Anyone can suffer injuries in an accident. If you get hurt because of someone else’s negligence, you have the right to seek compensation for your losses. This right applies to anyone who gets hurt in an accident in North Carolina, regardless of their immigration status.
If you’re an undocumented immigrant in North Carolina, you might still have concerns about your legal rights. And understandably, you likely want some additional assurance before you feel comfortable filing a claim.
The dedicated Raleigh personal injury attorneys at Younce, Vtipil, Baznik & Banks, P.A., understand the challenges you are facing but want to reassure you during this difficult time. We are proud to represent our injured neighbors regardless of their immigration status and have been doing so for many years. Our experienced legal team has the knowledge and resources necessary to help you navigate the legal process and pursue the compensation you deserve. We offer compassionate, personalized attention to each client, and our staff members can answer your questions in English or Spanish.
Contact us now for a free and confidential consultation to learn more about how we can help you. You won’t owe us a fee unless we secure you compensation. We will always treat you with the respect and dignity you deserve.
The Role of Immigration Status in a Personal Injury Case
No laws specifically bar non-U.S. citizens, documented or undocumented, from filing personal injury claims. Anyone who suffers preventable injuries in North Carolina has the same right to pursue compensation for their losses.
The United States Supreme Court has determined that the Constitution’s due process and equal protection clauses protect all individuals in the United States, regardless of their citizenship or immigration status. That means documented and undocumented immigrants have a legal right to file insurance claims and personal injury lawsuits in the U.S.
While the law does not bar you from seeking compensation as an immigrant, you might still have concerns about the consequences of taking legal action in a public court. For example, you might worry that the other side’s attorneys could undermine your case or put your freedom at risk by investigating your immigration status. However, in North Carolina, it is unethical and improper to use someone’s immigration status as evidence against them in a civil case, such as a personal injury lawsuit. An experienced injury attorney can take steps to bar evidence of your immigration status from admission to the court through a process known as “motion in limine.”
Furthermore, most personal injury claims never make it to trial at all. Instead, injured individuals usually get compensation from out-of-court settlements with the at-fault party’s insurance company. These negotiations happen outside the judicial system, so there’s generally less cause for concern when it comes to immigration status. Nevertheless, working with the dedicated legal team at Younce, Vtipil, Baznik & Banks, P.A., can give you the assurances you need to feel comfortable seeking the compensation you deserve regardless of immigration status.
