As we enter this Presidential election season, there is perhaps no more controversial a topic than immigration. According to the Pew Research Center, the monthly encounters of migrants at our southern border has steadily increased since 2020, with approximately 250,000 migrants per month now crossing into the United States. Those migrants or undocumented immigrants end up residing in places throughout the country, including Illinois. Indeed, an estimated 34,000 migrants or undocumented immigrants have arrived in Chicago since August 2022.
In our role as Chicago-based attorneys who represent individuals and families of those seriously injured or killed by negligent third-parties, we have represented people with a variety of immigration statuses, including undocumented immigrants. Indeed, those folks are often some of the most vulnerable members of our communities and fearful of their immigration status — and therefore can fall prey to unfair business practices or scare tactics with veiled threats of potential deportation or contacting U.S. Immigration and Customs Enforcement (“ICE”).
One question we are increasingly asked is how does a person’s immigration status impact their ability to pursue a personal injury claim in Illinois? The short answer is a person may pursue a personal injury or wrongful death claim regardless of their immigration status.
In other words, undocumented immigrants generally have the same rights to pursue a personal injury, medical negligence, or wrongful death claim as any other US citizen.
Unfortunately, the same scare tactics or bullying used by dishonest landlords and other businesses to prey on undocumented immigrants are often used by insurance companies following motor vehicle crashes. The insurance companies may reject claims or offer lower settlements to persons based on their undocumented immigration status; or worse, suggest that the person might be deported if they make an injury claim.
Important to Contact an Experienced Injury Attorney
The best thing for an undocumented immigrant seriously injured in an accident caused by someone else to do is contact an experienced injury attorney as soon as possible. At Passen & Powell, our staff speaks multiple languages, including Spanish and Polish, and will be able to advise you of your rights, investigate your case, and speak to the at-fault party’s insurance company on your behalf.
There are several nuances in the types of damages that might be recoverable for non-citizens, as well as certain time constraints that make it important to contact an injury attorney as soon as possible.
For a Free and Confidential Consultation with one of our attorneys, call Passen & Powell at 312-527-4500.