Litchfield Superior Court rules to prohibit questioning of immigration status of plaintiff injured in motor vehicle accident, in a recent court ruling received by Ventura, Ribeiro & Smith.
Immigrants in Connecticut had an important legal win when the Superior Court in Litchfield ruled that in a personal injury claim the defense was prohibited in asking any questions regarding immigration status, documentation regarding status and/or questions related to entry into the country.
Attorney Robert A. Shrage of Ventura, Ribeiro & Smith argued that questions such as the above are not reasonable and do not lead to the discovery of admissible evidence which is relevant to a personal injury claim. Instead, such questions were designed to intimidate, oppress and harass the plaintiff.
The court agreed and ordered in protection of the plaintiff. In addition, the court ordered that the defense could not inquire into the plaintiff’s identification documents submitted to receive a driver’s license; whether he has a green card, visa or passport; whether he is a U.S. citizen or citizen of another country; whether he has a social security number or other tax identification number; or the manner in which he entered this country.
This decision will have tremendous impact in the State of Connecticut and its large immigrant community. “Often many members of our community shy away from pursuing personal injury claims for fear that their immigration status will come into question,” Attorney Shrage said. “This new ruling gives immigrants the ability to pursue a personal injury claim and alleviates the financial pressures resulting from mounting medical bills and treatment. It further allows them to seek compensation for their pain and suffering, without requiring them to live in fear regarding their immigration status.”