If you are not a US citizen, can you file a personal injury lawsuit after you’re injured? YES! You can! It doesn’t matter if you’re undocumented, a tourist, or just someone living in Florida on a temporary visa; in most cases, your immigration status does not affect your ability to seek justice through the courts.
Can an Undocumented Immigrant Sue for Personal Injury in Florida?
One of the most common concerns people have is whether an undocumented immigrant can sue for personal injury. The short answer? Yes, you can.
In Florida, courts focus on the event that caused the injury, not your immigration status. If you were hurt in a car accident, a slip and fall, or another type of incident, you have the right to file a personal injury lawsuit in Florida, just like any other resident. Citizenship doesn’t determine whether you have access to the legal system — what matters is whether the injury occurred within the court’s jurisdiction.
For example, let’s say you were involved in a car accident in Miami. Even if you are undocumented or visiting from another country, the Miami-Dade County court would have jurisdiction over the case because the accident happened in its area. As long as the incident occurred in Florida, you can file a lawsuit, no matter your immigration status.
Jurisdiction and Your Right to Sue
The idea of “jurisdiction” is key here. Jurisdiction refers to the authority a court has to hear a case. In Florida, the courts have jurisdiction over events that happen within their geographical area. This means that if your injury happened here, the state courts have the authority to hear your case, no matter where you’re from.
Think of jurisdiction as the court’s power to decide your case. So, if you were injured in Miami, Florida, Miami courts can handle your case, regardless of whether you’re a U.S. citizen, an undocumented immigrant, or a tourist. This applies to all personal injury cases, including car accidents, medical malpractice, and slip and falls.
Do You Have to Be a U.S. Citizen to Sue in Florida?
One of the best things about the U.S. legal system is that it doesn’t discriminate based on citizenship. Whether you’re a U.S. citizen, a permanent resident, or just visiting on a tourist visa, the right to sue for personal injury is the same. In fact, Florida courts don’t even ask about your citizenship status when determining whether you can file a case.
Here’s an example: imagine you’re in Florida on vacation, visiting from Canada or the UK. If you get injured in a hotel slip-and-fall accident or a car crash, you can still file a lawsuit in Florida courts. The legal system focuses on the injury and whether the case falls under the court’s jurisdiction, not on your nationality or immigration status.
Can You Get Deported for Suing While Undocumented?
Another major concern for undocumented individuals is the fear of deportation. Many injured accident victims are afraid to file a lawsuit because they’re worried about getting deported.
In most cases, filing a personal injury lawsuit will not lead to deportation. Personal injury cases are civil matters, not criminal ones. Immigration authorities are usually not involved in these lawsuits, and your immigration status is generally not part of the case. The focus of a personal injury case is on the injury and who is at fault, not on your legal right to be in the U.S.
That said, it’s important to speak with an experienced Miami personal injury attorney who understands the intersection of immigration and personal injury law. Your attorney can help protect your privacy and ensure that your immigration status does not become an issue in your case.
How Personal Injury Claims Work for Non-Citizens in Florida
If you’re not a U.S. citizen, the process for filing a personal injury claim is much the same as it is for U.S. citizens. After being injured in an accident, your focus should be on gathering evidence, seeking medical treatment, and contacting an injury attorney in Miami or South Florida who can help you file a lawsuit. The core steps for a personal injury lawsuit — proving fault, documenting your injuries, and calculating damages — are the same no matter where you’re from.
Here are the core elements of personal injury claims:
- Proving Fault: In a personal injury case, you’ll need to show that someone else was responsible for your injury. For example, if you were in a car accident, your lawyer would help gather evidence like police reports, witness statements, and accident photos to prove that the other driver was at fault.
- Documenting Injuries: Medical documentation is critical in any personal injury case. After the accident, you should seek medical treatment and keep records of your injuries and any treatments you receive. These documents will help your attorney calculate how much compensation you may be entitled to.
- Calculating Damages: Damages refer to the compensation you seek for your injuries. This can include medical bills, lost wages, and pain and suffering. If you’re not a U.S. citizen, the types of damages you can claim are the same as those available to citizens. However, if you plan to leave the U.S., your lawyer will help you calculate any future expenses you may face as a result of the injury.
Can a Tourist Sue for Injuries in Florida?
Florida attracts around 140.6 million visitors annually. This includes both domestic and international tourists. The state’s sunny weather, theme parks like Walt Disney World and Universal Studios, beautiful beaches, and vibrant cities such as Miami and Orlando draw people from all over the world. While most visitors are from other parts of the United States, millions of international tourists also visit Florida each year.
Fortunately, tourists and visitors also have the right to file personal injury claims in Florida. If you’re visiting from another country and get hurt, Florida’s courts can still hear your case as long as the injury occurred within the state. This means you can seek compensation even if you plan to return home after your trip.
For example, suppose you’re on vacation in Orlando, and you’re injured on a theme park ride. You can file a personal injury claim in Florida courts, even if you live in another country. Similarly, if you’re visiting Miami and suffer an injury at a hotel, you can file a lawsuit in Miami-Dade County courts to seek compensation.
As a tourist in Florida, it’s important to hire a local personal injury attorney who knows the area’s courts and legal system. They understand the local rules and can make sure your case is handled properly, which often results in winning your case.
What Damages Can You Recover in a Personal Injury Lawsuit?
Florida law allows injury victims to recover two main types of damages in a personal injury lawsuit: economic damages and non-economic damages.
- Economic Damages: These damages cover the financial losses you’ve experienced because of the injury. This includes medical bills, lost wages, and any future expenses related to your injury. If you’re injured and can’t work, for instance, you may be entitled to compensation for the income you’ve lost or will lose in the future.
- Non-Economic Damages: These damages cover the intangible losses you’ve suffered, such as pain and suffering, emotional distress, and loss of companionship. In cases where the injury leads to the death of a loved one, non-economic damages may also include compensation for the emotional toll of the loss.
Let’s take an example. Imagine you’re a tourist from Mexico visiting Miami. You get into a car accident caused by a distracted driver. If your injury keeps you from returning to work or racks up expensive medical bills, you can file a lawsuit in Florida to recover those costs. The court will consider both your financial losses and the emotional pain you’ve suffered because of the accident.
Working with a Miami Personal Injury Attorney Who Understands Immigration Issues
Filing a personal injury lawsuit can be intimidating, especially if you’re worried about your immigration status. That’s why it’s so important to work with a Miami personal injury attorney who understands both personal injury and immigration law.
For undocumented immigrants, tourists, or anyone without U.S. citizenship, it’s important to have legal representation that understands your concerns. The last thing you want is to feel uncertain or overwhelmed by the legal system when you’re already dealing with the physical and emotional toll of an injury. An experienced personal injury attorney can guide you through each step, ensuring that your immigration status doesn’t prevent you from getting the justice and compensation you deserve.
Remember, no matter your immigration status, Florida law protects your right to file a personal injury lawsuit if you’ve been hurt due to someone else’s negligence. Whether you’re a permanent resident, an undocumented immigrant, or just visiting Florida for a short time, you have the same rights as anyone else when it comes to seeking compensation for your injuries.
Contact Our Florida Injury Law Firm Today
If you’ve been injured while visiting Florida, don’t leave your case to chance. Work with a local attorney at Prosper Shaked Accident Injury Attorneys, PA., who understands Florida’s legal system and will fight to get you the compensation you deserve. Reach out today for a FREE consultation and ensure your rights are protected.
You can reach us at (305) 694-2676 or fill out our confidential contact form to discuss your case.