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Many immigrants involved in car accidents are unaware that regardless of immigration status, they have the right to sue for injuries caused by the negligence of others, and have the right to claim earnings lost as a result of their injuries.
Immigrants in Connecticut had an important legal win in a recent court ruling. The Superior Court in Litchfield ruled that in a personal injury claim, the defense was prohibited in asking any questions regarding immigration status, requesting documentation regarding status and/or asking questions related to entry into the country.
Attorneys argued that questions such as the above are not reasonable and do not lead to the discovery of admissible evidence relevant to a personal injury claim. Instead, such questions were designed to intimidate, oppress and harass the plaintiff.
That strategy has discouraged undocumented immigrants from claiming compensation for their losses and injuries. Unable to speak English and tragically unaware that they have the right to retain a lawyer who can secure all of the same benefits that a U.S. citizen is entitled to under the same circumstances, immigrant workers in this situation are often gripped by a powerful fear that making a claim will result in immediate deportation. However, the fact of the matter is that such a fear is far from the truth because the court agreed and ordered the protection of the plaintiff.
In addition, the court ordered that the defense could not inquire into plaintiffs’ identification documents submitted to receive a driver’s license, whether they have a green card, visa or passport, whether they are a U.S. citizen or a citizen of another country, whether they have a social security number or other tax identification number or the manner in which they entered this country.
This decision will have tremendous impact in the State of Connecticut and its large immigrant community.
This new ruling gives immigrants the chance to pursue a personal injury claim and alleviates the financial pressures resulting from mounting medical bills and treatment. It also allows them to seek compensation for their pain and suffering without requiring them to live in fear regarding their immigration status.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Tribuna CT