I Was Injured in an Accident, but I Am an Undocumented Immigrant. Can I Still Make a Claim?
I Was Injured in an Accident, but I Am an Undocumented Immigrant. Can I Still Make a Claim?
Posted on behalf of Arnold Law Firm
on June 25, 2020 in Personal Injury Updated on February 24, 2022
California 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.
After a drunk driver hit me I wasn’t really sure what to do. A friend of mine Highly Recommended Arnold Law Firm, what a great recommendation it has been! The staff from lawyers to assistants has been nothing short of amazing. Always are calling and emailing me to update what is going on with your case. A very nerve racking thing to deal with personal injury and what comes from it. But with Arnold Law Firm you can rest knowing they are fighting for every inch for you. Need a law office? Look no further!
This firm is a joy to work with, they really care about their clients. Mr. Minney and Deena were wonderful to work with.
I am very grateful for the services I got from Arnold Law Firm! Everyone was great! Stephanie was awesome! Her dedication and perseverance were admirable! She was the person behind the success of my claim! I truly appreciate her in particular, and Arnold Law Firm staff, in general!
So far, we are very happy with Arnold Law Firm and the personal service we have received by Dominic Sandaval. We are looking forward to continuing this relationship through the remainder of our law suit.
Thank you, Gilbert and Joanne Joseph
Not just legal experts, The Arnold Law Firm and my case manager Stephanie Baffoni genuinely cares about you.
The Arnold Law Firm has a proven track record of success fighting for their clients and I am very thankful to have them supporting me during a very challenging time. What I did not expect is the level of compassion, partnership, and trust Stephanie and the team strives to achieve in what could have been a purely transactional relationship.If you want to be treated like a person, not a number, and know someone is looking out for your best interests, then look no further.