Can Immigrants Sue for Personal Injury Damages

If you have suffered personal injuries as a result of an automobile accident, and it was the other driver’s fault, you have the ability to sue the other driver to recover your losses. An experienced attorney can assist you through the process of dealing with insurance companies, medical offices, the defendant, etc. What if you are a legal USA immigrant? Does the law provide protections for people who are not citizens of the United States of America?

When it comes to legal immigrants, the courts have made it clear. Legal aliens have the right to sue because the U.S. Constitution gives those rights under the Equal Protection Clause of the Constitution. Just as legal immigrants have the right to work, live in states, and hold a job, they can also file lawsuits against citizens and other legal immigrants. Immigrants can also be recruited for the armed forces, and their children can attend public schools.

When it comes to undocumented workers, the laws are a bit murkier. Traditionally the states have decided whether undocumented immigrants have the same protections as documented immigrants. In the Commonwealth of Virginia, the Virginia Supreme Court has determined illegal immigrants do have the same rights as legal immigrants when it comes to personal injury cases. They can sue to recover damages, including even lost wages. When cases are brought to trial in Virginia, is it not permissible to bring up the immigrant’s immigration status.

blog post image for can immigrants sue for personal injury damages with photo of mature man making a phone call after a car accident. It is clear both illegal and legal aliens living in the Richmond, Virginia region can sue for damages after an auto accident regardless of their status. Personal injury recovery settlement eligibility is not dependent on an individual’s legal status in the United States.

If you have been injured in an auto accident, Epperly & Follis, P.C. wants to help with your claim. They have the experience necessary to fight for your rights. You can call them today at 804-648-6480 to get started with your case.


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We know the law, we know victims’ rights, and we want to help you make informed decisions about your personal injury case. Please contact Epperly & Follis, P.C today for a free legal consultation.

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