January 9, 2025

Can illegal immigrants sue for personal injury?

Being injured by another person in an accident is always stressful and painful. But what if you are an illegal immigrant and injured by another person’s negligence in a car accident, slip-and-fall case, dog bite incident, or other mishap? Can you still sue for personal injury? The short answer is yes; you can file a claim against the liable party regardless of your US immigration status.

However, you should speak to a personal injury attorney if you’re an undocumented alien and were injured by another party to ensure your case is handled correctly. Contact your lawyer in California at Crown & Stone Law, P.C., today. Our dedicated attorneys will fight for the most compensation for your medical bills, lost wages, and pain and suffering. Principal Attorney Avi E. Muhtar won the Avvo Clients’ Choice Award in 2024 and has earned a stellar reputation in his California personal injury cases.

The Undocumented Population In California

Undocumented immigrants are a growing population in California. The Pew Research Center estimates there are at least 2 million illegal immigrants in the state, which is 6% of the population. Thus, it’s common for undocumented aliens to be injured in auto and other accidents by other parties. They are still entitled to compensation if they prove fault in a personal injury claim or lawsuit.

Undocumented immigrants in California can pursue personal injury cases despite their plaintiff’s immigration status, which does not affect their right to compensation. They can recover damages like medical expenses and lost wages. Personal injury lawyers play a key role in ensuring the focus stays on the harm caused, not the plaintiff’s status, as California courts protect everyone’s right to justice.

Your Rights As An Illegal Immigrant in California

You cannot be deported if you’re an illegal immigrant and file a personal injury lawsuit in California. AB 2159 was signed into law by Governor Jerry Brown in 2016, which offers protections if an undocumented immigrant files a personal injury lawsuit. Other rights that you are entitled to are:

Defense lawyers cannot mention your illegal status or use it against you in a personal injury lawsuit.
The defendant and their attorneys are not allowed to investigate your immigration status.
Any compensation you receive for damages must be determined based on your US-based income and expenses, not your country of origin.

So, you cannot be deported or face any negative actions if you sue after a car accident in California. You can proceed confidently in your lawsuit to be fairly compensated for your injuries.

What Types Of Cases Do California Personal Injury Attorneys Take?

Our California personal injury attorneys deal with cases that have caused injury to clients because of another person’s actions. For example, if you were in a car crash caused by another driver, you could have serious injuries and psychological trauma. Our attorney can work with you to obtain compensation for your physical and emotional losses, regardless of your immigration status.

Common types of accidents that often trigger personal injury lawsuits in California are:

Auto Accidents

There are thousands of severe and fatal auto accidents in California annually. For example, there were 4,285 collisions in the state in 2021 alone. Auto accidents usually happen due to driver error, including:

Distracted driving by cell phone or GPS
Driver fatigue, especially for truck drivers
Drunk or drugged driving
Bad road conditions
Defective vehicle or auto parts

Regardless of the cause, a severe auto accident can leave an undocumented immigrant with devastating injuries, as well as fear if they call the police. The good news is that you don’t have to worry about your immigration status when informing the authorities about an accident caused by another driver. You still have a right to compensation for your injuries.

Catastrophic Injuries

A catastrophic injury prevents you from working permanently. These injuries have a devastating impact on your ability to earn a living, enjoy life, and care for yourself. Common catastrophic injuries include:

Spinal cord injuries
Traumatic brain injuries
Severe burns
Loss of limbs
Damage to eyes or hearing

A personal injury attorney will ensure maximum compensation for your catastrophic injuries. Don’t be concerned about your immigration status when it comes to filing a personal injury lawsuit related to a devastating injury. You cannot be deported under California law for filing a claim or lawsuit after an accident.

Dog Bites

Many don’t think of dog bites as a personal injury claim. But dog bit injuries can cause severe physical and emotional damage that affects you for years.

California has a strict liability dog bite rule. This means the owner is usually liable for damages regardless of whether they knew their dog was aggressive or dangerous.

Premises Liability

Premises liability means the legal duty of a property owner to maintain a safe property for those who enter the premises legally. Common premises liability claims include:

Trip and fall cases in grocery stores and shopping malls
Swimming pool mishaps in people’s backyards
Improper security or lighting in a public place
Playground accidents involving defective equipment

The property owner where you were injured had a duty to maintain a safe property. If an unsafe condition injures you, you could receive compensation for your medical bills and related losses.

What Damages Can An Illegal Immigrant Receive In A Personal Injury Lawsuit?

In California, you are entitled as an undocumented alien to receive compensation for your losses when another party injures you. You are entitled to the same damages as a US citizen or documented immigrant, which may include:

Medical bills: This includes ER and ambulance expenses, hospital stays, surgeries, physical therapy, etc.
Pain and suffering: Many auto accident injuries are painful, and you should receive compensation for your discomfort. You also should receive payment for your mental and emotional suffering related to the injuries and treatments.
Lost earnings: Obtaining lost wages may be more difficult for someone unauthorized to work in the US. However, our experienced personal injury attorney will try to secure compensation for you by showing your future earning potential.
Property damages: If your car was damaged, the liable driver’s insurance policy should pay to repair or replace it.

