Can I File an Injury Claim if I am an Undocumented Immigrant?

Trusted Los Angeles Car Accident Attorney

Yes, you can file an injury claim in California, even if you are an undocumented immigrant. California is a state which allows anyone who gets injured in an accident to recover compensation. This includes cases related to personal injury and wrongful death. If you are looking to obtain more information regarding legal compensation, you need to speak with a Los Angeles personal injury attorney as soon as you can.

Immigration Status

Governor Jerry Brown can be credited with ensuring that (illegal) immigration status cannot be used as an argument to avoid paying compensation for wrongful death and personal injury. Remember, you have the legal right to get compensation regardless of your status.

The right personal injury lawyer will make sure that your status is rendered irrelevant and you are able to receive the monetary benefits that any naturalized citizen of the United States individual. You will not have to fear dealing with the insurance companies who are typically looking to reduce the amount that they have to pay.

The government cannot get involved and prevent you from recovering the compensation that you deserve, since you are a victim of an accident.

Rodriguez v Kline: Setting Precedent

This famous case happened in 1986 and forms the basis of receiving compensation in personal injury cases in California. This case occurred when a plaintiff sought compensation for lost wages and health care services.

The plaintiff was an undocumented immigrant and their compensation was awarded according to the wages and the health care expenses relative to their home country. The resulting compensation was much lower than they would have typically received in the United States.

The record of the legal status of the plaintiff was also kept as admissible evidence, which discouraged most undocumented immigrants from filing personal injury cases. Not only would they receive less in terms of compensation compensation, but they would also be identified and marked for deportation.

Things Change in 2016

This case was cited for a period of roughly three decades. The undocumented immigrants remained haunted during this time and lost out on the money that they could have received otherwise.

Assembly Bill 2159 was presented and approved by Governor Jerry Brown and finally ended this distinction.  Congresswoman Lorena Gonzalez was present behind the bill that became a law in 2016. It simply provides protection to undocumented immigrants in case they are injured in a personal injury accident. The sponsors of this bill hoped that this was an area of uncertainty that needed to be removed from the law.

Taking care of human beings is a matter that should never depend on the complexities of the legal system and the fear of being deported. Fair compensation for injuries sustained in California should now allow all immigrants to feel safe, even if they experience an accident. This law truly marks a change in the legal history of the State of California.

Retain a Los Angeles Personal Injury Lawyer Right Away for Help

You need to contact an experienced personal injury attorney in Los Angeles who will make sure that you receive an ideal compensation regardless of your immigration status.  The Law Offices of Jacob Emrani has helped countless injured clients recover the financial compensation they need to pay the costs of the lost wages and medical bills.  Trust our vast legal experience to protect your rights!

To get started, call the firm as soon as you can: (888) 952-2952!