Can an Undocumented Immigrant File a Personal Injury Claim in California?

California has a very large population of undocumented immigrants, and it is important for everyone living there to know their rights if they are harmed by the actions of another party. A personal injury attorney is an invaluable asset for anyone in this situation, regardless of their citizenship or immigration status. If you have suffered any personal injury, it is important to consult an experienced lawyer as soon as possible.

Building a Personal Injury Claim

The main objective of a personal injury claim is to hold a defendant accountable for the damages they have caused. Most personal injuries happen because of negligence, a legal term to define a failure to use reasonable care in a specific situation. Common examples of personal injury cases arising from negligence include slip and fall premises liability claims, distracted driving accident claims, and medical malpractice cases.

It is also possible for a personal injury to result from intentional and illegal misconduct, such as intoxicated driving or an act of violence. In these cases, victims not only have grounds to seek compensation for the damages they suffered but the defendants responsible for harming them through illegal acts face criminal charges from the state.

Before you can claim any compensation for your damages in a personal injury case, you must identify the party or parties responsible for harming you and prove the full extent of the damages they caused. An experienced attorney can be an invaluable asset for any client, and in California, undocumented immigrants have the same right to file personal injury claims as citizens.

Claimable Damages in Your Personal Injury Suit

Once you have identified the party responsible for harming you and prove the extent of the damages they caused, you can proceed with claiming compensation for all these damages. Most personal injury plaintiffs have grounds to seek compensation for various economic damages, including property losses, medical expenses, lost wages, and lost earning potential. A personal injury attorney can help them accurately calculate these damages.

In addition to economic damages, plaintiffs also have the right to claim as much pain and suffering compensation as they see fit to reflect the severity of the harm they suffered. California law only limits pain and suffering compensation in medical malpractice claims, so for all other personal injury claims filed in the state, there is no cap on the amount of pain and suffering compensation a victim may seek.

Find Legal Counsel You Can Trust

An experienced personal injury attorney is a crucial asset for any victim of a personal injury. An undocumented immigrant is likely to have many concerns about their right to claim compensation, and they may be reasonably worried that engaging with officialdom could result in deportation. The right attorney can help their client navigate their proceedings with confidence, ensuring fair compensation for the losses they have suffered.

The team at Heimanson & Wolf, LLP, has years of experience representing all types of personal injury claims for all types of clients throughout the state, including undocumented immigrants. If you are unsure of your recovery options following a personal injury and have concerns about your immigration status, we can answer your questions and provide the professional support you need in this challenging situation.

FAQs About Undocumented Immigrant Filing a Personal Injury Claim in California

What Is a Personal Injury Claim?

A personal injury claim is a form of civil lawsuit intended to secure compensation for damages. When another party has harmed you through any type of negligence or an illegal act, you have the right to seek compensation for the damages they caused. The total value of a personal injury claim hinges on the extent and severity of the harm you suffered and whether you experienced permanent damage of any kind.

Can You Sue for Pain and Suffering?

Yes, the plaintiff in a personal injury claim has the right to seek financial compensation for the physical pain and emotional suffering the defendant caused. There is no limit to how much a plaintiff may claim in most personal injury cases, and an experienced attorney can help their client determine a fair amount. For many personal injury plaintiffs, their pain and suffering compensation amounts to most of their final case awards.

Do I Need to Hire an Attorney for a Personal Injury Claim?

Technically, no, you are not legally required to hire counsel for a personal injury case. However, hiring an experienced attorney to represent you will significantly improve your chances of recovering compensation for your damages. Your attorney will also know how to streamline your recovery efforts and shorten the time it takes for you to receive compensation for your damages.

Will I Win More Compensation if I Hire an Attorney?

You are significantly more likely to maximize your final case award from a personal injury claim if you have an experienced attorney representing your case. The right attorney can not only make filing your claim easier, but they are also likely to reveal channels of compensation that you may not have realized were available, and they are also more likely to accurately calculate projected future damages you can include in your claim.

What Does It Cost to Hire a Personal Injury Lawyer?

Most personal injury attorneys accept cases on a contingency fee basis. This means that the attorney does not take a fee unless and until they secure compensation for their client’s damages. The contingency fee is a percentage of the final case award, so there is no risk of the client paying their attorney more than they win in compensation. Additionally, the attorney, under a contingency fee agreement, takes no fee if they cannot obtain compensation for the client.

Contact Us

It’s natural to have lots of pressing legal questions after a personal injury; undocumented immigrants often assume they do not have the same legal rights as American citizens when they suffer personal injuries. If you believe any other party is directly responsible for your recent personal injury, the team at Heimanson & Wolf, LLP, can help hold them accountable. Contact us today to schedule a free consultation with our team.