Can Illegal Immigrants Sue for Personal Injury – Rights for Non-Citizens

Illegal immigrants can sue for personal injury to collect losses against someone’s negligence, regardless of immigration status. Various federal and state orders have addressed the rights of the undocumented, guaranteeing certain protections.

“[O]nce an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”

–Zadvydas v. Davis, 533 U.S. 678, 693 (2001)

If you’re an undocumented immigrant living or working in the United States, the fear of deportation may prevent you from filing a personal injury claim.

While attempts were made to deny undocumented immigrants the right to collect settlements in personal injury actions, illegal immigrants can sue for personal injury if they qualify for damages.

Find out how with this legal guide. In it, we’ll answer some frequent questions on this topic, including:

• Can you get deported for a car accident?
• Can illegal immigrants get car insurance?
• Do illegal immigrants have rights?

If you need a personal injury attorney to guide you through starting your legal claim, LegalASAP has you covered. The best way to raise your chances for a successful personal injury lawsuit is by having an attorney on your side.

Can Immigration Status Prevent You From Seeking Damages?

According to recent data, 10.7 million undocumented immigrants reside in the United States. They’re mostly concentrated in big states like California, Texas, Florida, Illinois and New York.

Some states such as California have specific laws that say immigration status cannot prevent you from seeking damages. California defense lawyers are even prohibited from using your immigration status against you in a personal injury trial.

State laws vary, but immigrants without legal status in other states are generally protected by legal precedent. Federal courts like the Virginia Supreme Court ruled that illegal aliens can sue for personal injury. This includes lost wages resulting from their recovery time.

Don’t be afraid to bring a personal injury claim against someone whose negligence caused you physical and emotional harm. Especially during times where your rights are put into question, you’ll need a lawyer specialized in your state’s laws.

Will Non-Citizens Face Deportation for Filing a Personal Injury Claim?

The United States Citizenship and Immigration Services (USCIS) and the Immigration and Customs Enforcement (ICE) are not allowed to deport an immigrant due to filing a personal injury lawsuit.

The immigration status of a plaintiff in California is not admissible in a trial since 2017 thanks to law AB 2159. Furthermore, defense attorneys are not allowed to seek discovery of this information. Because each state is a little different, be sure to tell your attorney about your immigration status.

Trial awards in personal injury cases are based on the plaintiff’s U.S. wages and healthcare costs. Their immigration status does not affect trial awards, and the plaintiff cannot be deported due to filing a claim. Their immigration status cannot become a part of the court record.

Personal Injury Damages an Illegal Immigrant Can Sue for

An undocumented immigrant who sustained injuries due to someone else’s negligence may pursue a variety of damages in a personal injury claim.

The types of damages that may be available include:

• Medical expenses: Reimbursement for emergency room visits, hospital stays, surgeries, doctor’s appointments, and physical rehab.
• Pain and suffering: Physical and emotional pain and suffering can be assigned a monetary value and paid as part of a settlement offer.
• Lost wages: Recovering lost wages may be more difficult due to a lack of W2 or W9 forms for an undocumented worker. However, it is still important to discuss lost wages with an attorney as there may be a way to recover it depending on one’s unique situation and location.
• Property damage: This includes payment to fix or replace a damaged vehicle or other equipment.
• Permanent disfigurement: Other bodily injuries like burn scars that permanently alter appearance may entitle you to a larger settlement amount.
• Punitive damages: This is a monetary settlement punishing extremely reckless or malicious behavior. These damages are rare but worth asking an attorney about.

Driving Without Insurance as an Illegal Immigrant

Driving without proper car insurance can result in penalties as it may violate state laws where an immigrant lives. Doing so does not mean undocumented immigrants cannot sue or file a claim from the responsible party’s insurance company, however.

Driver’s licenses and car insurance are not required for successful injury lawsuits. Even if you don’t have insurance, you can still bring a negligence claim against the other driver if they are more at-fault.

IMPORTANT: Insurance companies are not allowed to refuse claims based on immigration status. You may be able to recover money from an insurance company if your claim is strong and prepared by a skilled attorney.

Can Illegal Immigrants Get Car Insurance?

Yes. Undocumented citizens can get car insurance. However, it can depend on what state they reside in. An Individual Taxpayer Identification Number (ITN) and a driver’s license are usually needed to buy car insurance.

States that allow illegal immigrants to acquire car insurance:

• California
• Colorado
• Connecticut
• Delaware
• Hawaii
• Illinois
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Utah
• Vermont
• Virginia
• Washington

Can Illegal Immigrants File for Disability Benefits?

Undocumented immigrants are not eligible for federal disability benefits. These include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs are only available to U.S. citizens and certain categories of non-citizens who are legally present in the United States.

Can Undocumented Immigrants Sue for Workplace Injuries?

Many state laws allow undocumented immigrants to receive workers’ compensation for workplace injuries. An undocumented employee can sue for injuries sustained during work and possibly receive compensation from the employer’s insurance company.

Though not all states require workers’ comp coverage for injured undocumented workers, the majority do.

If you sustained injuries at work due to the negligence of your employer, you may qualify for compensation. Contact an experienced workers’ comp attorney to discuss your case.

Tell Your Attorney Your Immigration Status

Do not keep information from your attorney. Personal injury lawyers work under client-attorney confidentiality. They cannot reveal your immigration status to anyone, including government authorities.

The only way your attorney can present the best case possible for their client is if they are aware of everything related to you and your case. This includes your immigration status.

Find a Personal Injury Attorney Who Can Represent You

You often don’t have to go to court to pursue a settlement. You don’t even have to file a lawsuit yourself to make a personal injury claim. An attorney can make a claim with the responsible party’s insurance company and then negotiate a settlement.

Did you know that those with lawyers receive personal injury payouts 91% of the time versus 51% who represent themselves? Click here today to talk with an attorney in our network who specializes in personal injury cases.