For undocumented immigrants who have suffered personal injuries due to someone else’s negligence, one pressing concern is whether their immigration status will impact the compensation they can receive. This question is both important and valid, given the complex intersection of immigration and personal injury law. The good news is that the legal system in many states, including California, has established protections to ensure that your immigration status does not affect the amount of compensation you are entitled to. This article will explore these protections and explain how they work to ensure that all victims, regardless of status, can seek fair compensation.
Legal Protections for Undocumented Immigrants
In California, specific laws have been enacted to protect undocumented immigrants in personal injury cases. One of the most significant legal protections is Assembly Bill 2159, which became law in 2017. This law added Section 351.2 to the California Evidence Code, effectively barring the admission of a plaintiff’s immigration status in personal injury and wrongful death cases. The intent behind this legislation is to ensure that every individual, regardless of immigration status, has an equal opportunity to seek justice and obtain fair compensation.
How the Law Protects Your Compensation
Before AB 2159, there was a risk that an undocumented individual’s compensation could be reduced by arguing that their future earning capacity should be based on wages in their country of origin rather than the United States. This could result in significantly lower awards for lost wages and future earnings. However, with the enactment of AB 2159, California law now mandates that damages must be calculated based on the victim’s potential earnings in the U.S., regardless of their immigration status. This means that you can claim the same level of compensation as any other person living and working in the state.
Types of Compensation You Can Pursue
As an undocumented individual, you are entitled to pursue the same types of compensation as anyone else in a personal injury case, including:
- Medical Expenses: Compensation for all medical costs related to your injury, including future medical care.
- Lost Wages: Reimbursement for income lost due to your injury, calculated at U.S. wage rates.
- Pain and Suffering: Compensation for the physical and emotional distress caused by the injury.
- Property Damage: Reimbursement for any personal property damaged as a result of the incident.
- Other Damages: In some cases, you may also be entitled to punitive damages or compensation for the impact on your relationships and quality of life.
Addressing Potential Challenges
While the law provides robust protections, it’s important to be aware that challenges can still arise. For example, opposing parties may attempt to intimidate you by raising concerns about your immigration status, even though it is irrelevant to your claim. This is why having an experienced personal injury attorney is crucial. A skilled lawyer will ensure that your rights are protected, and your compensation is based solely on the merits of your case, not your immigration status.
Your immigration status should not and does not affect the amount of compensation you can receive in a personal injury case. California law, through AB 2159, ensures that undocumented immigrants are treated fairly and equally when it comes to seeking compensation for injuries caused by someone else’s negligence. If you’ve been injured, don’t let fear hold you back from pursuing the compensation you deserve.
At The Abel Firm, we understand the unique challenges undocumented immigrants face when pursuing personal injury claims. Our team of experienced law professionals are dedicated to protecting your rights and ensuring that you receive the full compensation you’re entitled to, regardless of your immigration status. Don’t navigate this process alone—contact us today for a free consultation and let us help you secure the justice and compensation you deserve. Call us at 415-461-5400 or fill out our online contact form to get started.
