Immigration Status and Personal Injury Rights: What California Victims Need to Know
If you are in the beautiful state of California and you are an undocumented immigrant dealing with a personal injury, your immigration status does not mean you cannot file a personal injury claim.
If you are a victim of an accident, it should not and does not matter in the state of California whether you are a United States citizen or an undocumented immigrant. So basically, your immigration status will not adversely affect any personal injury case you are involved in.
California Law
According to California law’s Civil Code Section 3339, every single person in the state, whether they are an immigrant without the proper paperwork or born and raised in the United States, is allowed to have equal protection under the law.
This protection, when it comes to personal injury claims, includes the following:
- A person is to receive the necessary medical care after an accident in which he or she is injured.
- A person is allowed, and encouraged, to file a personal injury claim or lawsuit if it is necessary for their situation.
- Everyone has a right to be represented by a qualified personal injury attorney.
- If you are injured in some type of accident that is caused by someone else, you can pursue damages for medical bills, pain and suffering, and other things under the California law, even if you are an undocumented immigrant.
Keep in mind that California courts do not, and cannot by law, allow a person’s immigration status to be part of any evidence presented in court for a personal injury case unless it is somehow directly related to the case, which is rarely the situation.
What are Personal Injuries in California?
There is an array of accidents and incidents that are included under the law in California when it comes to personal injury cases.
Those include things like car accidents, bicycle, motorcycle, or motor scooter accidents, work-related injuries at construction sites, factories, or other places, and slip and fall injuries due to someone’s negligence. Also included are commercial vehicle accidents and even injuries that occurred due to an unsafe property or product.
Compensation Recovery
As an accident victim, you can file for a variety of different damages under California law, whether you are an undocumented immigrant or not. The money you may be awarded can help you pay your medical bills so you can recover physically in the best way possible, help you to financially recover, and even help with counseling and other avenues that can help you recover emotionally from the trauma of an accident.
Examples of things you may be awarded in a personal injury case:
- Any medical expenses you have incurred as a result of the accident or incident in which you were injured. This can include things like surgeries, rehabilitation, emergency department visits, ambulance or medical helicopter transportation, and even long-term care if needed.
- If you lose any wages due to your injury and being off work for a period of time, the guilty party may have to provide compensation for your lost income.
- You can also receive money for pain and suffering, as well as compensation for future income if your injury prevents you from working in the future.
- Pain and Suffering: You may be compensated for the emotional and physical toll of the accident, including anxiety, depression, trauma, or chronic pain.
Just remember, if you are a United States citizen or an undocumented immigrant, you have the right to file a personal injury claim in the state of California. You should call a reputable personal injury attorney to assist you with your case.
