<h1>Can a Non-Citizen File a Personal Injury Lawsuit</h1>

<audio class="wp-audio-shortcode" id="audio-1817-1" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-306-Can-a-Non-Citizen-File-a-Personal-Injury-Lawsuit.mp3?_=1" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-306-Can-a-Non-Citizen-File-a-Personal-Injury-Lawsuit.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-306-Can-a-Non-Citizen-File-a-Personal-Injury-Lawsuit.mp3</a></audio>
I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today&#8217;s question comes from a caller concerned about whether a non-citizen can file a personal injury lawsuit.
The 14th Amendment to the U.S. Constitution extends the right to seek due process while in the U.S. to U.S. citizens, legally admitted residents, and undocumented immigrants.
Thus, citizenship is not a requirement for filing a personal injury claim.
A person who is in an accident in Indiana, can bring a personal injury lawsuit in Indiana, regardless of their country of origin or citizenship status.
That said, will a person’s immigration status be admissible in court?
Indiana Evidence Rule 401 deems evidence relevant when it &#8220;has any tendency to make a [consequential] fact more or less probable than it would be without the evidence.&#8221;
Generally, relevant evidence is admissible.
However, relevant evidence may be excluded &#8220;if its probative value is substantially outweighed by the danger of . . . unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.&#8221; Rule 403.
In 2017, the Indiana Supreme Court ruled that an unauthorized immigrant was permitted to file a lawsuit against a general contractor seeking damages based on a work-related injury under the Indiana Constitution’s Open Courts Clause in Ind. Const. art. I, Sect. 12 which provides:
All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase, completely, and without denial; speedily, and without delay.
In that case, the plaintiff’s immigration status was deemed to be relevant, but due to a danger of confusion and unfair prejudice, the immigration status was excluded from evidence.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; While there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-306-can-a-non-citizen-file-a-personal-injury-lawsuit/">Ep 306 Can a Non-Citizen File a Personal Injury Lawsuit</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Can a Non-Citizen File a Personal Injury Lawsuit I&amp;#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&amp;#8217;s question comes from a caller concerned about whether a non-citizen [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-306-can-a-non-citizen-file-a-personal-injury-lawsuit/"&gt;Ep 306 Can a Non-Citizen File a Personal Injury Lawsuit&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Can a Non-Citizen File a Personal Injury Lawsuit I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Can a Non-Citizen File a Personal Injury Lawsuit I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&#8217;s question comes from a caller concerned about whether a non-citizen [&hellip;]

