Can An Undocumented Immigrant Sue For Personal Injury?

Injuries sustained in a car accident, workplace accident, construction accident, or any other type of accident can dramatically affect a victim’s life. Some victims are unable to work. Others may face the loss of a limb or permanent disabilities. Some lose the ability to play with their children or enjoy their hobbies. These can be painful experiences and may result in compensatory losses.

Depending on the circumstances, victims may be eligible to file a personal injury claim and pursue damages. Unfortunately, many victims are deterred from asserting this legal right because of their immigration status.

In California, injury victims can file a claim regardless of their immigration status. The experienced California personal injury attorneys at Arash Law represent undocumented immigrants and assist them in seeking compensation for medical bills, lost wages, and other damages. Call (888) 488-1391 to schedule your free initial consultation.

Undocumented Immigrants And Personal Injury Claims

On August 17, 2016, California passed a law that generally renders a person’s immigration status inadmissible in civil lawsuits. Additionally, defendants cannot even ask about that status during pretrial proceedings. This means that a defense attorney cannot ask about a plaintiff’s immigration status at any stage of a personal injury lawsuit.

Non-citizens can sue a United States citizen (or corporation). While this point of law is not settled in every state, numerous cases have supported the right of a plaintiff to sue for personal injuries, regardless of their immigration status. In 2006, the New York Court of Appeals ruled that an undocumented immigrant did have the right to pursue a personal injury lawsuit regardless of his immigration status. The plaintiff in the case was Gorgonio Balbuena, a Mexican national and undocumented immigrant.

While working at a construction site, Balbuena suffered a severe head injury and other physical trauma. He was unable to work as a result. His claim was initially dismissed because he could not provide proof of legal authorization to work in the United States. Eventually, however, the appellate court realized how unfair that was and clearly stated that his immigration status had no bearing on his right to sue for injuries.

Many other courts in states across the country have also been guided by this decision. In the case of TXI Transp. Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010), the Supreme Court of Texas ruled that a person’s immigration status is not admissible for the purpose of accusing them of not telling the truth in court. (Before this case, a defense attorney could claim that an undocumented immigrant was less likely to tell the truth in court simply because he or she did not have lawful immigration status.) The Court made a powerful statement that “[a]ppeals to racial and ethnic prejudices…cannot be tolerated because they undermine the very basis of the judicial process.”

Things To Consider In Filing A Personal Injury Claim

In order to pursue a personal injury claim, you must prove: (1) that the defendant was legally at fault (“liable”) for causing your injuries, and (2) the value of the losses you have suffered (your “damages”).

Negligence

The person who is legally at fault for causing an accident has a legal obligation to compensate the victim for their losses. This is why the victim must prove that the defendant was at fault for causing the accident. The defendant could be a negligent driver or an employer who failed to provide proper training or supervision to employees. It could also be an auto manufacturer that sold a car with defective brakes. There are many potential defendants in a personal injury claim. An accident attorney can help you identify who has a legal obligation to compensate you for your injuries.

It is essential to understand that more than one party can be liable for an accident. In a car accident, for example, two drivers could each be at fault for failing to see each other. In a workplace accident, an employee might be found partly at fault for failing to wear safety gear provided by the employer. Each party is generally liable only for the portion of damages attributed to their own fault.

If, for example, two drivers were each 50% at fault for an auto accident, one driver could only pursue half of their total damages from the other driver. Partial liability can significantly reduce the amount of compensation available to an injury victim. To help assess liability and clarify the impact of partial fault on your claim, consider consulting with a car accident lawyer about your particular situation.

Available Damages For Personal Injury Cases

The amount of compensation in a personal injury claim depends on the actual losses and impact of the injury. Minor injuries that do not require medical treatment or time off work typically result in lower settlements. More serious injuries, such as fractures, concussions, or long-term disability, can lead to substantial compensation.

These are some of the losses you may be able to pursue in a claim:

Medical Bills — An injury may require years of medical treatment and rehabilitation. However, you may pursue compensation for all the medical bills you have incurred as well as what you are likely to incur in the future as a result of the accident. However, estimating future medical expenses can be challenging. A personal injury lawyer may work with accountants and economists to help estimate your losses.

Lost Wages — Compensation for lost wages covers the income you missed because of your injury, including time away from work for treatment or recovery. These are calculated by multiplying the employee’s hourly wage by the number of hours missed due to the accident. (Salaries are prorated to a forty-hour workweek.) It can also include future lost income if your ability to work or earn at the same level is affected.

