California Assembly Bill 2159 that Governor Brown signed back in August 2016 and sponsored by Assembly Member Lorena Gonzalez of san Diego is set to go into effect on the first of the year which will render the immigration status essentially meaningless in personal injury or wrongful death cases.
Rodriguez v. Kline (1986) set the tone for such claims when the injured party filed to recover future wages lost as a result of the injury. The court determined loss of wages claims ought to consider what an undocumented immigrant might earn in their home country rather than the U.S. when settling on an amount of damages.
Rodriguez turned many away from filing an injury suit after being injured: undocumented plaintiffs were obtaining far less than they would have if they were citizens, and others chose not to bring cases forward out of fear of making their immigration status a matter of public record.
The new law will effectively make a California plaintiff’s immigration status not grounds for consideration when determining an award of damages. The bill should end plaintiff’s fear over exposing their immigration status and ensure their fair treatment in court. You can read the text of the bill by clicking here.
Those injured in an accident of any kind should speak with a Los Angeles personal injury attorney right away to determine their eligibility to file a claim. The Law Offices of Jacob Emrani is here to help such people and have recovered millions of dollars on their clients’ behalf.