Can Immigrants in California File Personal Injury and Car Accident Claims?
Everyone is aware that there are millions of undocumented individuals currently residing in the United States. While they each have their own reasons for being here, if you are an immigrant that endured an accident and suffered damages, you have rights!
You can obtain legal compensation for any injuries or even for a wrongful death that you may have suffered because of the accident. Do not be afraid, and get the justice that you deserve. Wrongful death and personal injury cases can no longer use that fact that you are an illegal immigrant as admissible evidence, thanks to the Governor Jerry Brown.
This is why it is important that if you are an illegal immigrant who has just been through any type of personal injury or car accident, that you seek help from accident lawyers who are able to recover damages and compensation for you in California.
No matter what your immigration status is, you have human rights. Call Drake Law Firm now to talk to an accident attorney with experience in personal injury and begin the process of filing your claim.
Any injury can leave you devastated. It can leave you with numerous expenses, future expenses, and even leaving you unable to work, which is perhaps the main reason that immigrants migrate here.
Because of this fact, seeking help to pay for those expenses will aid in removing the additional stress that you may already be feeling.
Dictation of Immigrant Personal Injury Cases
A famous case, which changed the way the ruling of personal injury cases in California concluded for undocumented immigrants, was that of Rodriguez vs. Kline (1986).
In this case, the plaintiff, an undocumented immigrant, was seeking to get awarded for the injuries he had endured that resulted in him losing wages and obtaining healthcare fees. To remedy the plaintiff, instead of using the rates that the U.S goes by, they used the rates of the healthcare and wages in their “home” country.
Because of this, the compensation that the plaintiff received was only a portion of what they should have obtained with the rate of the United States. This case, for many years, dispirited undocumented immigrants in pursuing claims for personal injury because the status of immigrants were kept in the official records of the court and they could admit it as evidence.
The thought was that they would be deported if they even attempted to pursue a claim. The results of this case had an effect for 30 years, but thankfully, 30 years later, victory set in for immigrants.
Victory For Immigrants in California!
In August 2016, Governor Jerry Brown signed the Assembly Bill 2159, which was sponsored by Lorena Gonzalez, California Congresswoman. Simply stated, Gonzales said that California standards should be followed by any party who is involved in an injustice, including illegal immigrants.
Any type of accident that results in undocumented immigrants damages is protected by these laws. The purpose of this bill is to have other undocumented immigrants seek help and obtain justice for the harms that have been done to them.
A human is a human, regardless of their social status. We need to prioritize the well-being of the human, rather than focus on their social status.
If you are injured, you were harmed. If you lost someone, you lost someone. It does not matter what your social status is here at our firm of personal injury expert lawyers.
Can a Personal Injury Claim Lead to My Deportation?
The simple answer is no. There is an often hesitation that follows undocumented immigrants because they are unsure of their status when contemplating whether to file a personal injury claim or not.
The fear of being deported is what might stop them from pursuing justice. Currently, the fact that you are an illegal immigrant can not be used as a means to threaten you.
Despite your immigration statute, the sole purpose of a personal injury claim in California is to compensate the victim for their damages, in other words, you.
These are some of the damages that you could be provided, even if you are undocumented:
- Loss of income
- Property Damage
- Loss of use for your car or truck
- Expenses related to medical care or treatment
- Cost of medications
- Pain and suffering
- Expenses for physical therapy or rehabilitation
- Fees for tests like X-rays or CT scans
- Cost of equipment to assist your medical needs
You Can Recover From the Following Circumstances
Personal injury is very broad. There are a number of situations that you could be placed in that result in your injuries. Depending on the severity of the injuries suffered, the amount you are rewarded will vary.
Below will be listed the typical cases of personal injury that occur most frequently:
- Car, bus and motorcycle accidents while driving a vehicle
- Intentional torts such as battery and assault
- Accidents of slips and falls
- Accidents during medical treatment, known as medical malpractice
- Accidents that result in a dog bite
We can only imagine how stressful it is to become a victim of any of the above circumstances, especially if you are undocumented.
Do not be afraid to seek help. You are a human and you have rights in the state of California. Our team of educated lawyers of personal injury will work with you to hold the guilty parties liable for the damage that has been done, despite your social status.
Are You Worried About Your Immigration Status?
Do not be! You can conclude that your status does not matter to the eyes of civil law. If you suffered an injury and it was the cause of another person’s negligence, then the fact that you are an immigrant does not hinder your changes in being able to recover for those damages.
My law firm and accident attorneys who work with me care about the human, not their social status. Personal injury attorneys focus on helping everyone who became a victim of a negligent act or intentional tort.
My firm understands your pain, and even more so, the fear that you feel. Benjamin Drake and the legal team are here to take your hand along the way and show you the compassion that you deserve.