I Was Injured in an Accident, but I Am an Undocumented Immigrant. Can I Still Make a Claim?

2020-06-25 19:37:00

filing accident claim as undocumented immigrantCalifornia is home to almost 11 million immigrants. We have the largest number of unauthorized immigrants in the United States – an estimated 2.4 million people. Another 25 percent of immigrants in the state hold green cards or visas. Immigrants make up a notable share of our population and are an integral part of our communities.

However, accidents can happen to anyone, in any circumstance.

If you are an undocumented immigrant and have been injured, you generally have the same rights to a monetary claim as any other California resident. However, you may have some understandable hesitations about taking legal action. It is important to have an experienced, compassionate attorney on your side.

Confidentiality

When you hire an attorney, what you say to him or her is strictly confidential. Client legal privilege is a rule of law that protects your communications with your lawyer. You can safely talk with your attorney without worrying that information will be shared without your permission.

Affording Legal Help

Many personal injury attorneys, including the Arnold Law Firm, offer legal representation based on contingency, a percentage of the money we obtain for you. You do not need funds upfront to hire us, because we are not paid unless we resolve your claim. Our legal team can evaluate your situation at no cost, and you will be under no obligation to hire us.

Your Right to Sue

If you have been hurt as a result of someone else’s negligence, you may be able to pursue compensation for your damages. California has laws that provide for and protect people who suffer harm from an accident, even if you are undocumented or are visiting the state.

Your attorney can explain the law and how a lawsuit may be possible, regardless of your citizenship status. You may be eligible to recover compensation for medical costs, lost wages, and other damages.

Proving Negligence

Pursuing an accident claim requires demonstrating that someone’s negligence caused your injuries. Proving causation can be difficult. Your legal team will gather evidence and may consult with experts to connect the cause of your damages to the people responsible and their actions.

California Values Act (SB 54)

Access to justice and due process is essential for everyone, and public facilities need to be safe and accessible to all California residents, regardless of immigration status. If unauthorized immigrants are afraid to access courthouses, they are then unable to access the legal system in place to protect people, and they will be deprived of their legal rights.

California has taken measures to give unauthorized immigrants greater certainty that U.S. Immigration and Customs Enforcement (ICE) agents will not be present in California courtrooms, creating a safer environment for immigrants to access the legal system and obtain due process.

The 2018 California Values Act (SB 54) ensures that no state and local resources are used to assist federal immigration enforcement and that our schools, our hospitals, and our courthouses are safe spaces for everyone in our community. SB 54 includes a provision to make courts and government buildings more accessible to unauthorized immigrants by decreasing the risk of detention by ICE agents while pursuing claims. 

It is important to note that the state of California cannot stop ICE agents from lawfully arresting and removing any unauthorized immigrant who is present in the state.

Legal Representation

If you or a loved one has been injured in an accident, the Arnold Law Firm can help. We can confidentially evaluate your situation at no cost or obligation and answer any questions you may have about the process of filing a claim.

Give us a call at (916) 777-7777 or complete our online evaluation form.