Can a Non-U.S. Citizen File a Personal Injury Lawsuit in Ohio?

Non-citizens may wonder if they can file a lawsuit after an injury accident. Yes, non-citizens can file personal injury lawsuits in Ohio. In most personal injury cases, the plaintiff’s immigration status is unlikely to affect the lawsuit’s outcome.

Many personal injury claims do not even make it to court: they are resolved through the insurance claims process or through direct settlements between the parties. However, working with an experienced attorney can ensure that you maximize your settlement or compensation, even if the case does not go to trial.

Can an Undocumented Immigrant Sue for Personal Injury in Ohio?

Yes! Ohio law allows all injury victims—regardless of immigration status—to pursue compensation. Courts and insurance companies cannot deny your claim based on your residency. Whether you were injured in a car accident, workplace incident, or another type of negligence-based event, you have legal rights.

Anytime you want to make a formal demand for compensation for an injury – be it a demand letter, a claim with an insurance company, or a lawsuit – a skilled Ohio personal injury lawyer can vastly improve your chances for success. A lawyer can help navigate legal complexities, negotiate with insurers, and advocate for your rights—especially if your immigration status is a concern. Call Kisling, Nestico & Redick today at  1-800-HURT-NOW for a free consultation if you’ve been injured and need compensation.

What Damages Are Available to Undocumented Immigrants in Ohio?

Undocumented immigrants can file a personal injury claim and recover damages and compensation just like U.S. citizens. Under Ohio law, all injury victims—regardless of immigration status—have the right to seek compensation. Their status as non-citizens cannot be used to deny a personal injury claim, especially when someone’s negligence leads to their damages.

What Compensation Can Undocumented Immigrants Receive?

Undocumented immigrants — like any injury victim — can seek damages and compensation for the following:

• Medical bills and treatment expenses – Including emergency room visits, surgeries, rehabilitation, and ongoing care
• Lost wages and diminished earning capacity – If your injuries prevent you from working, you may be entitled to lost income and reduced future earning potential
• Pain and suffering damages – Compensation for physical pain, emotional distress, and reduced quality of life
• Emotional trauma from the event – Anxiety, PTSD, or other psychological impacts resulting from the accident

If you have questions about compensation for an injury and you’re undocumented, call KNR at 1-800-HURT-NOW for a free consultation.

Common Personal Injury Cases in Ohio for Non-U.S. Citizens

Personal injury is a broad practice area that covers several situations: motor vehicle accidents, workplace injuries, premises liability incidents, and defective product injuries. These injuries can be traced back to someone’s negligent actions.

These accidents can result in any number of serious injuries, like:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Neck injuries
• Back injuries
• Broken or fractured bones
• Leg injuries
• Burns
• Internal organ injuries
• Sprains and soft tissue injuries
• Paralysis and permanent disability

Legal Options for Undocumented Immigrants in Ohio After an Injury

Undocumented immigrants often work jobs that put them at a high risk of injuries. Industries like construction, manufacturing, and agriculture can have severe or life-threatening injuries. Even if you do not have legal work authorization, you still have rights if you are injured on the job. An attorney can help someone who suffered work-related injuries with their claim.

Who Can Immigrants Sue After an Injury?

Aside from work-related injuries, undocumented immigrants have the right to file a claim against any party who causes harm due to negligence. This includes:

• Car accidents caused by reckless or impaired drivers
• Product liability cases involving defective or dangerous consumer products
• Premises liability claims for injuries occurring on unsafe properties
• Truck accidents, pedestrian injuries, and medical malpractice cases

Even if you are unsure whether you have a claim, KNR can help evaluate your case. Call 1-800-HURT-NOW to discuss your options.

What to Do After an Accident as a Non-US Citizen

Dealing with an injury accident can be stressful for victims. Not only are you worried about your work and how to get better, but you may be concerned about your citizenship status. Rest assured that your ability to recover compensation is not dependent on your immigration status. Working with a lawyer can help you protect your chances at recovering damages and also protect your residency status.

Follow These Steps to Protect Your Claim as a Non Citizen

• Seek medical attention – Your first concern should be your health. Getting proper care can help you recover quickly, and you can secure medical records as evidence for an insurance claim.
• Report the incident – Whether you’re hurt at work or somewhere else, you should report your accident. Notify authorities, the property owner, or your supervisor.
• Collect evidence – Take pictures of your injuries and the area where they happened. If you were hurt in a car crash, photos of the scene can be useful. Find witnesses if you can and collect their contact information.
• Contact a Personal Injury Attorney – Finding a personal injury attorney can be one of the most crucial steps in your recovery. Your lawyer can guide you through the legal process while ensuring your immigration status is not used against you.

Key Points to Remember About Citizenship & Ohio Injury Claims

You might feel like a personal injury claim will threaten your residency in Ohio but remember: your immigration status should not affect your right to a personal injury claim. You won’t be deported if you file a personal injury claim.

Cases May Move to the Federal Court

You and your lawyer may look at all the facts and decide it’s better for you to file in state court. However, the defendant may attempt to transfer your case to federal court to gain a strategic advantage.

Defendant May Challenge Your Right to Sue?

Some corporations argue that non-citizens should file lawsuits in their home country under forum non conveniens. If a foreign national is injured by an American-made product in their home country, a corporation may try to dismiss the case using this legal doctrine.

Be Honest When Reporting Your Injury

In all your interactions with police, emergency responders, and insurance companies, be honest about your identity and circumstances. Providing false information can jeopardize your claim.

FREE Consultations for Undocumented Immigrant Personal Injuries

Anyone hurt due to someone else’s negligence deserves to be made whole. If you’re a foreign national who has been injured in the United States, you should seek immediate professional assistance when hiring a personal injury lawyer — even if you are undocumented, you still have legal rights.

Your immigration status does not bar you from filing suit. For more information, call Kisling, Nestico & Redick today at 1-800-HURT-NOW or contact us online.