Ep 306 Can a Non-Citizen File a Personal Injury Lawsuit

<h1>Parental Liability for Teen Drivers</h1>
<audio class="wp-audio-shortcode" id="audio-1787-2" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-305-Parental-Liability-for-Teen-Drivers.mp3?_=2" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-305-Parental-Liability-for-Teen-Drivers.mp3">https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-305-Parental-Liability-for-Teen-Drivers.mp3</a></audio>
I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today&#8217;s question comes from a caller concerned about the financial responsibility of parents for a child driver under age 18. She says she is concerned about letting her 16-year-old daughter ride with a 17-year-old friend.
Teen drivers are frequently categorized as high-risk drivers because of their limited driving experience, and as a group, teen drivers are the most likely to cause car accidents, according to the Centers for Disease Control and Prevention. When crashes happen, parents can be held financially responsible for their minor child’s negligence while behind the wheel.
In Indiana, parents may be held financially liable for a child under the age of 18. Where a parent signs an application for a permit or driver&#8217;s license for someone under age 18, they agree to be responsible jointly and severally with the minor applicant for any injury or damage that the minor applicant causes by reason of the operation of a motor vehicle if the minor applicant is liable in damages.
When a minor applicant becomes 18 years of age, the individual who signed the minor&#8217;s application is relieved from the liability for the child.
Under Indiana law, a parent’s financial liability for damages caused by his or her minor child hinges on whether the actions of the minor were done “knowingly, intentionally, or recklessly,” – in which case Indiana statute provides that a parent may only be held liable up to $5,000—or whether the minor’s actions were negligent, in which case a parent may be financially liable without a maximum, statutorily-set ceiling.
A typical car crash case is usually the result of someone’s negligence, rather than intentional harm. In negligence-based car crash situations, liability for damages and injury caused by the minor child is statutorily imputed to the parent. It’s automatically imputed to the parent without consideration of the specific facts of what a parent did or didn’t do.
Additional things to consider include a legal concept called “negligent entrustment,” where the owner of a vehicle (such as a parent) is aware (or should be aware) that the minor driver poses a danger to others. In such a case, a parent can share some of the liability for the minor driver’s actions. For example, say a teen is known to be reckless, yet the parent still allows the teen to operate the parent’s car. That could open the parent up to liability for the minor’s actions under the legal doctrine of “negligent entrustment.”  Liability under this theory is different from the kind of automatic statutory liability discussed earlier because “negligent entrustment” looks to the specific facts about whether what the parent did or failed to do was reasonable in connection with the minor driver’s car crash.
Practically speaking, a parent’s financial responsibility for their minor child’s accident depends a lot on car insurance. Car insurance usually covers a vehicle, including anyone who has permission to drive that vehicle. If the minor child was using the parent’s vehicle with permission and wasn’t specifically listed as a driver excluded from coverage, then the parent’s car insurance on that vehicle typically extends to cover the teen driver. It’s also important to mention that some car insurance policies are set up to cover individual policyholders and named drivers. In such situations, the insurance policy on the vehicle should be set up to provide coverage for the child as a listed driver under the policy up to maximum policy limits.
Here, the caller should inquire from the parents of the 17-year-old friend who will be driving her daughter about the coverage for the vehicle being operated, and confirm that the child driver is listed as insured on the policy.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-305-parental-liability-for-teen-drivers/">Ep 305 Parental Liability for Teen Drivers</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Parental Liability for Teen Drivers I&amp;#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&amp;#8217;s question comes from a caller concerned about the financial responsibility of parents for [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-305-parental-liability-for-teen-drivers/"&gt;Ep 305 Parental Liability for Teen Drivers&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Parental Liability for Teen Drivers I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Parental Liability for Teen Drivers I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&#8217;s question comes from a caller concerned about the financial responsibility of parents for [&hellip;]

Ep 305 Parental Liability for Teen Drivers

<h1>Proving Loss of Enjoyment of Life</h1>
<audio class="wp-audio-shortcode" id="audio-1785-3" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-304-Proving-Loss-of-Enjoyment-of-Life.mp3?_=3" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-304-Proving-Loss-of-Enjoyment-of-Life.mp3">https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-304-Proving-Loss-of-Enjoyment-of-Life.mp3</a></audio>
I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today&#8217;s topic is about proving “non-economic” damages, such as an injury’s impact on a person’s quality of life.
Often people who suffer an injury as a result of another person’s negligence will find that they cannot engage in certain activities (essential tasks, hobbies, social activities, etc.) as did before the injury incident.
These losses are recoverable, but there must be proof to causally relate the loss to the injury incident.
In other words, just saying that you can no longer go grocery shopping, walk the dog, play golf, ski, or ride a bike, will not be enough to prevail in court.
In addition to the plaintiff’s testimony, a doctor will be needed to explain how the injury impacts the ability to do the things the plaintiff says they can no longer do.
Such testimony may come from a medical doctor. It also may come from a psychiatrist or psychologist who may testify about PTSD, anxiety, panic attacks, etc., and the limiting and debilitating impact of these conditions.
Friends and family may also testify to how the injured party was before the incident, and how the person is after the injury incident.
Pre and post-injury photos and videos may also be helpful in establishing the lasting impact of an injury.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; While there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-304-proving-loss-of-enjoyment-of-life/">Ep 304 Proving Loss of Enjoyment of Life</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Proving Loss of Enjoyment of Life I&amp;#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&amp;#8217;s topic is about proving “non-economic” damages, such as an injury’s impact on [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-304-proving-loss-of-enjoyment-of-life/"&gt;Ep 304 Proving Loss of Enjoyment of Life&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Proving Loss of Enjoyment of Life I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Proving Loss of Enjoyment of Life I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&#8217;s topic is about proving “non-economic” damages, such as an injury’s impact on [&hellip;]

