Immigration status prevents people from doing a lot of things. One of those things is filing a personal injury claim, but immigration status does not have to stop you from pursuing monetary payment when a negligent person hurts you. We will explain why in this article.
Can Immigrants File Personal Injury Claims in California?
Yes, immigrants can file personal injury claims in California, whether they are undocumented or not. If you were injured due to the negligent actions of another person, you are entitled to seek monetary compensation for your injuries. If the incident occurred within the borders of the United States, you cannot be barred from filing a lawsuit.
Although your immigration status cannot factor into your personal injury case, the best plan is to hire a personal injury attorney with experience working with the immigrant population. That is because complications may present themselves during the legal proceedings.
Do I Have Rights if I Am Undocumented?
Yes, undocumented immigrants have legal rights. That is why you can file a personal injury claim or lawsuit. All courts in the United States are available to undocumented and legal immigrants. As it pertains to personal injury claims, you are entitled to the same legal protections that United States citizens have.
If you are an undocumented immigrant, you can pursue a personal injury claim for medical malpractice, slip and fall accidents, workplace injuries and automobile accidents.
Is Deportation a Possibility?
Your personal injury case will be separate from your immigration case, so filing a claim or a lawsuit should not immediately lead to deportation. There are, however, risks that you must be aware of, which is why you need an attorney who can properly advise you of your rights.
Do I Have to Tell Anyone I Am Undocumented?
A personal injury claim is not relevant to your immigration status, so you may not need to tell anyone that you are undocumented. But during a personal injury case, your immigration status may come up. That may be when your attorney is figuring out what your lost wages would be, but your attorney can address these issues without exposing you to unnecessary risks.
What Damages Can I Receive as an Undocumented Immigrant?
Economic Damages
In California, undocumented immigrants are entitled to receive the same damages that any other person would receive. For example, injuries result in very expensive medical bills, so you can receive monetary compensation that pays your present, past and future medical bills.
Because of your undocumented status, it may be difficult for your attorney to show the court what you deserve to receive in lost wages, but an experienced attorney will be able to estimate these damages. If your property was damaged in the accident, you would be entitled to have it fixed or replaced.
Non-Economic Damages
In addition to the economic damages listed above, you may also be entitled to receive non-economic damages. Non-economic damages compensate you for the emotional distress you experienced because of your accident, and this includes pain and suffering.
Punitive damages are a possibility, but they are not likely. Punitive damages are only awarded when the judge believes that the defendant’s actions warrant punishment. An example would be if a motorist hit you while you were crossing the street during an episode of road rage.
If you are undocumented, you don’t have to be afraid. Your attorney and the attorney’s staff cannot tell anyone about your immigration status. So, when you meet with your personal injury lawyer, let him or her know your immigration status so that they can provide the best legal services for you in your personal injury case.
