Maison Law helps people from all backgrounds across California after they’ve been hurt in an accident. If you’re an immigrant, dealing with an injury can bring up questions that go beyond your immediate health and recovery. For most immigrants, there’s a hesitancy to fully explore the process out of fear of their immigration status being questioned or challenged. We can help you understand your options from the start. Set up a free consultation today.
When a Lawyer Makes Sense For an Injury Claim as an Immigrant in California
Injuries don’t discriminate in California. They happen to everybody, across all walks of life. But every situation is also unique—and everyone that gets hurt doesn’t respond the same way. This is particularly true if you’re an immigrant. You might be hesitant about—or try to avoid filing—an injury claim.
That’s certainly your choice, but accidents have a way of bringing up a lot more questions than they do answers. And when you add in questions about your immigration status, it’s easy to see where talking to our team makes sense. We can help you and your family by:
- Explaining your legal rights in plain language
- Handling conversations with insurance companies
- Gathering evidence to prove what happened
- Organizing your medical records and expenses
- Working with your doctors and other experts
- Negotiating for a fair settlement
- Taking your case to court if necessary
We work on a contingency fee basis, meaning you don’t pay anything upfront. We take our fee out of whatever result we get for you. And we always make sure your needs are met first.
What Types of Accidents Lead to Injury Claims in California?
Just because you’re an immigrant doesn’t mean you won’t find yourself in the same situations that lead to accidents everyday here in California. Again, accidents don’t discriminate. So that usually means you or someone you care about could be injured in:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Bus and public transportation accidents
- Slip and falls in stores, apartments, and businesses
- Dog bites
- Workplace accidents
- Accidents caused by unsafe property conditions or defective products
Every accident is different, but one thing stays the same: somebody failed to do what they were supposed to do—act in a way that kept you safe.
Information That You Need For an Injury Claim
When you’re hurt in an accident, there’s a lot to try to handle all at once. Not only do you have to worry about your own health and safety, but there’s also the prospect of getting as much information as you can. And that’s hard to do when you’re injured and just trying to get home. However, it’s also a vital part of getting your feet underneath you. So if you can, try to get:
- Pictures and videos of the accident, your injuries, property damage, road conditions, or anything else that helps show what happened.
- Witness names and contact information of anyone else involved—bystanders, witnesses, other drivers, property owners, managers, etc.
- Insurance information from others involved.
While this largely takes care of the scene, your work isn’t done. In the days/weeks after, it’s important to keep track of:
- A police or incident report if police responded or the accident happened at work or on someone else’s property.
- Medical records and bills from doctor visits, hospital stays, therapy appointments, prescriptions, and other treatment.
- Text messages, social media messages, or any other personal notes about your day-to-day challenges after your injuries.
- Emails or letters about the accident from an insurance company.
Don’t worry if you don’t have everything organized right away. Most people don’t. What’s most important is getting the medical care you need, saving what you can, and putting together as full of a picture as you can about what happened to you.
Who’s Responsible for Paying for My Injuries?
This is one of—if not the—biggest questions after an accident. Figuring out who’s legally responsible for what happened is important because the person or business that caused the accident is usually the one responsible for paying for your damages.
Legally, this comes down to negligence. To file an injury claim, you generally have to show:
- A person, agency, group, or business had a responsibility to act safely or otherwise take steps to keep you from getting hurt.
- They failed to meet that responsibility by acting carelessly or ignoring safety rules.
- Their actions directly caused your injuries.
- You suffered losses, such as medical bills, lost income, pain and suffering, or other harm.
Obviously, this brings in a lot of different people. But generally, the legal responsibility for paying for your injuries falls on:
- Another driver in a car accident
- A property owner, business, or landlord that failed to take care of a hazard or issue.
- A product manufacturer that made or sold an unsafe product
- An employer that failed to create safe working conditions
- A city, county, or other government agency that failed in road maintenance or some other upkeep on public property
Figuring out who’s responsible isn’t always as straightforward as it seems. A lot of times, more than one person or business shares the blame. And that usually just ends up in them pointing the finger at each other. One way or the other, though, liability is the starting point of the claims process. From there, it’s about actually filing your claim.
What’s the Process for Filing an Injury Claim as an Immigrant?
It’s not surprising that so many immigrants are hesitant to file an injury claim—especially given the climate of today’s world. But here’s the bottom line: your immigration status doesn’t change your right to file an injury claim when you’re hurt through someone else’s negligence.
That means that you have the same options for getting financial help as anyone else in California. Namely, this means you can either file:
- An insurance claim outside of court
- A personal injury lawsuit
Even though your personal immigration status doesn’t change your rights for filing a claim, most start out with insurance. It’s less stressful and can lead to a quicker resolution. The problem is that insurance companies know this and generally try to do what they can to pay you as little as possible. If that happens, that’s when you can move forward with a lawsuit. It takes more time and effort from you, but throughout, we’ll handle the paperwork, negotiations, getting evidence, and protecting your claim.
And the ultimate goal, again, is to get “damages” for your injuries and other losses. This could include:
- Current and future medical expenses
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages for surviving family members in fatal accidents
Remember, a personal injury claim has to be filed within two years of the date of the accident. That sounds like a lot of time, but the longer you wait, the tougher it can be to get important information. Also, witnesses move and injuries heal. In short, things can change a lot. But as an immigrant, the thing to remember is that you don’t have to worry about your immigration status preventing you from filing a claim. And when you need to file a claim, our team will be there.
Maison Law Helps Injured Immigrants Throughout California
Being injured is stressful enough without wondering whether your immigration status changes what you can do or how things might play out. But whether you have full citizenship, are here on a work visa, or are undocumented, you have options when someone else’s carelessness leaves you injured.
At Maison Law, our team of California immigrant injury lawyers will be there to help you through everything. Set up a free consultation today and let us talk you through your options.
