Can Illegal Immigrants Sue for Personal Injury?

Yes. Regardless of a person’s immigration status, anyone injured due to someone else’s negligence can file a personal injury lawsuit to seek compensation. Knowing your rights and available options empowers you to take control of your situation. Here is what you need to know.

Does Immigration Status Affect a Personal Injury Lawsuit?

Immigration status cannot be used to deny an injury claim. Under California law, undocumented immigrants, citizens, and non-citizens all have the right to seek compensation for injuries sustained in the U.S.

Therefore, undocumented immigrants are entitled to the same legal protections as American citizens when pursuing personal injury claims.

Additionally, immigration law and personal injury law are distinct legal areas. This is why legal status is typically irrelevant in personal injury cases and cannot be used to prevent someone from receiving compensation for their injuries.

Personal Injury Cases That Undocumented Immigrants Can Pursue

Like other accidents resulting from another party’s negligence, undocumented immigrants can file personal injury claims for various types of cases, including:

• Car Accidents: Any motor vehicle accident, like a truck accident, motorcycle accident, or pedestrian accident, resulting in injury caused by another driver’s carelessness or recklessness
• Workplace Accidents: Injuries sustained while working, regardless of immigration status or work authorization
• Slip and Fall Accidents: Injuries from hazardous conditions like a wet floor, uneven ground, or poor lighting on someone else’s property
• Medical Malpractice: Injuries caused by a healthcare professional’s negligence or substandard care

How Pursuing a Personal Injury Claim Works for Undocumented Immigrants

A personal injury claim must clearly explain how the negligent actions of the defendant (accused party) caused the accident, resulting in injuries and damages to the plaintiff (injured party). To prove negligence, the following four elements must be established:

1. The defendant owed the plaintiff a legal duty of care.
2. The defendant breached that duty of care.
3. The defendant’s breach of duty caused the accident.
4. The accident directly caused the plaintiff’s injuries and damages.

Proving Negligence in a Personal Injury Case

A duty of care means someone has a legal responsibility to prevent harm to others. For example, all motorists have a duty of care to follow the California car accident laws and drive at a reasonable speed; failing to do so is considered a breach of duty, as it demonstrates a failure to prevent harm.

To prove negligence, the injured victim must show how any sustained injuries were directly caused by the accident. For example, if a speeding driver causes a collision and results in injury, this shows how the speeding (breach of duty) caused the car accident and resulting injury.

A personal injury case is valid when a direct link between the victim’s injury and the defendant’s negligence is evident.

Damages That Can Be Compensated in a Personal Injury Case

In personal injury cases, “damages” account for both financial and non-monetary losses suffered as a result of another’s wrongdoing. These losses are categorized as economic and non-economic damages and are intended to compensate personal injury victims.

Economic Damages

These damages compensate for calculable financial losses experienced from the accident, such as lost wages from time off work, medical bills to treat injuries, and out-of-pocket expenses to repair or replace property damage.

Non-Economic Damages 

These damages compensate for the pain and suffering from the accident, such as loss of enjoyment of life when injuries interfere with enjoying activities that were previously enjoyed or the emotional and physical discomfort experienced from chronic injuries.

Examples of Economic and Non-Economic Damages

If an undocumented immigrant was involved in an accident that was caused by someone else negligence, common examples of recoverable damages include the following:

• Current medical bills
• Future medical expenses
• Lost wages
• Loss of future earnings
• Property damage
• Pain and suffering

Other forms of compensation, like punitive damages, may also be available, depending on the severity of the accident and other circumstances surrounding the claim.

Fears Undocumented Immigrants Face When Filing Personal Injury Claims

While a plaintiff’s immigration status is not relevant in a personal injury case, many undocumented immigrants do not exercise their legal options due to the fear of being deported or facing other consequences, such as:

• Not Recovering Full Compensation: Injured victims are entitled to pursue compensation for all losses resulting from a negligence-based accident, including injuries, medical expenses, lost wages, and pain and suffering.
• Retaliation: While some undocumented individuals may fear deportation, being reported to immigration authorities, or employer retaliation, the law protects against such actions, and these fears should not prevent anyone from pursuing legal action.
• Confidentiality of Immigration Status: Immigration status does not have to be disclosed in a case unless directly relevant to the case.

