Posted in Personal Injury on October 5, 2022
According to the Pew Research Center, California has the most undocumented individuals of any state in the country. These individuals are just that – individuals who deserve respect and dignity when it comes to injury claims. Here, we want to discuss the legalities of undocumented individuals seeking legal representation for a personal injury claim against another party.
Undocumented Individuals Have Rights When Injured
Despite the political issues that circulate around immigration in the US, the fact remains that there are and will continue to be individuals who are not documented through proper channels. These are real mothers, fathers, sons, daughters, brothers, and sisters. They are grandparents, and they are friends.
Just like anyone else in California and in the US, undocumented individuals also sustain injuries, and sometimes those injuries occur due to the negligence of others. When that happens, these people should have legal routes toward recovering compensation for their losses. This includes the recovery of medical bills, lost wages, property damages expenses, out-of-pocket losses, and more.
But, for many years, undocumented people have felt discouraged from pursuing civil personal injury and property damage claims against at-fault parties. This stems from a fear that the negligent party and their legal team will use their undocumented status against them in court.
However, since 2017, the legal status of those involved in civil lawsuits has not been admissible in California. The at-fault party and their legal team are not even allowed to ask for information regarding a victim’s immigration status through the discovery process. Our Long Beach accident attorneys can help you navigate this process.
Why Does This Matter?
This matters because those who lack the proper documentation deserve to be treated just like anyone else if they are harmed due to the actions of another individual, business, or entity. They should be able to obtain compensation for all medical expenses, and their lost wages should be based on the job they were carrying out at the time the injury occurred, regardless of whether or not they were holding that position “legally.” Wages will be based on your US job, not the average wages in your “origin” country.
Contact an Attorney for Help Today
If you or someone you care about has sustained an injury caused by the actions of another person or entity in California, turn to a skilled personal injury lawyer today. These claims can be complicated, and it can be even more confusing if you or your loved one are undocumented.
When you work with an attorney, you will have an advocate who handles every aspect of your case. They will offer assistance and guidance and walk you through the process. Your lawyer will investigate the incident and push back against any attempt from the at-fault party to use your immigration status. You deserve compensation and fair treatment, not scrutiny and shame. There is nothing to be ashamed of. If you have been injured, you should be treated like anyone else.
An attorney will work to recover compensation through an insurance settlement but will also fully prepare the case for trial if that becomes necessary.