If you are living in or visiting Florida undocumented and get injured in some type of accident, you may be nervous or unsure about speaking to a personal lawyer about your rights for fear of bring attention to your immigration status.  Accidents happen, and if you’re injured due to someone else’s negligence, you have rights. So if you are wondering “Do I need papers to bring a personal injury lawsuit for a car accident or slip and fall in Florida?”, this article will answer your question.

 

The Legal Rights of Non-US Citizens in Florida 

 

Firstly, you do not need to be a US citizen to file a personal injury claim in Florida. This includes cases involving car accidents, slip and falls, medical malpractice, or other negligence scenarios. Here’s why this topic matters in Florida especially:

  • Tourism in Florida: Florida welcomes millions of tourists each year. According to Visit Florida, in 2023, the state saw approximately 137.6 million visitors, with many of them in Miami-Dade County, known for its beaches, nightlife, latin culture and tourism attractions. Accidents can happen to anyone, and tourists are no exception.
  • Immigrant Population: Florida also hosts one of the largest populations of undocumented immigrants in the U.S. The Migration Policy Institute estimates that there are around 775,000 undocumented immigrants in Florida. In Miami-Dade County alone, this number is significant, with estimates suggesting over 200,000. This demographic is particularly vulnerable to accidents.

 

No Fear of Deportation for Seeking Justice 

The critical point to understand is that bringing a personal injury lawsuit has nothing to do with your immigration status. Legal precedents and laws clearly support this position. For instance, under Florida law, any person, regardless of citizenship, can seek compensation for personal injuries. The Florida Statutes do not differentiate between citizens and non-citizens when it comes to civil litigation rights, ensuring that all individuals have equal access to the legal system for personal injury claims.

 

Addressing Common Fears 

Many undocumented individuals are scared to pursue legal action due to fears of deportation. However, the law and judicial practice provide reassurances:

  • Legal Precedent: Cases like Plyler v. Doe have established that state laws cannot discriminate based on immigration status, a principle that extends to civil matters like personal injury lawsuits. While this case primarily deals with education, the underlying principle of non-discrimination based on immigration status has been applied in various legal contexts, including personal injury law.
  • On the Merits: While lawsuits are public records, the focus in personal injury litigation is on the merits of the case rather than the plaintiff’s immigration status. The goal is to resolve the dispute based on legal rights and evidence, not on personal status.
  • Caveat: While an undocumented victim of an injury can avail themselves of the civil courts, it does not mean that they will be able to stay in the country if ICE takes action to remove them. While the undocumented injury victim has rights, a defendant may try to report them to law enforcement in an effort to gain a legal advantage or otherwise halt their ability continue the case

 

Cruise Ship Injuries 

Florida, particularly Miami, is a major hub for cruise ships. People from all over the world, including both citizens and non-citizens, come to enjoy these cruises. Unfortunately, injuries on cruise ships are common, encompassing a range of scenarios:

  • Rape and Sexual Assault: Sadly, incidents of assault by crew members or other passengers can occur. For example, a passenger might suffer an assault in their cabin, leading to physical and psychological trauma.

 

  • Slip and Falls: The Lido deck, known for its social activities, can be a common site for slip and fall incidents due to wet surfaces or uneven flooring. An example could involve a passenger slipping on a spilled drink, resulting in a serious injury like a hip fracture.

 

  • Medical Malpractice: Onboard medical facilities might not always meet the expected standards, leading to cases where improper treatment by a ship’s doctor results in further injury or infection.

 

  • Foodborne Illness and Disease: Outbreaks of diseases like norovirus have been reported on cruises, where inadequate food handling or sanitation can lead to mass illness among passengers.

 

  • Burn Injuries: Incidents in the kitchen or from malfunctioning equipment can cause severe burns. A case might involve a passenger getting scalded by hot steam from a buffet serving station.

 

  • Drowning: Pool areas or during excursions involving water activities can lead to drowning or near-drowning incidents. An example could be a passenger falling overboard during rough seas.

 

  • Excursion Injuries: During shore excursions, accidents can happen due to inadequate safety measures or guidance. For instance, a tourist might be injured in a vehicle accident during a tour organized by the cruise line.

 

Regardless of whether you are a U.S. citizen or not, if you are injured on a cruise ship, you are entitled to bring a lawsuit. Most cruise lines are headquartered in Miami, and their contracts often stipulate that legal actions must be filed in federal court there, ensuring a consistent legal approach regardless of one’s citizenship or residency.

 

Why Perkins Law Offices? 

At Perkins Law Offices, we understand the unique concerns of non-US citizens. We are committed to providing legal support to everyone who has been wronged, ensuring:

  • Free Consultations: We offer consultations where you can discuss your case without any obligation.
  • No Fees Unless We Win: You won’t face any financial risk. We only charge if we recover compensation for you.

 

Contact Us: 

  • Miami Office: 1728 Coral Way, Suite 702, Miami, FL 33145
  • Boca Raton Office: 6560 W. Rogers Circle, Suite 15, Boca Raton, FL 33487
  • Phone: 305-741-5297
  • Email: perkins@perkinslawoffices.com

 

Whether you’re a tourist, a resident with or without papers, if you’ve been injured in Florida due to someone else’s fault, remember, you have the right to seek compensation. Don’t let fear keep you from the justice and recovery you deserve. Visit PerkinsLawOffices.com or contact us directly to learn more about protecting your rights.