Undocumented and Injured in New Jersey
December 13, 2018
BY: Domhnall O'Cathain
Undocumented immigrants are often more likely to be injured because they work in more dangerous jobs, are exposed to more danger, and receive poorer medical care.
Getting injured while being undocumented is terrifying.
From reporting the incident to an employer to seeking medical help to talking with a lawyer, there are many reasons to stay in the shadows and suffer.
However, the New Jersey courts are open to injured people, regardless of their status in the USA.
If you were injured while undocumented, you may still have the right to be compensated for your pain and suffering. You should speak with a New Jersey personal injury lawyer.
For example, if you slip and fall on ice outside a store and break your elbow, the New Jersey law cares about who was responsible and how bad the injury is. New Jersey law does not care about your immigration status while you fell.
And you do not need to worry if your case goes all the way to trial. The New Jersey courts will not allow the other lawyer to ask you questions in front of a jury about your immigration status.
The New Jersey courts will even restrict the other lawyer from asking questions in front of the jury about why you need an interpreter or how long you have lived in the USA if the judge thinks that the question would make a jury think that you are undocumented.
The judge wants the jury to focus on your injuries and how you were injured.
Recently, in Morales-Hurtado v. Reinoso No. A-2120-15T3 (December 6, 2018) the New Jersey Appellate Division again made it clear that the immigration status of a plaintiff, whether legal or illegal, should not be a factor in deciding an injury case.
If you are an immigrant in New Jersey who is injured from the negligence of another person or company, you have rights. Contact a New Jersey personal injury lawyer to know those rights.