Can I File A Personal Injury Claim If I’m Undocumented? Considerations For Monterey Residents

If you attempt to represent yourself as an undocumented worker, you will be put on the spot, asked pressing questions, and unsure of your rights. With an experienced attorney on your side, unlawful questions about your immigration status can be waved away, and your rights can be more surely defended. 

In this article, you can discover…

• Your legal rights to file a claim as an undocumented immigrant.
• Whether undocumented people can receive compensation after a personal injury. 
• How an attorney experienced in working with undocumented clients can help your case.

Can I File A Personal Injury Claim As An Undocumented Individual?

Regardless of your immigration status, you have the legal right to file a claim and recover damages if you are injured in California. Whether you are undocumented, a permanent resident, or a US citizen, your right to file remains the same. 

Many undocumented immigrants wrongly assume that they’ll be deported if they speak with a lawyer or bring a claim to court, and this is simply untrue. In reality, California law states that your immigration status can not even be asked about in the context of a personal injury case. Additionally, state law makes it illegal for employers to retaliate against workers by reporting them to immigration.

The lack of knowledge and fear that many undocumented workers live with allows employers to exploit them further. From forcing injured workers to settle for unreasonably low amounts to subjecting them to sexual harassment, employers will abuse and mistreat undocumented workers with impunity, knowing that most are too frightened of deportation to seek legal help. 

You don’t need to fear deportation if you come forward for help after an injury. Legally, you have the right to seek medical attention for work-related injuries and the legal right to seek compensation related to that injury. 

It Is Possible For Me To Receive Compensation For My Personal Injury Claim If I’m Undocumented?

Yes. New laws in California now make it possible to recover lost wages, even if you are undocumented. If you can prove that you were working for wages and that you were injured and can no longer work, you may make a claim for the income lost due to your injury. 

An attorney can help you gather the medical evidence of your injury, as well as evidence of your employment. 

What Challenges Might I Face As An Undocumented Person In Personal Injury Cases?

When your case goes to trial, the men and women of that jury will be English-speaking US citizens, as you must both speak and understand English and be a US citizen to serve on a jury. This means that the jury you face in court will not truly be a jury of your peers, as they are not directly from your community. 

We will work hard, however, to make your case and present all relevant evidence. Remember, your immigration status can not be mentioned in court, brought forward as evidence against you, or used to deny your claim. Furthermore, translators will be available in court, and we’ll be sure to communicate clearly with you at every step of the way.

What Are The Benefits Of Hiring A Personal Injury Lawyer Who Has Experience With Undocumented Clients?

Many insurance companies will gladly undercompensate a worker with limited to no English skills, and if you don’t have legal representation, getting fair compensation will be impossible. At Lamb & Frischer Law Firm, LLP, we will communicate with insurance adjusters to help protect you from exploitation and inadequate payouts.

A good legal team won’t be intimidated or tricked by employers, insurance adjusters, or other lawyers. We won’t walk away, won’t hand over information that we don’t have to, and won’t settle for small amounts on your behalf. It is always best to have representation to fight for you, protect your rights, and ensure you get the best compensation possible, regardless of your legal status.

Still Have Questions? Ready To Get Started? For more information on Considerations For Undocumented Residents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.