If you are an undocumented immigrant who has suffered a personal injury due to someone else’s negligence, you may be considering filing a lawsuit to seek compensation. However, you might also be concerned about the risks involved in pursuing legal action, especially when it comes to your immigration status. These concerns are entirely understandable, as navigating the legal system can be intimidating, particularly for those without legal residency status. In this blog post, we’ll explore the potential risks of filing a personal injury lawsuit as an undocumented immigrant and how you can protect yourself.
Fear of Deportation
One of the most significant fears for undocumented immigrants considering a lawsuit is the possibility of deportation. Many worry that by coming forward and filing a claim, they will expose their immigration status and face deportation proceedings. However, it’s important to know that in California, your immigration status is generally irrelevant to your personal injury case. Thanks to laws like Assembly Bill 2159, which prohibits the disclosure of a plaintiff’s immigration status in personal injury and wrongful death cases, the courts are not allowed to consider your status when determining compensation. This protection helps to minimize the risk of deportation related to filing a lawsuit.
Intimidation by the Opposing Party
Another risk is the possibility of intimidation tactics by the opposing party. Defendants or insurance companies may attempt to scare you by threatening to expose your immigration status or reporting you to immigration authorities. These threats are not only unethical but also illegal under California law. While such tactics can be frightening, having a skilled attorney on your side will ensure that your rights are protected, and such threats are handled appropriately. Your attorney can also reassure you that your immigration status will not be disclosed or used against you in court.
Financial Risks
Filing a lawsuit can involve certain financial risks, such as court fees and legal expenses. For undocumented immigrants, this can be a significant concern, especially if you are already facing financial difficulties due to your injury. However, many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue justice without worrying about upfront legal costs. Additionally, a successful lawsuit can result in compensation that covers your medical expenses, lost wages, and other damages, ultimately improving your financial situation.
Retaliation by Employers
If your injury occurred at work and your employer is aware of your undocumented status, you might fear retaliation if you file a lawsuit. This could include threats of firing, pay cuts, or even reporting you to immigration authorities. California law strictly prohibits employer retaliation for filing a workers’ compensation claim or lawsuit. If your employer retaliates against you, you may have grounds for an additional legal claim. Your attorney can help you navigate this situation and ensure that you are protected from unlawful retaliation.
How to Protect Yourself
While there are risks associated with filing a personal injury lawsuit as an undocumented immigrant, these risks can be effectively managed with the right legal support. The most important step you can take is to hire an experienced personal injury attorney who understands the unique challenges undocumented individuals face. Your attorney can provide guidance on how to proceed with your case while minimizing risks and ensuring that your rights are fully protected.
Filing a personal injury lawsuit as an undocumented immigrant does come with certain risks, but these should not deter you from seeking the compensation you deserve. California law offers significant protections to ensure that your immigration status does not affect your ability to pursue justice. With the help of a knowledgeable attorney, you can navigate the legal process with confidence, knowing that your rights and interests are being safeguarded.
At The Abel Firm, we are dedicated to helping undocumented immigrants secure the compensation they deserve for their injuries. We understand the concerns you may have about filing a lawsuit, and we are here to guide you every step of the way. Our experienced attorneys will work tirelessly to protect your rights and ensure that you receive fair compensation, regardless of your immigration status. Contact us today for a free consultation to discuss your case and learn how we can help. Call us at (415) 461-5400 or fill out our online contact form to get started.
