Can Undocumented Immigrants File Personal Injury Claims in California (Yes!)
Undocumented immigrants have rights in California!
In California, undocumented immigrants who have been injured in an accident can obtain legal compensation for personal injury and wrongful death.
If you are an undocumented immigrant living in California, who has been injured in an accident, you are free to pursue legal compensation for your damages.
You DO NOT have to fear your immigration status going on record!
Thanks to Governor Jerry Brown, illegal immigration status can no longer be used as admissible evidence in court during personal injury or wrongful death cases.
If you were hurt in any type of personal injury accident as an undocumented immigrant, you have rights, no matter your immigration status.
Call Wilshire Law Firm for a free case evaluation today at 1-800-522-7274. Our legal experts are ready to take your call and help you file your claim 24/7, 365!
You don’t need to live in fear of big business, powerful insurance companies – or the government – who will nickel and dime you until you have nothing left anymore.
Case law: Rodriguez vs. Kline (1986)
Rodriguez vs. Kline (1986) is a famous case that dictated the way, in which, undocumented immigrant personal injury cases in California were ruled for many years.
In the case, an undocumented, injured plaintiff sought compensation for health care and lost wages. The plaintiff’s immigration status was used, and their “home” country’s wage and health care rates were applied to the remedy, instead of the U.S. rates.
As a result, the plaintiff received a fraction of what they would’ve received had they been awarded U.S. rates.
Furthermore, undocumented immigrants legal statuses, since they were used as admissible evidence in court, were kept officially on record in court documents.
The Rodriguez vs. Kline case ruling discouraged many undocumented immigrants from filing personal injury cases for many years.
They were scared to pursue compensation for their damages for personal injury accidents because they thought they would eventually be deported.
Sadly, that case law lasted for three decades.
Fortunately, that is no longer the case!
30 years later, victory for immigrants
Sponsored by California Congresswoman Lorena Gonzalez (D – San Diego), Assembly Bill 2159 was signed into law in August 2016 by Gov. Jerry Brown.
Gonzalez’s argument for the law said that when injustices are committed in California, the parties that are responsible should be held to California’s standards.
“It’s that simple,” the Congresswoman said.
The law protects the rights of undocumented immigrants, who are injured during any type of personal injury accident.
It’s a major victory for undocumented immigrants!
The sponsors of the bill hope that it will inspire more undocumented immigrants to properly seek out justice and fair compensation for injuries sustained in California.
What once was an area of uncertainty, mixed with fear of deportation and missing one’s family, has been replaced by a beautiful new day for undocumented immigrants in America.
When it comes to taking care of human beings, it is always more important to prioritize the person rather than their social status.
If you were injured, you were injured.
If someone died, someone died.
You are entitled to fair compensation, regardless of your immigration status.
To learn more about your rights as an undocumented immigrant who suffered a personal injury, such as a car accident or motorcycle accident, call the legal experts of Wilshire Law Firm today at 1-800-522-7274.