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Undocumented immigrants and injury claims: You have rights, too

In Arizona, undocumented immigrants and migrants often face unique challenges after being injured in accidents. Fear of drawing attention to their immigration status can make them hesitant to seek medical treatment, report an accident and/or pursue compensation through the legal system. 

While this kind of hesitation is absolutely understandable, it is important to know that undocumented injury victims have the same right to justice as anyone else. Arizona state injury laws focus on holding negligent parties accountable, not on a victim’s immigration status. With that said, the current political and social climates affecting undocumented persons are undeniably risky and stressful. This is just one of the many reasons why injury victims can benefit from seeking legal guidance instead of attempting to pursue justice on their own. 

Taking action after a personal injury 

Whether an injury occurs as a result of a car accident, at work or on unsafe property, undocumented victims are entitled to seek damages for medical bills, lost wages and pain and suffering. Courts in Arizona and across the country have consistently recognized that everyone deserves protection under the law when harmed by another’s negligence. This principle helps to better ensure that businesses, drivers and property owners cannot escape responsibility simply because a victim happens to be undocumented.

Unfortunately, insurance companies, businesses and individuals may try to exploit fear or lack of legal knowledge to pressure undocumented victims into accepting low settlements or abandoning their claims altogether. Adjusters may ask questions designed to intimidate victims into silence. That is another reason why legal representation is important for undocumented injury victims. An experienced personal injury attorney can push back against these tactics, make sure the focus stays on the facts of the accident and work to ensure that victims receive the compensation they deserve.

Filing a personal injury claim is not the same as disclosing immigration status to federal authorities. Attorneys are bound by confidentiality rules, and courts generally do not allow immigration status to be used to distract from the central issue of negligence. In the vast majority of cases, this information is simply not relevant to whether someone was hurt and deserves recovery.

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