If you are an undocumented immigrant in Fall River, MA, you are entitled to seek compensation if you are involved in a car accident. You are permitted to file a car accident claim to recover damages sustained in a car accident. You can get compensation for pain and suffering, medical bills, and any other damage that your Fall River personal injury lawyer believes you are entitled to.
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The fourteenth amendment of the Constitution allows everyone in the country to access equal protection of the laws of the country. This means that anyone living or working in the United States has the right to sue another party for injuries caused. This same rule applies to undocumented foreign nationals.
Work-Related Injury
There are some undocumented foreign nationals that work for companies that expose them to serious dangers like working with dangerous chemicals, sharp tools or heavy objects without proper safety gear. Employees could suffer life altering injuries and have trouble accessing proper medical attention for their injuries. Additionally, the fear of deportation prevents many from pursuing any legal action.
Negligence in the Claim
You have the right to pursue a negligence claim whether the accident happened at work or while on the road. Once you file a Personal Injury claim, you are entitled to several possible damages. Filing a personal injury lawsuit will not affect your immigration status immediately and your Fall River personal injury lawyer can protect your rights. They should explain the law to you and how your lawsuit will proceed.
How to Prove Negligence in a Personal Injury Claim
You are required to prove the four elements of a negligence in your personal injury claim. These elements include:
- Duty of care: You have to show that the party at fault owed you a duty of care. For instance, if you were involved in a car accident, the other driver owed you a duty of care to ensure they do not cause accidents intentionally.
- They breached their duty of care and caused the accident.
- You suffered an injury
- Linking their actions to the cause of your injuries
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