Photo of an immigration law book and a gavel

Can an Undocumented Immigrant File an Insurance Claim?

Photo of an immigration law book and a gavel

No one should endure pain and suffering, including undocumented immigrants. Believe it or not, illegal immigrants actually have more rights than you may think. For instance, undocumented immigrants have the right to seek aid from a professional legal team. Fundamentally speaking, undocumented immigrants in the United States have the same rights that any US resident has during their stay.

The common worry for immigrants in the event of an accident is, “Will I get deported once they collect my information?” It is an understandable fear, but usually, authorities do not collect that information at the time of the incident. For example, during a car accident, police might ask for personal information, a driver’s license number, and the location of the accident. They don’t just run your information through a computer and take you to the courts for deportation. It just simply does not work that way.

Depending on the nature of your accident, you may be entitled to compensation. This compensation includes medical expenses, property damage, emotional distress, and much more. Naturally, the applicable forms of compensation for you are going to depend on the nature of your case. To ensure your best outcome, you are going to want to buddy up with a team of skilled lawyers.

That’s where The Ward Law Group comes in. Our team of lawyers has over a decade of experience in handling all kinds of compensation claims. We are passionate about getting you the compensation that you rightfully deserve. In addition, The Ward Law Group also serves both the English- and Spanish-speaking communities. So, don’t worry if English is not your primary language. The Ward Law Group is here to help you every step of the way!

Common Types of Claims that We Settle

According to the Statista statistics portal, unintentional accidents or injuries were the third leading cause of death in the United States during the year 2016. This translates into about 5.9% of the deaths reported for that year alone.

A large portion of these accidents was preventable, with the cause of the incident being directly related to the negligence of a third party. Of course, there is always the chance for a freak accident to occur, but generally speaking, personal injury incidents are almost always preventable. Here are a few examples of accidents that our firm has experience dealing with:

  • Car Accidents: Car accidents happen every day across the country and are one of the biggest culprits for incidents that result in personal injury. These injuries vary from mild, to catastrophic, such as dismemberment or death.
  • Medical Malpractice: Sometimes, medical treatment does not go as planned. Perhaps your doctor misdiagnosed your condition or maybe he or she gave you the wrong medicine. In such cases, you may be entitled to compensation if it results in some degree of damage to you.
  • Defective Products: Manufacturers owe a certain responsibility to their consumers to ensure that their products are safe to use. When they fail to meet these criteria and it results in damage to you, then you may be entitled to compensation.

Of course, these are just a few common examples of the claim types that we cover. Obviously, there are plenty of ways out there to get hurt. For example, here are some more of our practice areas:

  • Slip and fall accidents
  • Premises liability accidents
  • Bus accidents
  • Boating accidents
  • Uber/Lyft accidents
  • Uninsured motorist accidents
  • Hit-and-runs
  • …and much more.

Types of Personal Injuries & Compensation

It’s a big world out there, full of possibilities. Personal injuries are a rather broad subject and they come in all different shapes and sizes. There are, of course, minor injuries that still require medical evaluation to more disabling conditions that may very well affect the remaining course of your life. No matter what your situation is, you are not alone. Here are a few examples of injuries that some of our clients have had to contend with:

  • Internal bleeding
  • Blindness
  • Bone fractures
  • Spinal cord injuries
  • Traumatic brain injuries
  • Disc herniations
  • Dismemberment
  • Death
  • …and more.

No matter the nature of your condition, you are going to need an experienced team of lawyers behind you to help you every step of the way. This will help you maximize the potential of your claim’s success. With the proper legal guidance, you may be able to receive the following forms of compensation:

  • Medical Treatment: Personal injuries always incur medical costs if you plan on maximizing your claim. Even if you have sustained minor injuries, you should always seek out medical evaluation to bolster your case. You may be entitled to reimbursement for all current and future medical care.
  • Loss of Consortium: When your injury affects your ability to have a healthy relationship with your spouse, you may be entitled to reimbursement for that fact. For example, if you can no longer maintain a sexual relationship with your significant other, that counts as a loss of consortium.
  • Pain and Suffering: This one is a bit complicated, so your team of lawyers will need to work together to carefully calculate the extent of your emotional distress. This is typically associated with more serious accidents that cause issues such as post-traumatic stress disorder.

Will I Get Deported?

With the tightening up of federal immigration laws, there is always a chance of being arrested by Immigration and Customs Enforcement (ICE). Furthermore, it is unclear currently as to how ICE goes about reviewing and identifying those who may be in violation of immigration laws in the United States.

Basically, there is always a risk. Especially if you go to court and are convicted. In such instances, the judge or probation department overseeing your case may report your citizenship status to ICE. So, naturally, it is also going to depend on the leniency of those two parties. There are some judges who always order their defendants to report their status to ICE as part of their probation criteria. This, however, may be against your fifth amendment right, which protects you against self-incrimination.

So, what should you do? Well, no matter what, the best thing you can do is to make an appearance in court, regardless of your status. If you fail to appear in court, this will only make matters worse, as the police will then obtain a warrant to arrest you. If you do get arrested because of this, it will make a number of things more difficult for you. For instance, the judge or prosecutor might not be as easy on you, or you may find it harder to obtain a bond.

In general, you want to lawyer up, only divulge information with your legal team, and show up to court when you are called. If you follow these steps, there is always a chance that you will be shown leniency and avoid deportation.

Contact Us

No matter the status of your citizenship, The Ward Law Group is here to help you during these trying times. Our lawyers have over a decade of experience and they know how to maneuver the confusing legal aspects of your case. They will work tirelessly to protect you from profit-hungry insurance adjusters that are only out to make sure that you walk away with the littlest settlement humanly possible. In addition, they will work to use your language against you if you do not speak English. Don’t let them get away with it! The Ward Law Group is here to protect you against these people and they are passionate about making sure that you walk away from your case satisfied with the outcome.