This blog post will explain the very important question that needs to be answered.
Can illegal immigrants sue for injuries in Oklahoma? Yes, and I love helping them!
You may be wondering whether your immigration status affects your rights to bring a private grievance against another individual or company.
I am here to tell you that it does not, and that I welcome all people who need help, regardless of their immigration status. In fact I love representing illegal immigrants and obtaining justice for them! Why? Because so often immigrants are voiceless victims.
I cannot think of another group in the U.S. that suffers as more mistreatment, manipulation and wrongdoing than recent immigrants. Well, I will take a stand and be the voice of those who cannot be heard.
What does “illegal alien” mean?
Under U.S. law, an illegal immigrant is a person who “entered without inspection,” (EWI); that is, someone who entered totally illegally and never had a visa.
On the other hand, someone who entered the country originally on a legit visa with a passport is not considered truly illegal, even if the visa has long since expired (those folks are referred to as “overstays”). But neither of these classifications should affect your right to recover damages for your injuries in Oklahoma.
Whether you are EWI or Overstay, it does not matter to me. I represent all people, regardless of immigration status.
The U.S. Constitution guarantees all people due process, whether or not they are citizens. But so many people in Oklahoma are unaware of their rights. Do immigrants have the same access to courts as citizens? Can immigrants bring civil grievances, as well? Are their lawyers who represent immigrants in non-immigration proceedings? The answer is yes to all of those questions.
Are illegal aliens entitled to sue for compensation in Oklahoma?
Yes. Here is why:
Generally speaking, the common law of Oklahoma provides that any person who has suffered harm may recover damages against the person/entity who caused the harm, so long as sufficient grounds exist.
Sufficient grounds being that the defendant breached a duty of care to the person harmed, such as a driver’s duty to pay attention while driving; a shopkeeper’s duty to protect customers while shopping; a doctor’s duty to provide adequate diagnosis to the patient, etc.
If you are a victim of any of these scenarios, you deserve justice, just as any other person within the state of Oklahoma deserves. Your immigration status does not matter. Why? Because immigration and customs is a matter of federal law, not state law, and the States are pre-empted from regulating immigration law per the doctrine of pre-emption. Because the Federal Government is in charge of immigration and customs, the State of Oklahoma cannot interfere with enforcement of immigration law.
Further, your immigration status, just as your criminal history, is irrelevant to the injury case at hand. The purpose of tort law is to provide compensation to the victim for injuries. That compensation comes from the person/entity who caused the injury, because that is what is most fair, legally, equitably, and economically.
A person who is a convicted felon is still entitled to recover damages for injuries. If that were not the case, then people could actively harm others with previous criminal records and bear no responsibility. That would not be a just and civil society.
People are people. And they deserve justice for wrongdoing. Passports and paperwork notwithstanding.
In our society, all people must bear accountability for their actions. Those who cause harm to others must be held responsible and must pay for the damage they caused. And if they won’t accept responsibility on their own, then I will make them accountable in Oklahoma courts.
Oklahoma City Attorney Helps all Immigrants, legal and “illegal,” obtain compensation
We help immigrants in the same type of cases we assist U.S. Citizens, including:
- Car accidents
- Bad faith insurance
- Nursing home abuse and neglect
- Premises liability
- Medical Malpractice
- Wrongful death
- Civil Rights
If you need a lawyer, call Travis Charles Smith at (405) 701-6016. Se Habla Espanol. Travis does not care if your visa expired, or if you never had one. Our great country was founded by immigrants, and Travis wants to help all of those who call Oklahoma their home!
Call for Free Consultation
If you have questions or would like a free case screening, contact us by email or phone. We will make arrangements to obtain and review your medical documents, and schedule a free consultation. All of our cases are taken on a contingency fee basis, which means we charge the client nothing unless we win and we finance all the litigation expenses, as well.