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Immigrants’ Rights

by Halina Radchenko

Whether you are a documented or an undocumented immigrant, you have the same rights as every American citizen in a personal injury lawsuit. Many immigrants come to America seeking liberty and freedom but then fear enjoying either. This is especially true when it comes to any involvement with the law – many believe any legal attention is bad attention. This mentality is beyond detrimental in the personal injury context as this often is already the most difficult time in a person’s life. Getting compensation for your injuries will allow you and your family to recover physically, emotionally and financially.

At Hach & Rose, LLP, we understand why an uncertain immigration status will make one hesitant to come forward to report a wrongdoing. Without knowing you have the same rights as any citizen in bringing a personal injury lawsuit may make you fearful of deportation or another negative consequence. If anyone suffers an injury at the fault of another, they can and should seek compensation.

The courts of New York do, indeed, recognize the rights of undocumented immigrants to maintain actions to recover damages for personal injuries or unpaid wages.
– Supreme Court of New York in Thorpe v. City of New York

It is contrary to the public policy of New York State that a person who claims to be injured as a result of tortious conduct may be barred from pursuing that claim in the courts of this state based upon the resident status of the claimant. Defendants cannot negligently injure someone who is within this state legally or not, and then not be responsible to that injured person for the injuries sustained.
– Supreme Court of New York in Cano v. Mallory Mgmt.

Allowing the defendants to avoid any aspect of damages for which they would otherwise be responsible would facilitate exploitation of alien workers, and would unjustly enrich even scrupulous defendants.
– Appellate Division of New York in Majlinger v. Cassino Cont. Corp.

Don’t let the land of opportunity become your land of constraint. If you have been injured, defend yourself by allowing us to fight for you. Get a free and confidential consultation with Hach & Rose, LLP by clicking here.

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