Can a Non-U.S. Citizen File a Personal Injury Lawsuit in Ohio? | KNR
Kisling, Nestico & Redick, LLC Hurt in a Car? Call KNR.
Written by
KNR Legal
Date posted
December 12, 2022

Yes, non-citizens can file personal injury lawsuits in Ohio. In most personal injury cases, however, the plaintiff’s citizenship is unlikely to affect the lawsuit’s outcome. In fact, most 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. But just because your case isn’t going to court doesn’t mean you don’t need a personal injury lawyer.

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. Call Kisling, Nestico & Redick today at 1-800-HURT-NOW for a free consultation if you’ve been injured and need compensation.

Options for Undocumented Immigrants after an Injury in Ohio

Undocumented immigrants often work jobs that put them at a high risk of injuries, such as construction, manufacturing, and agriculture. Accidents in these industries can be severe and even life-threatening, and undocumented immigrants who suffer work-related injuries should know they have the standing to file a workers’ comp claim in Ohio. However, the process of claiming workers’ comp for undocumented immigrants can be complicated, and it is best handled by an attorney who can help navigate the process.

Aside from work-related injuries, undocumented immigrants have the right to file a claim against any party who causes harm due to negligence. This applies to common personal injury claims against negligent parties involved in car accidents, product liability, premises liability, and more.

What Damages Are Available to Undocumented Immigrants in Ohio?

Undocumented immigrants can file a personal injury claim and recover damages just like U.S. citizens.

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

When Might Citizenship Affect the Outcome of a Personal Injury Case in Ohio?

Immigrants may be discouraged from bringing claims if they are hurt in an accident that wasn’t their fault because they believe or have been told they’ll face deportation if they do so. However, an injury victim’s immigration status has no bearing on their right to file a personal injury claim.

You can’t be deported just for filing a personal injury claim if you are an undocumented immigrant. That being said, there are ways in which your case adversaries could use your citizenship to complicate matters:

The Defendant May Remove Your Case to Federal Court

You and your lawyer may look at all the facts and decide it’s more advantageous for you to file in state court. You would file the suit in Ohio if your injury occurred within the state or if that is where the business or individual who wronged you resides. In response to your claim in state court, the defendant may seek to remove the case to federal court to sway the odds of a favorable outcome in their favor.

The Defendant Might Argue that You Are Filing Your Claim in the Wrong Court

The once-obscure common law doctrine of forum non conveniens (meaning inconvenient or inappropriate forum) has gained popularity as a way for US-based defendants to avoid facing lawsuits filed by foreign plaintiffs or involving injuries that occurred outside of the United States. This tactic is especially popular in product liability and other tort claims against corporate defendants.

If you are a foreign national injured in your home country by an American-designed product, the defendant corporation may successfully have your case dismissed under the doctrine of forum non conveniens. You may still file a lawsuit in your home country, but it may be harder for you to get compensation there.

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.