• Consequences for no license: Driving without a license or car insurance can lead to penalties, but it is not necessary to successfully pursue a lawsuit. Furthermore, insurance companies cannot deny claims based on immigration status.

Can You Get Deported for Suing While Undocumented?

No, the United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are not allowed to target or deport individuals pursuing a personal injury claim.

Immigration authorities generally avoid attempting to deport individuals involved in ongoing cases, as this could be seen as obstructing justice.

Intimidating or threatening someone with deportation for filing a claim is illegal and can have serious legal consequences.

Can Undocumented Workers Sue an Employer?

Undocumented employees are still entitled to workers’ compensation benefits for workplace injuries. Regardless of immigration status, all employees, including undocumented workers, have the right to these benefits and to pursue legal action when employers do not honor these workplace regulations.

In California, undocumented immigrants can generally sue their employer in two primary situations: 

• when the employer fails to provide workers’ compensation coverage
• when the employer engages in intentional or egregious acts towards undocumented workers

The law does not prevent undocumented employees from receiving workers’ compensation benefits for workplace injuries.

What to Know About Workers’ Compensation Coverage

California law requires that employers provide workers’ compensation for all employees, regardless of immigration status. This ensures everyone has access to benefits and protection if injured or ill at work. 

If an employer doesn’t have this insurance, an employee, including undocumented immigrants, can file a personal injury lawsuit and sue the employer.

California’s law covers all workers regardless of immigration status, aims to ensure fair treatment, and provides financial compensation for medical costs and lost wages due to work-related injuries or illnesses.

When Do You Need a Workers Compensation Attorney?

Because workers’ compensation is required by law, all employees are entitled to benefits if they are injured or become ill while working. A workers’ compensation attorney may be necessary if an employer does not offer these benefits. Additional situations that may require legal representation include:

• Claim Denied: If a claim is rejected, an attorney can appeal the decision.
• Inadequate Compensation: If the benefits offered do not cover the sustained damages, an attorney can fight for fair compensation.
• Employer Retaliation: If an employer retaliates through termination or with threats, a workers’ compensation lawyer can defend an employee’s rights.

Should I Hire A Personal Injury Lawyer if I Am an Undocumented Immigrant?

Undocumented immigrants injured due to another’s negligence have the same legal rights as anyone else. However, fear of deportation or other repercussions often prevents them from seeking legal recourse.

Hiring an experienced personal injury attorney ensures fair treatment and appropriate compensation for injured victims. 

Additionally, legal representation simplifies the claims process, clarifies the relevant laws, and can effectively counter tactics insurance companies may use to deny claims or intimidate claimants.

Do not allow the insurance company to exploit the fears of filing a claim. Working with a personal injury attorney allows undocumented individuals to file a personal injury claim with the at-fault driver’s insurance company and negotiate a just settlement.

When to Hire a Personal Injury Attorney

The statute of limitations is the timeframe for filing personal injury lawsuits. In California, personal injury victims generally have two years to file a claim. However, depending on the circumstances of the case, this time period can be reduced to as little as six months.

Therefore, it’s best to speak with an attorney as soon as possible. This will protect the case and prevent insurance companies from trying to reduce its value.

Experienced personal injury lawyers evaluate cases, considering the severity of the injury, identifying who caused it, and gathering supporting evidence.

They have a deep understanding of negligence laws and can explain victims’ rights, the legal process, and possible outcomes for undocumented immigrants filing personal injury claims.

How Attorney Jeff Helps Undocumented Immigrants

Your immigration status does not affect your right to justice. If you’re an undocumented immigrant, who was injured in an accident, Jeff’s Got You.

An experienced personal injury attorney from Attorney Jeff Car Accident Lawyer can:

• Protect Your Rights: Clearly explain your legal rights and available protections
• Build a Strong Case: Thoroughly investigate and gather evidence to prove the defendant’s negligence
• Aggressively Negotiate: Fight for a just settlement, regardless of immigration status
• Address Legal Challenges: Protect clients from any attempts from insurance companies to use immigration status against the case

Let us fight for your rights and get you the compensation you deserve. Schedule a free consultation today.