The fear of legal repercussions often prevents undocumented immigrants from pursuing justice when they’ve been injured due to someone else’s negligence. Many wonder: Can I sue for personal injury if I’m undocumented? The answer is a resounding yes. In the United States, everyone—regardless of immigration status—has the right to seek compensation for injuries caused by another party’s negligence.
At Correa & Martinez Trial Lawyers, we believe that justice should be accessible to all, and we fight aggressively to protect the rights of injured individuals, including undocumented immigrants. In this blog, we’ll discuss this complex issue and how we can help.
Legal Protections for Undocumented Immigrants in Personal Injury Cases
The legal system in the U.S. upholds the principle that everyone has the right to due process; as such, the ability to file a lawsuit is not dependent on immigration status. In fact, several key legal precedents affirm this right:
- The Equal Protection Clause of the Fourteenth Amendment guarantees that all persons within the United States receive equal protection under the law
- State and federal court rulings consistently affirm that undocumented immigrants have the right to pursue compensation for personal injuries
- Personal injury laws apply to all individuals, regardless of citizenship, when harm is caused by negligence, recklessness, or intentional wrongdoing
Types of Personal Injury Cases Undocumented Immigrants Can File
Car Accidents
- Undocumented immigrants have the right to file a personal injury claim if they are injured in a car accident caused by another driver
- They can seek compensation for medical expenses, lost wages, pain and suffering, and other damages, as the legal system generally does not discriminate based on immigration status in tort claims
Workplace Injuries
- Eligibility for workers’ compensation benefits varies by state, and in many states, undocumented workers may be entitled to some level of workers’ compensation
- However, they often face challenges in claiming these benefits
- Even if they are ineligible for workers’ compensation, they may pursue a personal injury lawsuit against an employer if negligence is involved
Slip and Fall Accidents
- Undocumented immigrants can hold property owners legally responsible for slip and fall accidents if it can be shown that the property owner failed to maintain safe premises
- The ability to file a claim generally does not depend on immigration status
Medical Malpractice
- Undocumented immigrants can pursue claims for medical malpractice if they suffer harm due to the negligence of healthcare providers
- Similar to other personal injury claims, their immigration status typically does not bar them from seeking compensation
Will Filing a Personal Injury Lawsuit Affect My Immigration Status?
One of the biggest concerns undocumented immigrants face is whether filing a personal injury lawsuit will lead to deportation or immigration consequences. It is crucial to know that:
- Personal injury cases are civil matters, not immigration cases. Your immigration status is generally irrelevant to the claims process and should not impact your ability to recover compensation.
- Defendants cannot use your immigration status against you. Courts in many states, including Florida, have ruled that a plaintiff’s immigration status is not admissible in court because it is irrelevant to determining fault or damages.
- Your attorney can take extra precautions to protect your privacy and from unnecessary exposure.
Why You Need an Experienced Trial Lawyer
While the law is on your side, insurance companies and defense attorneys may attempt to intimidate or take advantage of undocumented plaintiffs. A skilled trial lawyer who understands personal injury law and the unique challenges undocumented immigrants face is essential to securing full and fair compensation.
At Correa & Martinez Trial Lawyers, we take an aggressive, fearless approach to representing the most vulnerable members of our community. We do not back down in the face of opposition and ensure that our clients receive the justice they deserve—without fear or intimidation.
Your Status Should Not Stand in the Way of Justice. Contact Us Today.
If you or a loved one has been injured due to someone else's negligence, do not let your immigration status prevent you from seeking the compensation you deserve. The legal system is designed to protect all individuals, and we are here to advocate for your rights.
Justice belongs to everyone—let us help you achieve it. Contact Correa & Martinez Trial Lawyers today for a free and confidential consultation. We will evaluate your case, explain your legal options, and provide the strong, compassionate representation you need.
