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Immigration Law (USA)

Can an illegal alien legally file a personal injury lawsuit?


Yes. There is no current prohibition against an illegal alien making a claim for personal injures resulting from an accident in New York. Even if you are undocumented, you can file a lawsuit for personal injuries in New York. In a 2005 decision out of Nassau County Supreme Court Judge Ira B. Warshawsky allowed not only for illegal aliens to receive compensation for medical benefits and lost wages as well as pain and suffering, but for proven future lost earnings as well. Echeverria v. Estate of Lindner 7 Misc.3d 1019(A), 801 N.Y.S.2d 233 N.Y.Sup.,2005. Therefore, undocumented aliens need not fear bringing a law suit to recover money damages for personal injuries.

You should not fear threats of deportation. It is not legal to threaten prosecution of a criminal matter to gain an advantage in a civil matter. Additionally, the fact that you are undocumented is irrelevant to your claim.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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