California law protects all individuals—regardless of immigration status—regarding personal injury claims. This means that if you were injured in a car accident, workplace incident, slip-and-fall, or any other accident caused by negligence, you have the right to seek compensation just like any other resident.
At Ernst Law Group, our California personal injury lawyers believe that justice should be accessible to everyone, regardless of immigration status. This guide will explain your rights, legal protections, and options if you are an undocumented immigrant seeking compensation for a personal injury.
What California law says about suing for damages as an undocumented immigrant
Under California law, your immigration status does not impact your right to sue for damages after suffering an injury. California Civil Code Section 3339 explicitly states that:
“All protections, rights, and remedies available under state law… are available to all individuals regardless of immigration status.”
This means that undocumented immigrants have the same legal rights as U.S. citizens when it comes to personal injury claims, workers’ compensation, and wrongful death lawsuits.
(H2) Compensation available to undocumented immigrants in personal injury cases
Undocumented immigrants injured due to someone else’s negligence are entitled to seek compensation, including:
- Medical expenses – Covers emergency care, hospital stays, rehabilitation, and necessary medications.
- Lost wages & future earnings – Under California Labor Code Section 1171.5, undocumented workers have the same rights as legal workers to recover wages lost due to injury.
- Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
- Punitive damages – Awarded in cases of gross negligence to penalize the responsible party and prevent future harm.
Undocumented status does not affect your right to file a claim. An experienced California personal injury attorney can help you secure fair compensation if you have been injured.
Can my immigration status be used against me in court?
One of the biggest concerns undocumented immigrants have is whether their immigration status will be exposed if they file a lawsuit.
The answer is no—California law protects undocumented immigrants from being questioned about their immigration status in personal injury cases.
Under California Evidence Code Section 351.2, a defendant cannot ask about your immigration status in court unless directly relevant to the case. This means:
- The defendant cannot report you to immigration authorities.
- Your immigration status cannot be used to deny your claim.
- You cannot be deported for filing a lawsuit.
This protection ensures that all people, regardless of status, can seek justice without fear of retaliation.
Common personal injury cases involving undocumented immigrants
At Ernst Law Group, we represent all individuals, including undocumented immigrants, in cases involving:
- Car accidents – If you were injured in a car, truck, motorcycle, or pedestrian accident, you can file a claim against the at-fault driver.
- Workplace injuries – If you were hurt on the job, you may be eligible for workers’ compensation, even if you are undocumented.
- Slip-and-fall accidents – Property owners must keep premises safe. If you fell due to unsafe conditions, you can file a premises liability claim.
- Construction accidents – Employers must provide a safe working environment. If negligence caused your injuries, you can take legal action.
- Medical malpractice – If a doctor or hospital’s negligence caused you harm, you can file a malpractice lawsuit.
- Wrongful death – If a loved one passed away due to negligence, family members may file a wrongful death claim for compensation.
What if I’m afraid to take legal action?
Many undocumented immigrants hesitate to file personal injury claims out of fear of deportation or legal trouble. However, you should know that:
- Personal injury claims are civil cases, not criminal cases. Filing a lawsuit does not involve immigration authorities.
- Defendants cannot report you to ICE—doing so would be considered retaliation and could result in legal consequences for them.
- Attorneys are legally bound to protect your confidentiality and will not share your immigration status.
At Ernst Law Group, we fight to protect the rights and dignity of all clients, ensuring they receive fair treatment under the law.
Contact Ernst Law Group for a free consultation
If you are an undocumented immigrant injured in California, you have the right to file a personal injury claim and seek compensation for your losses—without fear of retaliation.
At Ernst Law Group, we believe that everyone deserves justice, regardless of immigration status. Our attorneys will guide you through the legal process with compassion, confidentiality, and dedication to winning your case.
Call us today at (805) 541-0300 for a free consultation.
