Being illegal, South Carolina has its own problems with immigrants, and if they are involved in an accident and wish to file a personal injury case, for instance, they face certain difficulties. 

However, the legal system ensures that society protects everyone to ensure that immigrants receive justice. 

This article explains the possibility of illegal immigrants to sue for personal injury in South Carolina and the rights, obstacles, and role of lawyers involved.

Illegal Immigrants’ Legal Rights in South Carolina

Illegals have rights under the federal constitution and laws as well as state laws. This paper points out that the Constitution of the United States outlines the provision of equal protection under the law, which means that immigrants are also protected under the law. 

The South Carolina courts generally endorse this principle, and undocumented people are permitted to sue and recover for personal injuries. 

This legal protection means that everyone can take negligent parties to court.

What to expect when filing a Personal Injury Lawsuit as an Undocumented Immigrant

In a personal injury case in South Carolina, it is required to file a complaint where the plaintiff will state the injury that was done and the amount of damages he/she wants to recover. 

The immigration status of an individual also does not prevent him or her from starting this process. 

However, it is equally important to work with an experienced attorney, to help deal with any such issues. An attorney can assist in documenting the injuries, collecting evidence, and building a case while keeping the client’s identity concealed.

Despite their legal rights, undocumented immigrants often face specific challenges when pursuing personal injury claims:

Fear of Deportation

A lot of people from the shadows are afraid that they will be reported to the immigration services if they file a lawsuit.

Bias

Adverse reactions to the presentation of unlawful plaintiffs by legal professionals may also be a problem since opposing parties or juries may make judgments based on prejudice about such people.

Documenting Damages

Thus, claiming for lost wages, or medical bills may be difficult for people who lack formal employment or insurance documentation.

It is possible to overcome these difficulties with the help of an experienced attorney who will provide confidentiality, provide counter-evidence against bias, and look for other ways to prove the damages.

Calculating compensations in a personal injury case

In personal injury cases, proving damages is a very procedural process and as such requires documentation. 

For undocumented immigrants, this may involve:

• To determine the severity of the injuries, medical records have to be used.

• Get other witnesses or any expert to testify on the effect of the injury.

• Affidavit as an alternative to lost wages or other economic damages that can be tendered to the court.

Counsel is usually instrumental in determining such kinds of evidence to enhance the prospects of a proper claim.

How Immigration Status May Affect Compensation

Although immigration status does not rule out an individual from being paid for their loss, it does have an impact on some aspects of a case. 

For instance, one party may argue in the course of the trial that an undocumented worker is less likely to earn as much as a legal worker. 

That is why, the courts, as a rule, do not dwell upon the immigration status of the plaintiff but compensate for the losses, and physical and mental suffering.

Seeking Legal Representation

This means that the personal injury attorney that one hires should have prior experience in handling cases of undocumented individuals. 

Such attorneys have knowledge of these cases and respect the privacy and safety of their clients. 

Max Hyde Law Firm does not charge for the first meeting which is a chance to learn about what’s possible with no upfront cost.

Undocumented immigrants in South Carolina have the right to seek justice and compensation for personal injuries. If you or someone you know has been injured, don’t let immigration status prevent you from pursuing a claim.

Don’t face this challenging time alone contact Max Hyde law firm today and call us at (864) 804-6330 to schedule a free consultation today. Our experienced lawyers are here to assist you in your personal injury case and ensure you receive the justice you deserve.