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Filing a lawsuit against another party for injuries you have suffered is one of the most important rights you can have in the United States. But does that apply to non-citizens? Can illegal immigrants sue for personal injury? The short answer is yes, they can. The American legal system protects any person physically present in the country who was injured by another party’s negligence, regardless of immigration status.
As for California in particular, undocumented immigrants were expressly protected in 2016, when Governor Jerry Brown signed a law designed to safeguard their rights. Before this, undocumented immigrants were often discouraged from filing personal injury lawsuits. The 2016 law prevents defendants from asking plaintiffs about their immigration status in court. This means that, whether documented or undocumented, a plaintiff may still be able to file a lawsuit against a negligent party.
If you or a loved one suffered damages in an accident caused by someone else’s negligence or recklessness, you may be entitled to claim compensation regardless of your legal status in the country. Just because you don’t have papers doesn’t mean you don’t have rights. Schedule a free consultation with Megeredchian Law by calling (866) 359-0807. Consultations are confidential, and our legal team can determine your eligibility in just a few minutes. Hablamos Español.
How Can Illegal Immigrants Sue for Personal Injury?
Get Medical Care and Create a Record
Get evaluated as soon as possible, follow treatment recommendations, and keep copies of every document (ER/urgent care notes, imaging, prescriptions, referrals, and discharge instructions). Medical records are the foundation of a personal injury claim because they connect the accident to your injuries and document costs and prognosis.
Report the Incident and Ask for an Official Report
If it’s a car crash, call police and request the traffic collision report number; if it’s a slip-and-fall or unsafe property issue, report it to the manager/owner and ask for a written incident report. Official reports help establish when/where it happened and who was involved.
Preserve Evidence Immediately
Take photos/video of the scene, hazards, vehicles, and visible injuries; collect witness names/numbers; save receipts and any communication with the other party or insurer; and avoid repairing/disposing of key evidence (damaged clothing, broken items) until your attorney tells you it’s safe. Evidence is often lost quickly, so acting early matters.
Identify the Responsible Party and Available Insurance
Your claim usually depends on who was negligent (a driver, property owner, business, employer, product maker, etc.) and what insurance coverage applies (auto liability, homeowners/commercial premises coverage, umbrella policies). A lawyer can also look for additional liable parties when fault isn’t obvious.
Consult a Personal Injury Lawyer Before Giving Detailed Statements
Insurance adjusters may ask for recorded statements or broad medical authorizations that can hurt your case; a personal injury lawyer in California can handle communications, protect you from common traps, and calculate damages (medical bills, lost income, pain and suffering, and future care). This is also the point where your lawyer can address any immigration-status concerns in a way that protects your rights.
File an Insurance Claim (or Claims) and Document Damages
Your attorney will typically notify insurers, submit supporting evidence, and build a damages file (medical expenses, time missed from work, out-of-pocket costs, and how the injury affects daily life). Many cases resolve at this stage through negotiation if liability and damages are well supported.
Send a Demand Package and Negotiate a Settlement
A demand letter/package usually summarizes fault, injuries, treatment, and damages and requests a specific settlement amount. Negotiations may involve back-and-forth offers, and often mediation, before deciding whether a lawsuit is necessary.
File a Lawsuit if the Insurer Won’t Pay Fairly (and Follow the Court Process)
If settlement fails, your attorney can file suit, conduct discovery (documents, depositions), retain experts if needed, and pursue resolution through settlement talks, mediation, or trial. In California, Evidence Code § 351.2 generally bars immigration-status evidence in personal injury/wrongful death cases and also bars discovery into immigration status, which helps keep the focus on negligence and damages—not immigration status. FindLaw Codes+2CLM+2
Resolve the Case and Handle Liens/Medical Bills Properly
Once your case settles or you win at trial, there may be medical liens or bills to negotiate and pay from the recovery. A good PI firm will itemize deductions and confirm what’s being paid and why before you sign final releases.
Are Undocumented Immigrants at Risk of Deportation if They File a Personal Injury Claim?
Filing a personal injury or wrongful death claim does not put undocumented immigrants at risk of deportation. In California, state law protects undocumented individuals who seek compensation for injuries caused by someone else’s negligence.
Under California law, defendants and their attorneys are prohibited from raising, investigating, or using a plaintiff’s immigration status at any stage of a personal injury or wrongful death case. Courts will not allow questions, discovery requests, or evidence related to immigration status because it is considered irrelevant and prejudicial. The focus must remain on liability, injuries, and damages—not where the injured person was born or their legal status.
Any compensation awarded is also calculated based on the injured person’s actual earnings, expenses, and economic losses in the United States, not hypothetical wages from another country. Undocumented immigrants are entitled to recover medical costs, lost income, pain and suffering, and other damages just like any other injured person.
It is also important to understand that civil courts do not enforce immigration laws. Filing a lawsuit does not notify immigration authorities, and judges, defense lawyers, and insurance companies have no authority to report someone to immigration enforcement. Personal injury cases are civil matters, completely separate from federal immigration proceedings.
The only situations where immigration consequences could arise are unrelated to filing a claim itself—such as committing fraud, providing false documents, or being involved in separate criminal activity. Simply asserting your legal right to compensation after an accident does not expose you to deportation.
Do I Need to Tell My Lawyer About My Immigration Status?
Yes. You should be open with your lawyer about your immigration status.
Personal injury attorneys are legally required to keep all client communications confidential, including information about immigration status. This confidentiality extends to the firm’s staff as well. Your lawyer cannot disclose your status to insurance companies, opposing parties, or government agencies, and it cannot be used against you in your injury case.
Being honest with your attorney allows them to fully protect your rights and avoid surprises that could affect strategy. In California, immigration status is generally irrelevant in personal injury cases, and defendants are prohibited from using it to intimidate or discredit plaintiffs. Your lawyer can also plan ahead if proof of income or employment is needed by using alternative documentation when necessary.
Do not withhold information from your attorney. The only way your legal team can build the strongest possible case—accurately valuing damages, responding to defense tactics, and meeting all deadlines—is by having a complete understanding of your situation. With full transparency, your lawyer can focus on what matters: proving negligence and securing the compensation you deserve.
Can Illegal Immigrants File for Disability in Case of Accident?
Undocumented immigrants are not eligible for federal disability benefits, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs are limited to U.S. citizens and certain lawfully present non-citizens who meet strict eligibility requirements.
In California, undocumented immigrants generally cannot receive state disability programs such as State Disability Insurance (SDI), because these benefits require lawful work authorization and payroll contributions. As a result, there is no traditional disability benefit program available to undocumented immigrants for injuries caused by traffic accidents or other non-work-related personal injuries.
Benefits and Rights Undocumented Immigrants Do Not Have
- SSDI and SSI (federal disability benefits)
- State Disability Insurance (SDI)
- Unemployment Insurance
- Public disability assistance programs tied to lawful status
Rights Undocumented Immigrants Do Have After a Traffic Accident or Personal Injury
- The right to file a personal injury lawsuit
- The right to seek compensation for permanent or disabling injuries
- The right to medical care related to emergency injuries
- Legal protections that generally prevent immigration status from being used to deny compensation
Pursue Compensation Without Fear
Call Megeredchian Law at (866) 359-0807 to schedule a free, confidential consultation with an experienced attorney. If you or a loved one need assistance in Spanish, our firm has fully bilingual team members ready to help you in your language.
Don’t miss your opportunity to protect your rights. You’re here, you work here, and you have built a life here. The law protects your rights, regardless of your immigration status.
