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Do you need to be a United States citizen to file a lawsuit?

On Behalf of | Dec 27, 2022 | Injuries

People get hurt in Colorado every day. There are car crashes, machinery failures and slip-and-fall incidents that leave people hospitalized and sometimes struggling with lifelong medical conditions. There are numerous forms of protection available to those hurt due to misconduct or negligence.

Often, there is insurance available, including after a car crash or an incident on someone else’s property. Other times, the people affected by an incident may not have access to insurance or may realize that insurance is inadequate for their needs.

Personal injury lawsuits are away for those harmed by someone else’s mistakes. Do you need to be a citizen of the United States to make use of Colorado’s personal injury statutes?

Anyone hurt by another party can file a lawsuit

People enter the United States for work, to visit family members or for vacation. When they get hurt while visiting here, they often don’t understand what rights they have. Whether you experienced a car crash caused by someone without an insurance policy or you got hurt because of poor property maintenance at a hotel, you realize that someone who lived in the United States would likely have grounds for a lawsuit.

In that situation, you may have the right to take the responsible business or individual to civil court. There is a federal statute that allows those who live in other countries to make use of the domestic court system for incidents that occur in the United States and infractions involving citizens of the United States or companies headquartered in the country.

What rights do a visiting foreign national have?

Under the Alien Tort Statue, an individual with the grounds or a personal injury claim under Colorado law can file a lawsuit against either a person or a business that caused harm, including physical injuries and property damage.

With domestic legal representation, those bringing a personal injury lawsuit under the Alien Torts Statute can potentially avoid needing to physically return to the United States. Tourists often worry that pursuing a lawsuit would cost too much because of needing to travel back to the United States repeatedly to handle a case.

Having a Colorado attorney represent you in your claim might mean that you never have to be physically present in court at all to hold someone accountable for the injuries they cause. Knowing and making use of your personal injury rights under Colorado and United States law will help you if you ever get hurt while visiting your country.