In some cases, victims may pursue financial recovery of the difference between their current reduced earnings and what they would have earned if the accident had not occurred. This is why it can be beneficial for injury victims to be represented by an experienced personal injury lawyer who understands how to estimate accident-related losses and advocate for a fair settlement.

Loss of Enjoyment of Life — Injuries can have a dramatic impact on a victim’s daily life. Many victims are unable to engage in physical activities or participate in sports. Some give up hobbies that meant a lot to them, while others do so for important family events, such as weddings or graduation ceremonies. Some suffer the heartbreak of being unable to hold their children. Initial settlement offers may not fully account for the loss of enjoyment of life, yet they can be devastating for victims.

In recent years, personal injury attorneys have made significant progress in helping juries understand the value of these intangible losses. Juries recognize the impact injuries have on a victim’s daily life, and their awards reflect it. This has encouraged claims adjusters to account for the loss of enjoyment of life when making settlement offers. An accident attorney can help demonstrate how your injuries have limited your enjoyment of life and advocate for a fair assessment of your claim.

Scars and Disfigurement — Another intangible loss is the physical evidence of an accident. Scars and disfigurement can stay with a victim for the rest of their life. Smaller scars might not impair a victim’s daily activities, but they are still a compensable loss. More dramatic disfigurement (such as an amputated arm or leg) can change a victim’s life forever.

An amputation could result in a career change, giving up hobbies, expensive medical care, and many other compensatory losses. Whether big or small, disfigurement is a loss caused by the accident, and the defendant may be legally required to compensate you for it.

What Happens If You Don’t File A Claim?

The decision to file a personal injury claim is yours. An injury lawyer can give you information and advise you, but ultimately, the decision is yours. Some undocumented immigrants choose not to get involved with the legal system for a variety of reasons. While this is certainly understandable, it is important to understand the consequences of not filing a lawsuit.

The Statute Of Limitations Will Expire — California has laws that limit the amount of time you can file a personal injury lawsuit. If you file after the legal deadlines, your case may be dismissed. Generally, you have two years from the date of an accident to file a lawsuit. If you choose to delay initiating the claim, you might miss the deadline and lose your right to compensation.

You Will Be Responsible For Future Medical Expenses — Some injuries require ongoing or unexpected medical care, from physical therapy to surgeries. Without a claim, you’ll be responsible for covering these expenses yourself, even if someone else’s negligence caused them.

You Will Not Be Compensated For Your Lost Wages — Many injury victims miss work or experience a reduced earning capacity. Failing to file a claim means forfeiting the opportunity to pursue lost income or future earnings related to the injury.

Other Potential Costs — Accidents can create additional financial burdens, such as the need for assistive devices, vehicle repairs, or home modifications. A personal injury claim can help you pursue these costs instead of bearing them alone.

A personal injury attorney can help you identify and document your losses and pursue fair compensation for them. Without the help of an attorney, medical professional, or economic consultant, calculating the potential value of your losses may be challenging.

Workplace Injuries And Undocumented Workers

Injured workers have legal rights! California law clearly states that an injured worker is entitled to workers’ compensation benefits, regardless of whether they have legal authorization to work in the country. This is an important law that stops employers from taking advantage of undocumented workers.

California law also protects undocumented workers from being denied overtime wages, back pay, or disability payments. While federal immigration policies can change, California law provides specific protections for immigrants regardless of their legal status. Learning more about workers’ compensation rights for undocumented workers can help you gain clarity on the available compensation you may be able to pursue.

Again, each injury victim must make their own decision about filing a personal injury claim. An immigration attorney can help answer questions you might have about the effect a lawsuit could have on your immigration status. Understand your rights and how California law has been consistently applied to protect them. A workers’ compensation attorney can advocate for your right to seek compensation for all the losses you have suffered.

At Arash Law, Our California Personal Injury Attorneys Represent Undocumented Immigrants

Injury victims can suffer different types of losses, and they may have the legal right to be compensated for these damages, regardless of their immigration status. At Arash Law, we work diligently to pursue compensation on behalf of the injury victims. Before accepting any settlement or signing legal documents, it’s important to understand your rights and available options.

Call (888) 488-1391 or contact us online to schedule your free initial consultation with one of our personal injury attorneys in California. From our Los Angeles office, we serve clients across the state, including places such as San Diego, San Francisco, Sacramento, Riverside, San Jose, Bakersfield, and Fresno.