that you should bring the case in your home country. However, if the incident occurred in the U.S., then it is likely that a state court would be the best place to hear the case.
If you have suffered a personal injury, don’t let your citizenship get in the way of seeking the compensation you deserve. A personal injury attorney can help assess the best course of action for your injury claim.
Get Help from Our Personal Injury Lawyers
If you have a personal injury claim, Zinda Law Group can help you navigate the process. Our personal injury lawyers have experience in various types of personal injury claims. We have the knowledge and resources necessary to help you seek maximum compensation for your damages.
Our firm also believes that an accident victim should never have to worry about the ability to afford excellent legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your personal injury case. That’s our No Fee Guarantee.
If you or your loved one has been injured in an accident, call Zinda Law Group at (800) 863-5312 to receive your free consultation with our personal injury lawyers.
Meetings with attorneys are available by appointment only.