Greetings from Tovar Hastings Law. Today we are going to touch on a very interesting topic that worries many people who reside in the United States and do not have their immigration situation defined. Unfortunately, the large part of the population that migrates to the United States lives with anxiety about when they will be detained by a police officer and subsequently deported because their immigration status is revealed to be illegal.
Today we analyze this matter in detail, trying to resolve all the doubts you may have about it.
In the case of the car accidents, the fear of this possibility is quite great
In addition to the direct consequences of the crash, which are almost always, a long disability and a detriment to the economy in times of crisis. In addition to this, the fear of going to court and having one's immigration status discovered is what causes the majority of victims of car accidents, desist from demanding their rights for damages. It is necessary to make all collateral damages visible to the insurer that covers the cause of the accident.
From consultations with a trauma doctor, x-rays, surgeries, treatments, etc., all of this must be paid for by the insurance company.
You don't have to take money out of your pocket. Medical expenses are calculated at the time the therapy and surgeries have been completed. In the event that there is no reversibility to an optimal state, it is necessary to discuss the costs and moral damages with the lawyer. Assuming that the insurer has estimated your compensation at $25,000. However, it is necessary that you take into account all the anguish and suffering that you have suffered as a result of the accident.
If you ask for $25,000, the insurer will try to give you less money.
It is important to talk with the lawyer outside of the courtroom, to be able to know what real and concise value can be requested in order to be compensated in an appropriate and, above all, fair manner. Many people negotiate with the insurer without going to court, receiving any symbolic money for being a victim of an accident. In the event that the insurer does not want to assume the expenses, it is necessary to go to court to demand that you be compensated for being the victim of a car accident.
The myth that, upon going to court, the victim will be immediately reported as illegal and deported, must be destroyed.
Will I be arrested in court for having illegal status?
Will I be deported the moment the judge knows that I do not have a defined immigration status?
No, it's not like that. In the case of car accidents, it must be clarified that this is not a criminal case: this is a purely civil case. So it is necessary that you seek very good advice from your lawyer so that you can demand what you deserve without fear of thinking about your legal status.
In the case of car accidents, the victim has every legitimate right to demand compensation for the damages received as a result of the accident. You don't have to fall asleep or do anything. Whenever possible, compensation must be pursued and justice demanded. American law is well aware of these civil cases. On many occasions we have had to attend court with people who do not have a defined legal status.
I am José, an illegal immigrant who came from Mexico in 2013 to Atlanta
I was working in a house doing repairs and other general jobs, when I had to go to a market to buy some things to finish my work. When I entered the freeway, everything was going in order, when suddenly, out of nowhere, a large truck came out and blocked my path, causing me to crash into the highway separator.
I was seriously injured, with a broken arm and bruises on my head. I decided to go to lawyer Angélica Tovar to help me resolve my situation. You see: I have two children and a wife and I can't sit at home waiting for the money to rain. So I told her my situation and she advised me to go to court, since whoever caused the accident did not want to be responsible for the medical expenses and the surgery I had to undergo in order to fix my arm and work again.
We went to federal court in Atlanta. The lawyer explained my case and with the grace of God, we were able to emerge victorious and have fair compensation for the accident. Thanks to that I was able to buy a new car and improve the house I have lived in for several years. So I tell you: if you have an accident, do not hesitate and ask for legal advice now, right away, because if you do not do so you will lose everything. Don't be afraid because you are illegal immigrants.
»José. 51 years. Latino immigrant in Atlanta.
It must be remembered that there is only a two-year deadline to sue after a traffic accident. So you must take two steps into account, essential to be able to demand compensation: go to the doctor as quickly as possible and seek advice from an expert lawyer in car accidents. You do not have to be afraid.
Do you always have to go to court after an accident?
Not always. Sometimes a negotiation is achieved and fair compensation is achieved according to the consequences of the accident.
Angélica Tovar Hastings has a team of lawyers who are experts in car accidents and have experience serving members of the Hispanic community in Atlanta and the state of Georgia. We can also handle cases of Criminal Law, Family Law among others.