Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

What is an IME?

“IME” stands for (Independent Medical Examination). Our office, however, does not call these exams IME’s for a simple reason, an IME indicates that it’s independent, however, in most cases, the doctor who is examining you at the IME is far from independent. They have either been hired by an insurance company or a law firm to defend against or mitigate the action you have brought for your injuries.

In our office, we refer to them as DME’s (Defendant Medical Examinations). Whether it’s a car accident, an injury on the job, a workers compensation accident, a construction accident or any type of personal injury, you may be required to attend medical examinations with either the insurance companies doctors and/or the defence attorneys doctors. It’s important to note that these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

It’s crucial that you have an experienced personal injury attorney that is experienced in dealing with these types of medical examinations so that they can give you the advice, direction and guidance you need and educate you as to:

  • What the process involves?
  • What you need to do?
  • What you don’t need to do?
  • What to expect?

We tell all our clients to be prompt for the appointment, being late may result in the office refusing to see you and marking that appointment as a “no-show” which can affect your benefits. Even though some insurance doctors are over-booked and you may have to wait a considerable time before seeing the doctor, be on time and be patient.

Why is it important to attend these exams?

 If you were injured in a car accident or truck accident, hit as a pedestrian or bicyclist, for example, you will be entitled to no-fault insurance coverage, which includes up to and including $50,000 worth of coverage for medical treatment, out of pocket expenses and time out of work. In order for the insurance company to continue to pay that coverage, they may require that you attend an exam with their doctors. If you fail to appear for that medical exam on two consecutive occasions, the insurance company will terminate your benefits and may refuse to pay for all of your medical treatment, leaving those bills for you to deal with. It’s important to note that generally, the insurance companies will reschedule these exams if it’s requested on time and for a valid reason and this is not counted as a no-show. It’s these nuances and pieces of information that makes it crucial for you to seek out an experienced and knowledgeable personal injury attorney.

If it’s a workers compensation case, where for example, you were injured at work in a construction accident or in a factory or store and you are receiving workers compensation benefits for your medical treatment and time out of work, in order to continue receiving those Worker’s Compensation benefits, you will be required to attend these medical exams with the Worker’s Compensation insurance companies doctor.

Finally, if a personal injury lawsuit is started and filed in the Court for your injuries, part of that process requires that you attend a medical exam or exams with doctors hired by the Defendant(s) involved. Those doctors will examine you and then provide a report related to the examination. As mentioned above, these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

If you’ve been injured in an accident, you need an experienced Personal Injury Attorney to guide you along the right path. Contact the Law Offices of Darren T Moore for a free consultation to discuss if you have a case – call us free at 917-809-7014.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Reasons To Hire A Car Accident Attorney In New York City

Car Accident Attorney Lawyer in New York

According to the New York City Police Department there were 228,047 car accidents in 2018 across the metropolitan area. New York City is a vibrant, fast paced city and from dawn to dusk, it’s crowded with traffic, pedestrians, motorists and cyclists to name a few. For these reasons, accidents involving cars, cyclists, and pedestrians can and do happen, anywhere and at any time. Even when we try our best to exercise caution, an accident can occur. If you or a loved one has been injured in a car or pedestrian accident in New York City, then you’ll need the experience of a highly trained car accident attorney in New York. That is why the Law Offices of Darren T. Moore are the trusted car accident law firm in New York, because they will fight for the compensation and rights you are entitled to. If you’ve been involved in a car accident, it’s important that you consult a car accident attorney.

First and foremost, if you or a loved one are involved in a car accident, the most important thing to do is to look after your physical well-being. That may include calling the EMS, receiving treatment from the EMS and going to the nearest ER or urgent care facility. Your health is your wealth so take care of your physical well-being at all times.

Make sure that you notify the police about the incident and this enables the police to generate a police report. If you can, make sure to take pictures of the vehicles involved and any damage done to the vehicles. Lastly, if you can, obtain the contact details for any witnesses that are present.

Car Accidents Need To Be Properly Documented

As above, gathering information and what we call the “evidence” at the time of the incident is crucial and that is one of the reasons why calling the police and EMS is very important as they will also diligently document all the necessary information related to the incident.

After gathering this information and getting immediate medical attention, one of the reasons you should call an experienced car accident attorney is to assist you in filing a “No-Fault” application.

What is No-Fault?

New York State follows a “no-fault” insurance system. In the event of a car accident, irrespective of whether you have personal insurance or insurance through your job, you are entitled to No Fault insurance coverage through your car insurance – that is the car you were in at the time of the car accident – irrespective of which vehicle is at fault for the accident. Through the No-Fault Insurance policy on the vehicle you were in at the time of the accident, you are entitled to receive coverage for all medical treatment and partial payment for lost time from work up to a maximum of $50,000. The purpose of the No fault protection is to protect motorists, bicyclists and pedestrians irrespective of fault and to obtain such coverage you don’t have to prove the other driver or driver’s negligence in order to collect benefits. 

Cost of car accident related injuries can be costly, and some injuries depending on the severity can lead to more chronic problems for victims, including disability or sometimes even death. 

Once your application is filed with the insurance company, your EMS and ER bill will be covered and you can then proceed to receive the medical treatment, care and diagnostic testing that you need to help you throughout the recovery process and if applicable, payment for lost earnings for the time you are out of work.

This is also where the experienced car accident attorneys and firm of The Law Offices of Darren T Moore can help. Our office prides itself on helping car accident victims and guiding them along the path to recovery. This can include referring you or your loved one to the right doctor and/or specialist and making sure that you know that your not alone on this path. We can assist with filing for and obtaining lost wages, making sure that your medical bills are covered and also, where necessary, arranging for home health care and assistance.

The complexities, deadlines and procedural requirements involved means that the risks are too great for you not to seek the professional expertise of a car accident attorney. If you’ve been injured in a car accident, our professional attorneys at The Law Offices of Darren T. Moore will help to make sure you have complied with all the deadlines and requirements.

Don’t Let Yourself Be Taken Advantage Of! 

If you or your loved one has been injured as a result of a car accident, you should reach out to The Law Offices of Darren T. Moore for a free consultation. Our professional and highly trained car accident attorneys will help you every step of the way with your case, to ensure you get the justice you deserve. 

Our Motto is “MOORE JUSTICE!” 

And if you don’t believe us, simply take a look at our reviews and testimonials on our website, Google and Avvo. 

Call us today at (917) 809-7014.