Yes, undocumented people can file personal injury lawsuits in North Carolina. In general, being undocumented does not prevent an injured person from bringing a civil claim. In fact, Ricci Law Firm Injury Lawyers has secured compensation for undocumented clients in the past. Our North Carolina personal injury attorneys made sure to protect their identities and immigration status.
You may be concerned that seeking compensation could create problems because of your immigration status. We know the worries and we’re on top of it. Let’s discuss what undocumented people can expect when filing a personal injury claim and how immigration status could impact different aspects of your case.
If you’ve been hurt, our law firm can help. Consultations are free and completely confidential. For a free case review, contact Ricci Law Firm Injury Lawyers today.
Key Takeaways:
- Undocumented immigrants can file personal injury lawsuits in North Carolina. When this happens, our law firm will take care to protect the undocumented client and not disclose their immigration status.
- While a personal injury claim will not automatically trigger a deportation proceeding, filing a lawsuit could potentially bring up an immigration-related issue. It’s best to discuss these worries with your personal injury attorney and consult with an immigration lawyer as well.
- Undocumented workers injured on the job can receive workers’ compensation benefits. In the 1999 case Rivera v. Trapp, the North Carolina Court of Appeals reaffirmed the North Carolina Industrial Commission’s decision to award workers’ comp to an undocumented worker.
Can Undocumented Immigrants File a Personal Injury Lawsuit in North Carolina?
Yes. An undocumented immigrant can pursue a personal injury claim in North Carolina when another party’s negligence causes an injury. Immigration status does not automatically eliminate the right to seek compensation for injuries caused by someone else’s negligence.
A personal injury claim is a civil matter. The North Carolina Judicial Branch explains that civil cases can include personal injury claims and may result in an award of money or another civil remedy.
When Can Undocumented Immigrants File a Personal Injury Lawsuit?
Potential personal injury claims can arise from:
- Car wrecks
- Large truck accidents
- Motorcycle crashes
- Bike and e-bike collisions
- Pedestrian accidents
- Slip and fall injuries
- Unsafe property conditions
- Defective products
- Construction-related accidents involving third parties
- Other acts of negligence that cause bodily injury
The facts still matter. A person must establish the elements of the particular claim, including that another party was legally responsible for the injury and that the injury caused compensable losses.
How Long Do Undocumented Workers Have to File a Personal Injury Lawsuit?
North Carolina also has deadlines for bringing civil claims. Under N.C. Gen. Stat. § 1-52, many personal injury actions are subject to a three-year statute of limitations, although exceptions can apply depending on the circumstances.
Waiting because of concerns about immigration status can therefore create a separate problem: the claim could become harder to pursue if a legal deadline expires.
Will Filing a Personal Injury Claim Trigger Deportation Proceedings?
There is no general rule that filing a personal injury claim automatically starts deportation proceedings. A personal injury claim is a civil matter, while immigration enforcement is governed by federal law.
However, our law firm cannot promise that pursuing a claim will never create an immigration-related issue.
If you are undocumented and concerned about ICE or another immigration consequence, tell our personal injury attorneys about that concern. You may also want to consider obtaining advice from a qualified immigration attorney.
What Happens If an Undocumented Worker Is in a Car Accident?
If an undocumented worker is involved in a car accident caused by another driver, the accident should be treated first as an injury and insurance matter.
The injured person should:
- Seek medical attention for injuries.
- Report the accident when appropriate.
- Keep medical records and bills.
- Preserve information about the vehicles, drivers, witnesses, and insurance.
- Follow medical treatment recommendations.
- Speak with a personal injury attorney before making statements about the value of the claim.
Do I Need a Valid Driver’s License or Social Security Number to File an Insurance Claim?
Not necessarily. A driver’s license or Social Security number do not determine whether another person’s negligence caused your injury or whether you may have a civil claim.
Driving without a valid license can create separate legal issues. North Carolina’s DMV has its own requirements for obtaining a driver’s license, including documentation concerning legal presence for applicants who were not born in the United States.
Those requirements are separate from the question of whether an injured person has a personal injury claim. If you were injured in a crash, an attorney can evaluate the accident and explain how any licensing or immigration issues may affect the case.
Can Immigration Status Affect Liability in a Car Wreck Case?
A lack of lawful immigration status does not automatically make an injured person responsible for an accident caused by someone else.
A separate issue is whether the injured person was working when the accident occurred. If the accident happened while the person was working, workers’ compensation may be involved. North Carolina’s Workers’ Compensation Act defines an employee to include aliens, whether lawfully or unlawfully employed.
That does not mean every workplace accident is handled the same way. The circumstances of the accident, the employment relationship, and whether another party contributed to the injury can affect what claims are available.
What Damages Can an Undocumented Accident Victim Recover in North Carolina?
A personal injury claim may involve several categories of damages. The available compensation depends on the nature and severity of the injury and the evidence supporting the claim.
Possible damages may include:
- Medical expenses already incurred
- Reasonably necessary future medical treatment
- Lost income
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress when supported by the claim
- Property damage
- Other losses caused by the injury
Does Immigration Status Affect My Ability to Seek Compensation?
No. Immigration status does not mean an injured person simply loses the ability to seek compensation for medical treatment or the physical consequences of an accident. The more complicated question can be how certain financial losses are calculated.
For example, medical expenses can usually be documented through bills, treatment records, and testimony from medical providers. The same is true of many other economic losses when appropriate documentation exists.
An attorney may need to examine additional evidence when calculating lost income or future earning capacity. That can include employment records, the person’s work history, medical restrictions, skills, education, and other facts relevant to the person’s ability to earn income.
