Personal injury claims are among the most common filed in the Florida legal system. They cover a broad spectrum of accidents and injuries, ranging from car accidents to slip and fall events. Essentially, you have the right to file a personal injury claim if you have been harmed or injured due to the negligence of another party.
There are several reasons why a non-citizen may need to file a personal injury claim. The Florida Gulf Coast, including the area from Sarasota to Tampa, is a popular destination for millions of tourists, visitors, and business people each year. There are also many green card holders, and immigrants of varying status who live in this area. If someone believes that they are the victim of someone else’s negligent or careless behavior, do they have the right to file a claim with their insurance company? The answer is generally yes.
Personal Injury Law and the Non-Citizen
In Florida, the most common types of personal injury claims include auto and motorcycle accidents, slip and falls, product liability cases, medical malpractice, and nursing home neglect.
Whether a tourist or a recent immigrant, everyone should have the right to seek redress if they have suffered harm at the hands of someone else. The good news is, Florida law does allow anyone to file a personal injury claim – or file a personal injury lawsuit – regardless of citizenship. However, in order to bring a case in the local courts, you may need to prove that the defendant is from this jurisdiction in order to proceed. In the most general terms, jurisdiction can be established if the defendant either has permanent residency in Florida, owns property in the state, or has business interests locally.
The attorneys at Probinsky & Cole regularly speak with people who do not have U.S. citizenship, yet need questions answered regarding the merits of their case. If you feel that you have been harmed by another party, do not let your citizenship status affect your willingness to pursue your case and seek compensation for your injuries.
How Does Being a Non-Citizen Affect Your Claim?
Although your residency status should not affect the veracity of your claim, the damages which you can recover may be affected by your status. For instance, if you wish to seek damages for lost wages or for lost future earnings, you need to provide actual numbers (speculation is not acceptable in court cases.) If you are not a citizen and do not have a work history which you can claim in the United States, it may be difficult to seek recompense in this area. Also, because your country of residence may have a very different economic climate, proving future lost wages may be challenging as well. Therefore, this class of damages may in fact be difficult to pursue. Still, every case is different, and our team of experienced attorneys will do whatever we can to help.
If you are a non-legal resident, you may be concerned that filing a personal injury claim may put your immigration status in jeopardy. Speaking with the attorneys at Probinsky & Cole is an important step to understanding not only your personal injury case, but any risks you may run (if any) by pursuing that claim. Remember, the Florida system does not discriminate as to who can file a claim or lawsuit – but our attorneys can answer any questions which you have. No matter your situation, call our team of lawyers to discuss your situation, and how we can help you with your legal claims.
