Can Illegal Immigrants Sue for Personal Injury?

• U.S. state and federal courts recognize that everyone, regardless of immigration status, is entitled to seek legal redress for injuries caused by another’s negligence or wrongful conduct. This principle stems from constitutional protections and state laws.

• For example, under the Fourteenth Amendment of the U.S. Constitution, everyone within the country is afforded equal protection under the law.

Personal injury lawsuits can cover claims for:

• Immigration status does not affect the validity of your claim. Courts do not bar individuals from pursuing compensation simply because they are in the U.S. illegally.

• The focus of a personal injury case is on the facts of the injury, the responsible party’s liability, and the damages suffered by the victim.

• In most cases, immigration status is not relevant and cannot be introduced in court unless it directly impacts the case. For example, if you are claiming lost wages, opposing parties may argue that your undocumented status affects your future earning potential.

• Many courts limit the introduction of immigration status to prevent prejudice against the plaintiff. Judges generally require the defendant to prove that immigration status is directly relevant to the issues in the case before allowing it to be introduced.

If successful, you may recover compensation for:

• Medical Expenses: Current and future costs of treatment.
  
  
• Lost Wages: Compensation for income lost due to the injury, including potential future earnings.
  
  
• Pain and Suffering: Damages for physical pain and emotional distress caused by the injury.
  
  
• Punitive Damages: In cases of gross negligence or intentional harm, the court may award punitive damages to punish the defendant.

While the general principles apply across the U.S., personal injury laws vary by state. For example:

• Florida: Florida courts have explicitly allowed undocumented immigrants to sue for personal injury. Defendants must provide strong justification to introduce immigration status.
  
  
• California: California law (e.g., Civil Code § 3339) specifically prohibits discrimination based on immigration status in lawsuits.
  
  
• Texas: Texas courts have upheld the rights of undocumented immigrants to sue, but they may permit inquiries into immigration status in certain contexts.

Being in the U.S. illegally does not strip you of your right to file a personal injury lawsuit. Courts prioritize justice for victims of negligence, and your immigration status is often irrelevant to the merits of your claim. To protect your rights and maximize your chances of a favorable outcome, consult with an attorney experienced in handling cases for undocumented clients.

If you are facing any concerns or intimidation due to your immigration status, an attorney can also help ensure that you are not unfairly targeted or discriminated against during the legal process.