Suffering an injury caused by someone else’s negligence can be overwhelming for anyone, but for immigrants living and working in Virginia, it often comes with added concerns. Immigration is in the news every day, and for many non-citizens, the fear of what could happen if they take legal action is very real.
Many people may wonder whether being undocumented, a temporary worker, or here on another type of visa could prevent them from filing a personal injury lawsuit and receiving compensation. Also, could it jeopardize immigration status? In Virginia, all people have the right to bring a personal injury claim, regardless of whether they are U.S. citizens, permanent residents, visa holders, or undocumented. Below, we’ll explore how immigration status might affect a personal injury case, and why working with both a Virginia personal injury lawyer and an immigration lawyer can provide important protection.
Immigration Status Does Not Bar You From Seeking Justice
Virginia courts do not require proof of immigration status before allowing you to pursue a personal injury claim. This means that if you are injured in a Virginia car accident, workplace accident, slip and fall, or other incident caused by another person’s negligence, you have the same right to seek damages as anyone else.
Compensation in a personal injury claim can cover medical bills and future medical expenses, lost wages, future lost earning capacity, pain and suffering, property damage, and other losses tied to your injury. In other words, your immigration status does not take away your right to hold negligent parties accountable and seek financial recovery for the harm you’ve suffered.
If you are a non-citizen injured in an accident, the steps you take immediately afterward can make a big difference in protecting both your health and your legal rights. First, seek medical treatment right away, even if your injuries seem minor. Not only is this critical for your well-being, but it also creates a medical record linking your injuries to the accident.
If possible, gather evidence such as photos of the accident scene, the names and contact information of witnesses, and any official reports. You should avoid discussing your immigration status with insurance companies or other parties involved in the case. Finally, contact a personal injury attorney as soon as possible. An experienced lawyer can handle communications on your behalf, protect you from tactics meant to intimidate or discredit you, and coordinate with an immigration attorney to address any risks to your status.
Special Considerations for Immigrants on Work Visas
While all injured people can file claims in Virginia, immigrants on work visas often face unique challenges after an injury. Work visas such as H-1B, L-1, or O-1 generally require the visa holder to remain employed with their sponsoring employer. If your injury prevents you from working, you may risk losing not only your income but also your immigration status.
For example, an H-1B worker injured in a car accident may need extended time off for recovery. If their employer cannot hold their position, their visa status may be jeopardized. Similarly, someone on an L-1 visa who is unable to perform the specialized role that brought them to the U.S. may face both the loss of employment and lawful status. These complications create a double burden: the financial and physical stress of an injury combined with the uncertainty of immigration consequences.
Why Working with a Personal Injury and Immigration Lawyer Matters
Due to the complexities of personal injury cases and the fear of deportation or unwanted attention to immigration status, it is crucial to find a personal injury lawyer who will collaborate closely with an experienced immigration lawyer. A coordinated approach can help ensure your injury claim takes into account the unique risks you face as a noncitizen. It also provides guidance if a serious injury impacts your ability to work under the terms of your visa.
Insurance companies could try to use immigration status to intimidate or undervalue a personal injury claim. Having both a personal injury attorney and an immigration attorney working together helps safeguard your rights, your recovery, and your future in the United States.
No matter your immigration status, if you are injured in Virginia because of another’s negligence, you have the right to seek compensation. At Curcio Law, we represent individuals and families across Virginia who have been harmed through no fault of their own. When immigration concerns are involved, we can work with experienced immigration attorneys to ensure your rights are fully protected on both fronts.
If you or a loved one has been injured and you are worried about how your immigration status might affect your case, don’t wait to get help. Contact us online or call/text 703-236-3366 today to learn how we can guide you through the process and fight for the compensation you deserve.
