Florida, especially the Miami area, has a huge famous immigrant population. Many people who live in Florida are permanent residents, immigrants, tourists, international students, and other non-U.S. citizens. If you suffered a serious injury in an accident in or around Miami, you may be wondering how your immigration status and citizenship might affect your right to sue. Rest assured that as long as you are in the United States, you should have full legal right to take legal action for violations you have suffered in the United States. Prosper Shaked, our Personal Injury Advisor in Miami for Non-Citizens, may be able to help. Contact Prosper Shaked Accident Injury Attorneys PA for more information on how to file a lawsuit if you are not a U.S. citizen. The court ruled that the U.S.
Immigration Reform and Control Act of 1986 (IRCA) was not created to impede bodily injury. Example: Tyson Foods, Inc. v. Guzman is another example of an undocumented worker who successfully filed a personal injury complaint in Texas. In this case, the court ruled that a worker can receive lost wages and future wages, even if they are not documented. „The Alien Tort Claims Act has been a beacon for the world,” Paul Hoffman said in his letter to the court urging that existing precedents from 1980 be upheld and facilitate individual prosecutions. Sarah Paoletti, a law professor at the University of Pennsylvania and director of the Transnational Legal Clinic, wrote in an email to FactCheck.org: „All immigrants, regardless of their legal status in the country, have the right to equal access to the courts and the right to go to court if their rights have been violated or threatened in any way. United States of America Federal and state law does not grant the right to sue or defend in court based on citizenship status.
In the United States, the right to sue is based on the fact that you are in the United States. Courts in the United States have an obligation to sue, known as „jurisdiction.” Florida state courts have jurisdiction over certain types of cases, including criminal cases, personal injury, contract disputes, and other types of common lawsuits. They are also responsible for all events that have taken place in their geographic area, which usually covers the entire county. This means that any injury you suffered in a car accident, skidding and falling, or medical malpractice in Miami should fall under the jurisdiction of the Miami-Dade County Court — or in another county if you were injured nearby. No State may enact or enforce laws that restrict the privileges or immunities of United States citizens; nor can any State deprive a person of life, liberty or property without recourse to judicial proceedings; deny a person within its jurisdiction the same protection of the law. Lawyers for José Sosa, one of the Mexicans who helped in alvarez-Machain`s abduction, argue that the law simply establishes jurisdiction to hear such cases, but that Congress has never approved such trials. Without further action by Congress, Carter Phillips says in his letter on behalf of Mr. Sosa, such prosecutions violate the constitutional separation of powers. „They have opened the U.S. courts to prosecutions that interfere with the foreign policy management of the political branches, undermining the efforts of the executive branch to protect the security of the nation and forcing the courts to usurp the constitutional power of the political branches to decide which norms of international law should be binding and enforceable,” Says. To protect these rights, it is important to understand the laws and how the justice system works.
Personal injury suffered in Austin by Justinian & Associates may fight for your rights. Victims of injuries in and around Miami are entitled to high-quality legal representation and the right to claim their personal harm in court. If you need help with your legal case, contact Personal Injury Lawyer Prosper Shaked today. Prosper Shaked Accident Injury Attorneys PA offers free legal advice on new cases. Call (305) 694-2676 today to plan your advice and learn more about your right to sue in Florida. Several Texas courts have also stated that a plaintiff seeking monetary damages for loss of wages or future income in a bodily injury lawsuit is not required to present the appropriate citizenship or immigration documents. As a victim of the violation, you can voluntarily submit to the jurisdiction of the court at any time by filing a complaint in that district. This means that if you were injured in Miami, you can bring your infringement action in a Miami court and raise the case there, no matter where you`re from. As long as the accident occurred in Miami or Miami-Dade County, you should have the right to sue and have your case heard.
If you have any doubts that your case will be heard or taken seriously because you are not a U.S. citizen, talk to a lawyer. Our personal injury attorney in Miami fights for the rights of injury victims in court and is committed to ensuring that their claims are heard and that they receive fair compensation for the injuries they have suffered. Prosper Shaked can fight for your rights, regardless of your citizenship status, and help you sue for a cruise ship injury, a car accident injury, a slip and fall or any other accident in Miami. In the case of TXI Transp. Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010), the Texas Supreme Court ruled that the immigration status of witnesses cannot be used in court to say they are not telling the truth.
The Texas Supreme Court noted that the case was being closely watched as a potential step, as it could determine the appropriate role for U.S. judges in enforcing international human rights. It can also help define the place of international law before U.S. courts. However, since they are foreign citizens, they could also claim that they reside in their own country, which would allow them to file the case in federal court or refer the case to a federal court if it has already been filed. In many cases, this can be a great advantage and disadvantage for the defendant. This is based on the so-called diversity competence and is if the plaintiff and defendant are not from the same state. Foreigners may use their citizenship of their country of origin for this purpose. You have the right to sue in federal court, even if you are not documented.