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.
