Many immigrants or minorities who are injured in car accidents often ask whether they can bring a legal claim for their injuries. Many ask whether not being a U.S. citizen makes a difference. Some believe that only U.S. citizens are allowed to seek justice in the legal system.
The hallmark of the American legal justice system is that all people are treated equally under the law. In theory, that principle absolutely applies to non-U.S. citizens, immigrants, and minorities, whether it is a criminal case or an accident case like a car accident or a fall down accident. However, in reality, the truth is that in especially conservative areas, immigrants and minorities do not always do so well in jury trials.
Trial lawyers know that one of the key components of winning a jury trial is getting a jury to sympathize with your client. That can be challenging, especially when your client does not speak English. That means that in a jury trial, a translator will be necessary, and oftentimes, a translator cannot convey the real pain and suffering caused by an accident. Invariably, things get lost in translation. Coupled with cultural and individual differences, presenting a non-English speaking plaintiff in a car accident case in Delaware is very much a modern day David versus Goliath battle.
Notwithstanding, it can be done. One of our recent car accident trials in Dover proves the point. Dover is a historically conservative area. Generally, in such conservative areas like Dover, juries are hard pressed to award any significant pain and suffering damages, especially in cases where an immigrant or non-U.S. citizen is the injured plaintiff.
Last week, I had the privilege of presenting an injured Haitian Creole immigrant’s car accident case to a Dover jury. My client was a passenger in a car pool. He was sleeping in the back seat, on the passenger side. The driver began veering off the road, and lost control of the car. The front seat passenger grabbed the wheel to try to prevent a collision with a tree. However, the car ended up striking a tree at full speed.
My client did not speak English well and we had to use a translator at trial. The jury saw my client’s very real and very significant injuries which included a fractured left arm, head injuries and spine injuries. We settled the case against the front seat passenger on the eve of trial. The jury came back with a verdict in my client’s favor and against the negligent driver for $90,000.00.
As a car accident lawyer, there is no greater professional satisfaction than being able to obtain a great result for a client, especially in a challenging case of presenting a non-English speaking plaintiff in a conservative area.
If you were injured in a car accident in Delaware and would a free assessment and consultation, please contact our Delaware car accident lawyers. (302) 658.1717
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Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717
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