Accidents happen. This is true whether you are from another country and are in the United States for business or tourism or you are a United States citizen. As a non-citizen, you have almost the exact same rights that a citizen has when it comes to a personal injury claim.
In most cases, a non-citizen can sue for damages just like a citizen.
Jurisdiction
For the most part, you have to file your personal injury case in the state where the injury occurred. These are civil cases that take place in the state’s superior court. Personal injury cases are normally just civil cases, although some may have a criminal component.
Any party has the right to ask that their lawsuit occurs in federal court, regardless of citizenship.
Cause of action
You must be able to prove that the injury was due to negligence. Negligence has different definitions depending on the country. In this case, you must prove negligence according to the United States’ definition, regardless of where you are from. Each state can have a different definition of negligence as well. You have to prove that:
- The person or business you are suing is responsible for protecting you from harm.
- The person or business did not protect you.
- You suffer from a real injury that is a consequence of the person or business’s breach of duty.
The definition of negligence in the United States is less restrictive than in other countries.
Tourists and businessmen from other countries sometimes do not understand this or think they cannot seek damages simply because they are not U.S. citizens.