A man was hit by a car while crossing the street. Legally what to do?
Here is the situation as I have had it told to me: About a year ago, there was a gentleman (in his 50s) crossing the street in the town where I live. He was hit by a car driven by an elderly lady who was not drinking, just not paying attention. He was in a coma for weeks. Since he came out of it, he has had many health problems. He can't speak (because he can't move his mouth), he has had a couple of surgeries for hernia and other health problems. He barely walks, and has mental problems. Previous to this, he worked.
So, now he is unable to work. He and his friends came to ask what to do (I do interpretation). I am not sure if he is legally here or not. When I asked, he said he was a citizen, but, there was a problem with his social security number (?) and his friends seemed to think he may be illegal.
I just need to know where to send him. To an attorney, I suspect, but, if he is illegal will that be a good move? I know he can't be deported, but, can he sue?
?2007-12-20T10:37:20Z
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You would first have to find out if he was crossing at a crosswalk or a traffic signal or Stop sign. Also the lady was not under the influence of drugs or alcohol. If he was not crossing at one of the above I'm afraid that he has little to no legal recourse in the first place. He would have a hard time proving negligence.
Forhirepen is correct that a lawyer will not turn him in. Garys is incorrect to say that if a person crosses at the wrong part of the street they automatically have no recourse. Rickinnocal is correct that there is a potential lawsuit, but he does not seem to have addressed your concern that bringing a lawsuit may draw unwanted attention to this potentially illegal resident. I'd recommend that he get a lawyer, but that he get one at a firm that has specialists in both personal injury and immigration law, and make sure that which-ever attorney he speaks to first is aware of both his issues--the accident, and his uncertain status. Between the two of them they should be able to figure out what his rights and risks are.
Also, he should do so quickly, for many reasons. The statute of limitations, the preservation of memory and evidence, and so forth.
If someone is from another country and they come here and an American citizen is negligent resulting in that foreigner sustaining grievous bodily injury, then they have every right to sue in the correct jurisdiction. If he is technically a citizen of another country, unless he can prove he is domiciled in an American state, he will probably have to sue in federal court. The fact that he might be an illegal citizen doesn't bar him from a negligence cause of action. Have him seek an attorney that is familiar with federal court as well as tort actions.
I had to look up 'forint' to see which country's currency it was. I think you just ran into a jerk. You obviously meant well and were not well received. Personally, I would have thanked you and try to learn something, but that's me. My neighbours did a Hungary Holiday last year and were delighted with it. They turned up at their hotel in Budapest and found to their horror that they had somehow left their credit cards at home. The hotel 'compted' them for a week until the cards arrived and they said the hotel staff were so nice, they were speechless. And of course, the tours and the countryside and Hungarian cuisine, it all left them breathless. It's given me a yen to go there myself. Maybe next year. This year we're going to go to Greece.
Send him to a personal injury attorney. His immigration status is not relevant to his accident and it sounds like he is seriously injured. The attorney should not charge him a thing, he should take the case for 25% or 30% of the recovery.