Addressing Common Fears: Court Appearances, Insurance Adjusters, and ICE
Fear of being identified or questioned about immigration status can discourage people from reporting accidents or pursuing claims. The same is true about courtrooms or hearings being interrupted by an ICE raid.
Those concerns should be discussed with an attorney. Do not assume that a personal injury claim cannot be filed or that you will face detention by ICE.
Concerns Over Civil Claims and Criminal Proceedings
An insurance claim and an immigration proceeding are different legal matters. Filing a personal injury claim is a civil legal action seeking compensation from a responsible party or an insurer.
North Carolina’s Judicial Branch identifies personal injury claims as civil cases, separate from criminal proceedings.
If immigration status is a concern, tell your attorney early. That allows the legal team to understand the situation before communicating with an insurance company or deciding whether litigation is necessary.
What Undocumented Immigrants Should Know About Court Appearances
Court appearances are not automatic for every personal injury claim. The North Carolina Judicial Branch states that most lawsuits do not go to trial and that many cases are resolved through settlement, mediation, or arbitration.
If a lawsuit does proceed, the court system has resources for people who need language assistance. North Carolina courts state that spoken-language interpreters are provided at state expense for limited-English-proficient parties in interest in most court proceedings.
An attorney can also explain what information needs to be provided, what documents may be requested, and what to expect at each stage of the claim.
How Immigration Status Impacts Claims for Lost Wages and Future Earning Capacity
Lost wages and future earning capacity can require additional analysis in an undocumented personal injury claim.
Suppose an injured person was working at the time of an accident and cannot work for several months because of the injury. The claim may include lost income if the loss can be established.
Future earning capacity can be more complicated. An insurance company or defense attorney may argue that a person without authorization to work in the United States cannot simply assume continued lawful employment in the United States when calculating future earnings.
Rivera v. Trapp: What This Case Means for Undocumented Workers in North Carolina
North Carolina case law involving workers’ compensation has addressed immigration status and an injured worker’s earning capacity. In Rivera v. Trapp, the North Carolina Court of Appeals rejected an argument that a worker’s lack of a Green Card or Social Security card necessarily meant he had no earning capacity for purposes of workers’ compensation.
Workers’ compensation and third-party personal injury claims are different legal systems, so that decision should not be treated as a universal answer to every personal injury case.
Important Evidence for Work-Related Injury and Illness Claims
The practical point is that lost wages and future earning capacity should not simply be ignored because someone is undocumented. Instead, the attorney should examine the evidence and applicable law before deciding how those damages should be presented.
Evidence may include:
- Past pay records
- Tax documents, when available
- Employer records
- Work schedules
- Bank records
- Statements from employers or coworkers
- Medical restrictions
- Evidence of the person’s work history and skills
The calculation can depend on the circumstances. A lawyer should explain what damages are reasonably supportable rather than promise that every category will be awarded.
Third-Party Personal Injury Claims vs. Workers’ Compensation
An injury at work can involve two different legal questions: whether the worker is entitled to workers’ compensation and whether another party may be legally responsible for the accident.
Workers’ Compensation After an On-the-Job Injury
North Carolina law specifically recognizes aliens within the definition of “employee” under the Workers’ Compensation Act, including people who are lawfully or unlawfully employed.
There are also specific statutory rules concerning unauthorized workers. For example, North Carolina law addresses circumstances in which an employer may establish that a worker knowingly misrepresented legal work status and that the employer relied on that representation when making the hiring decision.
Because of these rules, an undocumented worker should not assume that immigration status automatically determines whether workers’ compensation benefits are available.
How a Third-Party Personal Injury Claim Is Different
For example, consider a construction worker injured when equipment operated by another company malfunctions because of negligent maintenance. The worker’s relationship with the employer may create a workers’ compensation claim, while the conduct of another company may create a separate personal injury claim.
A lawyer can examine whether both types of claims are available and how they interact.
Ricci Law Firm Injury Lawyers handles both third-party personal injury and workers’ compensation matters throughout North Carolina. We’re on top of it.
How Ricci Law Firm Protects Injured Undocumented Victims
If you are searching for a personal injury lawyer for an undocumented immigrant in NC, the first step is to discuss the accident and your concerns with an attorney before assuming that immigration status prevents you from pursuing compensation.
Ricci Law Firm Injury Lawyers represents people in personal injury and workers’ compensation matters throughout North Carolina. That includes undocumented immigrants and undocumented workers.
- We Provide Free and Confidential Consultations: Many undocumented people avoid seeking legal help because they worry about the cost or being reported to ICE. At our law firm, we keep consultations free and completely confidential. Your privacy and well-being matters to us.
- We Keep Your Immigration Status Private: If you work with our law firm, we will keep your immigration status private. As we mentioned earlier, we have secured compensation for undocumented individuals in the past, and we did not make note of their immigration status when discussing their cases.
- We Offer Legal Services in Spanish: We know many undocumented people here in North Carolina are from Spanish-speaking countries. Ricci Law Firm Injury Lawyers provides legal services in Spanish so you can make informed decisions about your case and what steps to take next.
You Have Rights: Contact Our Law Firm for a Free and Confidential Consultation
If you have been injured, bring whatever information you have. That may include medical records, accident reports, insurance information, photographs, witness information, employment records, and correspondence from an insurance company. If you do not have every document, that does not mean you should wait to ask about your legal options.
For a free and confidential case review, contact Ricci Law Firm Injury Lawyers today.