Should You Tell Your Attorney You’re An Illegal Alien?

It’s recommended to tell your personal injury attorney about your immigration status. Remember, you cannot be deported or detained regarding your status because you filed a personal injury lawsuit. Also, your attorney is bound by client-attorney confidentiality. They cannot discuss your immigration status with anyone, including government officials.

Always tell the truth to your attorney. This will give you the best chance of obtaining the most compensation in your case.

Can Undocumented Immigrants Sue For A Workplace Accident?

Undocumented and documented workers are equally protected from job-related accidents. If you’re undocumented and were hurt while working, you have the right to submit a workers’ compensation claim to obtain compensation for your injuries.

Third-party companies cause some workplace accidents, and it may be possible to file a personal injury lawsuit against them. Your immigration status is also irrelevant in this case, and you and your attorney can proceed with your claim.

How A Personal Injury Attorney Will Help Your Case

Regardless of your immigration status, hiring an experienced personal injury attorney to represent you is wise. First, having a skilled attorney in your corner is important for undocumented immigrants because you will likely have concerns and questions about engaging with government agencies. Our personal injury attorney will allow you to proceed confidently through your case, ensuring the most compensation for your losses.

Other essential duties your personal injury attorney will handle include:

Free case evaluation: Your personal injury attorney will review your case for free. They’ll review the accident’s details, who may be at fault, and estimate your potential damages.
Legal support and advice: You’ll receive clear legal advice about your case, reassuring you that your immigration status cannot affect your claim. You don’t need to worry about government officials asking for immigration status during your claim.
Investigate and collect evidence: Your personal injury attorney will investigate your accident and collect vital evidence to prove fault. For example, after a car accident, your attorney will obtain witness statements, police reports, surveillance video if available, pictures of the accident scene, and physical crash scene evidence.
Estimate damages: An experienced personal injury attorney knows how to estimate accident damages accurately. These may include current and future medical bills, lost current and future earnings, and pain and suffering.
Negotiate with insurance companies: Most personal injury claims settle out of court, and your attorney will negotiate with the liable insurance company. Most insurance companies offer low initial settlements, but your lawyer will aggressively negotiate for the most money.
Devise a comprehensive legal strategy: If settlement negotiations falter, your attorney will develop a legal strategy for a trial.

How To Prove Negligence In A Personal Injury Claim

An immigrant who has been injured in a car or other type of accident is required to prove the four elements of negligence to obtain compensation. They are:

Another party had a duty of care to you. For example, a California driver had a duty of care to drive safely and not injure other drivers and pedestrians.
The driver violated their duty of care. For instance, the driver ran a red light and T-boned your vehicle in Los Angeles.
The breach of duty caused your injuries, such as a broken arm and rib.
You have financial losses because of your injuries.

Your personal injury attorney will work tirelessly to prove that another party’s violation of their duty of care injured you. You can receive compensation in your personal injury claim or lawsuit if successful.

What Is A California Personal Injury Claim Worth?

There are dozens of factors that will determine what your personal injury claim or lawsuit is worth. Below are the most common factors that influence what a claim is worth. Your personal injury attorney should have an approximate idea of what your case may be worth:

The degree and type of injury: The more severe an accident injury, the higher the bills for hospitalization, surgery, physical therapy, etc. For example, a compound fracture in your upper and lower leg will have higher expenses than a whiplash injury.
The amount of lost wages: Your case value will be higher if a severe injury makes you unemployable for a long time. A broken arm might keep you out of work for a month or two, but a spinal cord injury usually leads to permanent disability.
Your believability: Do you come across as believable to the insurance company or jury? How others perceive you may be a factor in the compensation you receive. That’s why it’s essential to always be honest with your attorney and others about your case. You don’t want to lie, exaggerate, or say anything about the crash and injuries that isn’t true.
The amount of insurance coverage: Many California drivers carry only minimal insurance coverage. Receiving total compensation for a severe injury can be challenging if the other driver has only $25,000 of coverage.

Speak to our experienced personal injury attorneys today in a free consultation. We’ll tell you if there is a case and what it could be worth. Remember, your immigration status has no bearing on whether you can sue or the potential value of your claim.

What Is The Statute Of Limitations For Car Accident Claims In California?

Retaining a car accident attorney quickly after an accident caused by another driver is critical. You have only two years from the date of your injury to file a personal injury lawsuit. Severe car accident claims are often complicated, so you should retain a seasoned car accident attorney promptly so your case is filed on time.

California law allows individuals to file personal injury claims to recover damages after a car accident, covering costs such as medical expenses and other losses. Importantly, the law ensures that undocumented immigrants have the same rights to seek compensation for a personal injury as any other resident. Whether you are a citizen or an undocumented immigrant, you have the right to pursue justice and financial recovery for the harm caused by an accident.

Speak To A Car Accident Attorney Today

Were you injured in a California accident, such as a slip and fall, workplace accident, dog bite, or auto collision? The personal injury attorney in California at Crown & Stone Law, P.C., may help you maximize your compensation for medical bills and other losses. Our attorneys routinely obtain significant settlements and jury awards for injured clients, and we look forward to assisting you. Contact us today for a free consultation at (844) 641–0197.

Back To Blog