What Immigrants and Undocumented Individuals Should Know After an Accident
California is home to one of the largest immigrant populations in the United States. Every day, non-citizens—whether documented or undocumented—live, work, and travel throughout the state. But what happens when someone who is not a U.S. citizen is injured in a car crash, workplace accident, or another traumatic event?
Many non-citizens worry that filing a personal injury claim could lead to immigration trouble—or that they simply don’t have legal rights in the U.S. Fortunately, California law protects the rights of all individuals injured due to someone else’s negligence—regardless of immigration status.
Here’s what non-citizens need to know about personal injury law, legal protections, and how to pursue a claim in California.
⚖️ Do Non-Citizens Have the Right to File a Lawsuit in California?
Yes. Under California law, any person—including undocumented immigrants—has the right to:
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File a personal injury claim
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Sue for damages in civil court
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Recover compensation for injuries caused by someone else’s negligence
Your immigration status does not impact your eligibility to seek justice, and it cannot be used as a defense by the person or business that caused your injury.
This legal protection has been upheld by California courts and reinforced in state statutes.
🚫 Can Immigration Status Be Used Against You in Court?
In most personal injury cases, no. California courts have ruled that a person’s immigration status is not relevant to whether they are entitled to compensation. In fact:
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Judges often prohibit any mention of immigration status during trial
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Defendants are not allowed to use your status to reduce or avoid liability
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You can testify in court without fear of exposure or retaliation
This is designed to ensure fairness and protect vulnerable individuals from being intimidated into silence.
🤕 Types of Personal Injury Claims Non-Citizens Can File
Non-citizens can file the same types of injury claims as U.S. citizens, including:
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Car accidents
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Truck or rideshare collisions
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Bicycle or pedestrian accidents
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Slip and fall incidents
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Construction or workplace injuries
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Medical malpractice
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Wrongful death lawsuits (filed by the family of a deceased victim)
The process, legal standards, and potential compensation are the same for citizens and non-citizens alike.
💼 What About Undocumented Workers Injured on the Job?
California law provides strong protections for undocumented workers:
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You have the right to file a workers’ compensation claim
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You may be eligible for temporary or permanent disability benefits
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Your employer cannot legally retaliate or threaten deportation for filing a claim
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You can also file a personal injury lawsuit if someone other than your employer caused the injury (e.g., equipment manufacturers or third-party contractors)
💰 What Compensation Can Non-Citizens Recover?
In a personal injury claim, you may be entitled to compensation for:
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Medical expenses (past and future)
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Lost wages
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Pain and suffering
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Emotional distress
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Loss of earning capacity
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Property damage
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Wrongful death benefits (for surviving family members)
Immigration status does not limit the amount you can recover. Courts base compensation on the severity of the injury and its long-term impact—not your country of origin or visa status.
🧠 Why Legal Representation Matters—Especially for Immigrants
Non-citizens are more likely to be taken advantage of by insurance companies or negligent parties who assume they won’t fight back. That’s why it’s essential to work with a personal injury attorney who:
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Understands your rights under California law
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Will never ask for proof of immigration status
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Will protect your privacy and dignity
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Can communicate in your preferred language
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Knows how to deal with culturally sensitive or complex cases
✅ Conclusion: You Have Rights, No Matter Where You’re From
Whether you’re a visa holder, green card applicant, or undocumented worker, you are protected by California’s personal injury laws. If someone else’s negligence caused your injury, you have the right to seek justice—and fair compensation—without fear of immigration consequences.
Don’t let fear, misinformation, or language barriers stop you from protecting your health and future. Consult a trusted personal injury attorney who will advocate for your rights and guide you every step of the way.
