California remains the state with the largest population of documented and undocumented immigrants. The rights of undocumented immigrants are continually at issue in the state. One of those rights has been the right to pursue compensation for injuries and damages that were caused by the carelessness and negligence of another person or legal entity in an accident.

Undocumented Immigrants in California are Eligible for the Same Benefits as Others

Undocumented immigrants were not previously eligible for the same rights and benefits as documented immigrants. They were awarded damages in accordance with the cost of healthcare and wages based on their country of origin. Not only was this formula fundamentally unfair, but they were also availed to the possibility of removal. That was all based on the case of Rodriguez vs. Kline. Appeals of this case followed, and the holdings evolved into California AB 2159, after it was held that that the claimant was awarded lost earnings from work based on the prevailing wage in Mexico as opposed to California.

The New Law

In 2017, the immigration status of a claimant was no longer admissible in a personal injury case in California when the state passed AB 2159. Under this bill, the U.S. Immigration and Naturalization Service need not know that you were even involved in an accident. AB 2159 added section 351.2 to the California Code of Evidence. In fact, insurance defense attorneys are no longer permitted to inquire into a claimant’s immigration status during the litigation. They can’t even inquire into his or her legal status during the discovery stage of litigation. As a result, an undocumented immigrant in California need not be concerned with pursuing compensation for injuries caused by the carelessness and negligence of another person or entity. He or she needn’t also be concerned with the prospect of deportation for being the victim of an accident. Any attempt to deport an undocumented immigrant under the circumstances could be construed as obstruction of justice.

Compensation Available for Injuries and Damages to an Undocumented Immigrant

An undocumented immigrant who suffered injuries and damages in an accident is typically eligible to seek the following damages:

• Past, current and future medical bills related to the occurrence.
• Lost time from work at the California rate and not the rate of his or her nation of origin
• Any permanent disfigurement.
• Any permanent disability.
• Pain and suffering.
• Loss of enjoyment of life.
• Loss of consortium.
• Other valuable damages as a result of a wrongful death, calculated at the California rate.

Must I Hire a California Attorney to Bring a Personal Injury Claim?

An undocumented immigrant need not hire an attorney to file a personal injury claim, but remember, they’re in a foreign country with laws that are very different than your country of origin. Hiring an experienced and effective personal injury attorney will drastically improve his or her chances of receiving the compensation that he or she deserves. Such an attorney is also acutely aware of the two-year deadline imposed by the statute of limitations. There are very few exceptions to this rule, but if you don’t fall into one of the exceptions, and you fail to file within the specified time, you’re likely to be forever barred from proceeding. See Cal. Code of Civil Procedure sect. 335.1. Never trust an insurance company on the other side of your case and don’t believe anybody who tells you that “you don’t need an attorney for this.” In the end, it’s likely that the undocumented immigrant will be woefully undercompensated.

The Insurer is Saying I was Partially at Fault

A common tactic of an opposing insurance company is to allege that you were partially at fault for your accident. By relying on this, the insurer can substantially reduce any exposure it has and dramatically reduce any compensation payable to the claimant. This is known as the law of comparative negligence, and it’s found at California Civil Instruction 405. A judge in a bench trial or jury in a jury trial will hear the evidence and attribute a percentage of negligence to the parties. The claimant then receives a sum of compensation equal to the fault of negligence attributed to the defendant. If you are an undocumented immigrant who was injured in an accident that was caused by the carelessness and negligence of another person or legal entity, it is strongly recommended that you consult with and hire a quality California personal injury attorney, especially if you’re confronted with the issues of the statute of limitations or comparative negligence. That consultation and hiring should be done as soon after the accident as possible.

The Cost of a Personal Injury

Never be fearful about being an undocumented immigrant and filing a personal injury claim or lawsuit in California. Under existing law, your immigration status won’t be disclosed, and it’s highly unlikely that such protection will change. Both undocumented immigrants and United States citizens are able to recover full damages in personal injury claims and lawsuits. If you’re an undocumented immigrant who has suffered injuries and damages in a car crash, pedestrian accident, motorcycle accident, fire or explosion or other type of personal injury accident that was caused by the careless and negligence of another person or legal entity in California, don’t worry about immigration coming to pick you up based on the disclosure of your immigration status. It will never be disclosed. You can go ahead and pursue the compensation for the injuries and damages that you’re entitled to. Your personal injury claim or lawsuit can be filed, regardless of your immigration status. This law guarantees equal treatment for those who are of undocumented immigrant status.

What Happens if You Don’t File a Claim or Lawsuit?

If an undocumented immigrant does not choose to file a personal injury claim or lawsuit after an injury was caused by the negligence of another person or legal entity, it’s highly likely that he or she will end up with consequences like the following:

• He or she will be solely responsible for your medical bills.
• The undocumented immigrant will face the inability to continue with his or her job.
• He or she might not learn the true nature and extent of your injuries and have physical problems in the future.
• The statute of limitations will expire, and the undocumented immigrant will be left without any compensation whatsoever, even if the other person or entity was 100% at fault.

An undocumented immigrant in California maintains the right to bring a personal injury claim or lawsuit after having been injured in an accident without the threat of deportation. He or she should do the right thing. After all, California has done the right thing for everybody in the state, whether documented or not.