Immigrants have always been a big part of California’s demographic makeup. In fact, 23% of the United States’ immigrants live in the Golden State, the largest number of any state. California lawmakers have in many ways embraced its vast immigrant population. When it comes to personal injury, the undocumented immigrant population in California is protected by law.
Can Undocumented Immigrants Sue For Personal Injury?
One of the biggest ways they have embraced immigrants is by allowing every personal injury victim the right to file a personal injury lawsuit, regardless of immigration status or citizenship.
Immigration status cannot be used to deny a personal injury case. Undocumented immigrants often assume they don’t have the same legal rights as U.S. citizens, but that’s far from the truth. California personal injury laws protect all victims and allows for full compensation regardless of citizenship or legal status.
Non-citizens who are injured in an accident caused by another have the same right to obtain a personal injury attorney and sue the negligent party to recoup much-deserved compensation.
California’s AB 2159: How It Protects Injury Victims Regardless of Immigration Status
Thanks to California’s AB 2159, which went into effect in 2017, a victim’s legal status is not admissible evidence at trial. Defendants cannot seek discovery of the victim’s status in personal injury and wrongful death matters.
Also, when calculating lost income, calculations must focus on what the victim could have earned in the United States if they had not been injured. They cannot take into account what the person might have made if they had stayed and worked in their home country.
Personal Injury Claim Rights for Undocumented Immigrants
The purpose of a personal injury claim is to help you get compensation for your injuries if someone else caused the accident, such as a car crash, bicycle, or pedestrian accident. Your right to make a claim is the same as any other person’s, whether you are a U.S. citizen or not.
For example, if you’re hit by a negligent driver while riding your bike, you can file a claim against the driver’s insurance to cover your medical costs, even if you don’t have legal status. The court will focus on the accident and your injuries, not your legal status.
Remember, seeking justice for an injury is not connected to immigration enforcement. You should not be afraid to stand up for your rights because of your status.
Immigration and personal injury law are complex issues. Here are some key aspects to consider:
Protection Under United States Law
As previously mentioned, U.S. law protects all persons, regardless of immigration status. That means non-citizens have the right to seek compensation for injuries sustained due to someone else’s recklessness or negligence.
Maintaining Ethical Standards
Legal professionals, including attorneys, prosecutors and law enforcement officials, are bound by ethical standards that do not permit them to use a person’s legal status against them.
Insurance Companies
Insurance companies cannot deny you a settlement based on your immigration status. Any discrimination you face should be documented and reported to a personal injury attorney.
In a free consultation, speaking with a personal injury lawyer can help you learn more about your legal rights.
Types of Financial Compensation an Undocumented Immigrant Can Receive
An undocumented immigrant is entitled to the same compensation (or “damages”) as a documented immigrant or U.S. citizen. The types of damages may include:
- Medical expenses: This includes the cost of emergency room visits, hospital stays, surgeries and physical therapy.
- Pain and suffering: Under California’s Proposition 213, drivers who are uninsured at the time of an accident cannot recover non-economic damages, such as pain and suffering, even if they were not at fault. However, exceptions exist. For example, if the other driver was convicted of DUI, they may still be able to claim non-economic damages.
- Lost wages: Recovering lost wages may prove more difficult if a person isn’t authorized to work in the U.S. and is not receiving W2 forms. An experienced personal injury attorney may secure some compensation by showing an estimate of what the person’s future income would be.
- Property damage: An individual may be able to recover the cost of repairs or replacement.
- Punitive damages: Although rare, punitive damages can be granted if the defendant’s actions were particularly malicious. This is done more to punish the defendant and make them an example than to compensate the victim.
Filing a Personal Injury Claim as an Undocumented Immigrant: Will It Risk Deportation?
Worrying about the risk of deportation if you file a personal injury claim is understandable. Fortunately, you can’t be deported if you file a personal injury claim as an undocumented immigrant. The law protects your right to seek compensation for injuries, regardless.
This means your immigration status cannot be brought up as evidence, and it won’t affect your ability to recover compensation for things like medical bills, lost wages, or property damage. Governor Jerry Brown approved AB 2159 in 2017, providing legal protection for undocumented immigrants seeking compensation for accident injuries.
Do I Have to Go to Court to Receive Compensation?
Most car accident claims settle out of court. Your attorney can file a claim with the at-fault driver’s insurance company and negotiate a fair settlement without ever going to court.
In the unlikely event that negotiations fail, your attorney might recommend filing a lawsuit with the court. Your attorney will discuss with you the benefits of going to court and possible outcomes.
Whether your injury claim settles during negotiations with the insurance company or in court through a verdict, your immigration status will never be an impediment to seek compensation.
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How a Personal Injury Attorney Can Help
Being undocumented can sometimes add more fear and intimidation to an already stressful situation, such as a car accident. For example, the person who caused the car accident may try to scare you or talk you out of filing a personal injury claim. They may also offer you cash in exchange for not pursuing a claim. Neither of these options are helpful, especially if you sustained serious injuries.
An experienced personal injury attorney can help by:
- Limiting your fear of exposure to the legal system
- Simplifying personal injury laws
- Expediting the claims process
- Protecting your rights
- Deflecting tactics insurance companies use to undervalue and deny claims
It’s not unheard of for insurance companies to take advantage of undocumented individuals because many of them are afraid to stand up for themselves.
Our Los Angeles personal injury attorney can investigate your personal injury claim, secure the evidence necessary to hold an at-fault party responsible, and deal with the insurance company on your behalf.
Contact Our Personal Injury Attorneys for Your Right to Compensation!
Never be afraid to pursue a personal injury claim after an accident or injury because of fears of deportation. For over 20 years, El Dabe Ritter Trial Lawyers have been dedicated to helping injury victims of all legal statuses recover the compensation they deserve. Contact us for a free, confidential case consultation. Take legal action, now.
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