Can Undocumented Immigrants Sue For Personal Injury?

Practice Areas Personal Injury Can Undocumented Immigrants Sue For Personal Injury?

When you have been hurt in an accident that was not your fault, it can be scary and confusing to figure out what you should do next. It can feel even more stressful if you are worried about your immigration status.

Many undocumented immigrants worry that asking for help after an injury will lead to problems with the law or even deportation. Yet if you have suffered harm because of someone else’s negligence, you have the right to seek fair compensation for your losses. In addition, California law has robust protections that prevent law enforcement, courts, and defense attorneys from inquiring about or using a person’s immigration status in a personal injury case.

At Banafshe Law Firm, PC, our Los Angeles injury attorneys are dedicated to helping undocumented persons obtain the compensation they deserve. If you need help or have questions, reach out to our personal injury lawyers for a free consultation. Remember, we do not charge a fee unless we win your case, so you lose nothing by speaking with us about your rights.

Why Does Immigration Status Matter If You Are Injured?

One of the first questions many undocumented immigrants ask is why their status even matters if they were hurt through no fault of their own. Being hurt is the same for everyone. You might have medical bills, lost wages, and pain from your injuries. None of that changes based on whether you have papers.

Yet the fear of being discovered by immigration authorities can keep you from reaching out for legal help. This worry is understandable. You may not know the law and might be afraid that filing a claim or speaking to a lawyer will draw attention to your immigration status.

You might also worry that you do not have the same rights as citizens or legal residents. However, in the state of California and across much of the country, people of all statuses have the right to seek justice if they have been hurt through someone else’s negligence.

At Banafshe Law Firm, PC, our Los Angeles injury lawyers believe in standing up for all injured people, regardless of immigration status. We know that accidents do not only happen to citizens or people with certain types of visas.

If you have been hurt, you deserve fair compensation, and you also deserve a lawyer who understands the unique challenges you face and will fight for you without judgment. Our attorneys have worked with thousands of injured clients since we began in 2003, and we know that trust and open communication are key. If you are undocumented, you can still file a personal injury claim, and we are here to guide you every step of the way.

Do Undocumented Immigrants Have The Right To Sue For Personal Injury?

Many people do not realize that in most states, including California, immigration status does not prevent you from bringing a personal injury lawsuit. The law is very clear that if someone else’s negligence causes you harm, you have the right to seek compensation.

This principle rests on the idea that the courts exist to protect anyone who has been injured, not just those with certain documents. The main purpose of a personal injury claim is to hold the wrongdoer accountable and provide relief for the injured person. Being undocumented does not take away your right to fair treatment.

Some people who are undocumented may think that if they try to sue, they will be reported to immigration authorities. While no one can guarantee that you will not face questions about your status, the personal injury process itself is focused on whether the defendant caused your injuries and how serious they are. It is not meant to question whether you are legally allowed to be in the country. Judges and juries are concerned with the facts of the accident, not your status.

Having an experienced lawyer by your side can ease the fear that your case will turn into something else. Our personal injury lawyers at Banafshe Law Firm, PC, handle these types of concerns for our clients and work to protect their privacy, no matter their immigration background.

What If You Are Worried About Deportation?

Fear of deportation is a powerful reason that stops many undocumented immigrants from seeking legal help. This fear is understandable. You may have a family who depends on you. You may have been in the United States for many years, building a life that you do not want to lose.

Going to court might feel like shining a spotlight on your life, and you wonder if it is worth the risk. Yet you should know that in California and in many other places, it is generally not the job of a personal injury court to report someone’s immigration status to the government. Lawyers, judges, and juries are there to hear about the accident, not to enforce immigration laws.

The other side may try to bring up your status to scare you or reduce the amount they have to pay. That is why having a strong legal team is so important.