Visiting the United States is a dream for many. But what happens if that trip takes an unexpected turn due to an accident or injury? Many foreign visitors wonder if they have legal options in the U.S. for an injury sustained while on vacation. The short answer is: yes, you can sue, regardless of your visa status.
Legal Rights for Foreign Visitors in the United States
In the United States, personal injury law protects anyone who is injured due to someone else’s negligence—regardless of whether the victim is a U.S. citizen or not. U.S. law grants the right to sue to anyone injured within its borders, including foreign tourists, students, workers, and even those without legal immigration status.
Here are a few key points to keep in mind:
- Visa Type Does Not Matter: Whether you are in the U.S. on a tourist visa, student visa, work visa, or even if you are undocumented, you have the right to file a lawsuit if you have been injured, or a family member has been killed, due to someone else’s negligence.
- Rights are Protected Regardless of Legal Status: In the U.S., legal protections for personal injury cases are broad. Your visa status, or lack thereof, does not limit your right to seek compensation for damages. Courts consider the facts of the case and the evidence of injury, not your immigration status.
Understanding Your Rights as a Non-Citizen
In the United States, the rights of non-citizens are protected under the same laws and constitutional provisions that apply to citizens. Article III of the U.S. Constitution allows federal jurisdiction in cases involving citizens of different countries or states, meaning you can sue in federal court if your case involves a U.S.-based defendant. Non-citizens can also file lawsuits in state courts, although there are cases where either party may request that the case be moved to federal court.
Key Legal Issues for Non-Citizens Filing a Lawsuit
When considering a lawsuit in the U.S. as a non-citizen, two primary issues typically come into play: jurisdiction and sufficient cause of action.
- Jurisdiction
Jurisdiction refers to the court’s authority to hear a case. In the U.S., personal injury and wrongful death lawsuits are generally filed in the state where the injury occurred. For example, if you were injured in New York, your case would typically be filed in a New York state court. However, when one party is a non-citizen, either side may request the case be transferred or “removed” to a federal court, which is sometimes preferred for cases involving international parties.
If your injury occurred in a specific location—such as a car accident in California or a slip-and-fall accident at a hotel in Las Vegas—your attorney would typically file the lawsuit in that jurisdiction’s court. The local court will have the authority to hear and decide on cases involving incidents within that area.
- Sufficient Cause of Action
In any personal injury case, the plaintiff must prove that the defendant’s negligence directly led to the injury. To establish negligence, you must show:
- Duty of Care: The defendant had a legal obligation to ensure your safety or take reasonable steps to prevent harm.
- Breach of Duty: The defendant failed to meet this responsibility.
- Direct Causation and Injury: The injury or death must be a direct result of the defendant’s actions or negligence.
This is sometimes a complex analysis for non-citizens because legal standards for personal injury vary from country to country. In the U.S., “negligence” and “liability” are generally defined more broadly than in many other countries, and plaintiffs may have more rights to compensation for damages. To learn more about what the three (3) basic factors needed for a successful personal injury case are, please see this article.
Common Injuries Suffered by Tourists and Other Visitors to the U.S.
Injuries can happen in many ways, but some of the most common types include:
- Slip and Falls: Hotels, stores, and tourist attractions have a duty to maintain safe conditions.
- Vehicle Accidents: Rental cars, motorcycles, bicycles, electric bikes, electric scooters, buses, and Uber and Lyft are common forms of transportation for visitors. However, accidents can happen due to another driver’s negligence. Even if you are a passenger in the vehicle that is at fault for an accident, you can sue.
- Recreational Injuries: Injuries sustained at amusement parks, water parks, or even outdoor recreational activities, such as zip-lining or boating, can also lead to a claim.
At Urban Thier & Federer, P.A., we have successfully represented Clients injured in the US from many different countries. If you have been injured while visiting the United States, do not hesitate to reach out to us. Contact Urban Thier & Federer to learn about your legal options. Most injury and death cases are represented on a No Win, No Fee/Contingency fee basis. Regardless of your citizenship or visa status, you have rights—let us help you protect and pursue them.