Ep 304 Proving Loss of Enjoyment of Life

<h1>Airbag Deploys and Sprays Shrapnel</h1>
<audio class="wp-audio-shortcode" id="audio-1821-4" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-308-Airbag-Deploys-and-Sprays-Shrapnel.mp3?_=4" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-308-Airbag-Deploys-and-Sprays-Shrapnel.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-308-Airbag-Deploys-and-Sprays-Shrapnel.mp3</a></audio>
I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today&#8217;s question comes from a caller who said she lost control of her car on ice and went into a ditch. During the wreck, her driver-side airbag deployed and shot off pieces of metal into the occupant compartment. It was like shrapnel from an improvised explosive device she said. She suffered fairly serious injuries.
She wanted to know her legal options.
There have been quite a few cases over the past several years involving defective Takata airbags.
The car she was driving had a Takata programmable smokeless driver’s inflator.
It is a dual-stage inflator that utilizes a propellant that as it ages is susceptible to moisture and thermal cycling, resulting in a rapid and defective inflation of the airbag.
It is the type of airbag that has been shown to produce excessive internal pressure. Excessive pressure can cause metal fragments to pass through the airbag and strike an occupant.
In the caller&#8217;s case she may qualify for compensation through the Takata Individual Restitution Fund established under a Restitution Order entered against the Takata Corporation in connection with Takata’s Chapter 11 Bankruptcy Plan of Reorganization.
The caller may also have a potential claim against the vehicle manufacturer based upon strict product liability, failure to warn, and negligent recall.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-308-airbag-deploys-and-sprays-shrapnel/">Ep 308 Airbag Deploys and Sprays Shrapnel</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Airbag Deploys and Sprays Shrapnel I&amp;#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&amp;#8217;s question comes from a caller who said she lost control of her car [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-308-airbag-deploys-and-sprays-shrapnel/"&gt;Ep 308 Airbag Deploys and Sprays Shrapnel&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Airbag Deploys and Sprays Shrapnel I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Airbag Deploys and Sprays Shrapnel I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&#8217;s question comes from a caller who said she lost control of her car [&hellip;]

Ep 308 Airbag Deploys and Sprays Shrapnel

<h1>Can I Sue if I Didn&#8217;t Wear Seatbelt</h1>
<audio class="wp-audio-shortcode" id="audio-1783-5" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-303-Can-I-Sue-if-I-Didnt-Wear-Seatbelt.mp3?_=5" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-303-Can-I-Sue-if-I-Didnt-Wear-Seatbelt.mp3">https://personalinjuryprimer.com/wp-content/uploads/2025/01/Ep-303-Can-I-Sue-if-I-Didnt-Wear-Seatbelt.mp3</a></audio>
I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today&#8217;s question comes from a caller concerned about being able to sue for injuries sustained in a car crash. She said she was not wearing a seatbelt at the time of the crash, and the police cited her for not wearing her seatbelt.
The answer is generally yes, the caller could sue but may be found to be partially at fault for the injuries suffered, which could reduce how much money she is able to recover.
In the caller&#8217;s situation, the defense will likely argue that the failure to wear a seat belt made her injuries far worse than they would have been if she had buckled up.
The defense will argue the caller had the duty to wear a seat belt and acted unreasonably in failing to wear her seat belt.
Of course, the defense team will have the burden to prove that the caller’s failure to wear a seat belt caused or aggravated her injuries.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; While there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-303-can-i-sue-if-i-didnt-wear-seatbelt/">Ep 303 Can I Sue if I Didn’t Wear Seatbelt</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Can I Sue if I Didn&amp;#8217;t Wear Seatbelt I&amp;#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&amp;#8217;s question comes from a caller concerned about being able to [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-303-can-i-sue-if-i-didnt-wear-seatbelt/"&gt;Ep 303 Can I Sue if I Didn’t Wear Seatbelt&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Can I Sue if I Didn’t Wear Seatbelt I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Can I Sue if I Didn&#8217;t Wear Seatbelt I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today&#8217;s question comes from a caller concerned about being able to [&hellip;]

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