If you’re an undocumented citizen injured in a car accident or another serious incident, you may be asking yourself: Can my immigration status affect my personal injury claim? It’s a fair and often frightening question.
Many immigrants hesitate to pursue justice after an accident, fearing deportation, family separation, or loss of future visa opportunities. But here’s the truth—you still have rights and deserve protection and compensation.
Let’s explore the facts and present a path forward.
What Does the Law Say? Do Undocumented Immigrants Have the Right to File a Claim?
Yes, undocumented immigrants can legally file a personal injury claim in California. The law protects everyone—regardless of immigration status—when injured due to someone else’s negligence. This includes victims of:
- Auto accidents
- Premises liability (e.g., slips or falls at stores or apartments)
- Truck accidents
- Motorcycle accidents
- Drunk driving collisions
According to the California Civil Code and supporting court rulings, your legal status does not prevent you from pursuing financial compensation for medical bills, lost wages, and pain and suffering.
Important Legal Protections:
- Attorney-Client Privilege: Under Evidence Code § 954, anything shared in confidence with your lawyer is protected by confidential communications. Your immigration status cannot be reported to law enforcement by your attorney or legal team.
- California Evidence Code § 351.2: Immigration status is not admissible in court in personal injury cases. This law ensures that injured parties are not silenced out of fear.
How Your Immigration Status Does Not Affect Your Case
Your eligibility to receive compensation is based on the injury, not your status. Our Santa Clara personal injury lawyer will evaluate:
Case Element | Immigration Relevance |
Who was at fault | ❌ Irrelevant |
Severity of injuries | ❌ Irrelevant |
Medical treatment received | ❌ Irrelevant |
Proof of damages | ❌ Irrelevant |
Immigration status | ✅ Protected by law |
However, you must act before the statute of limitations runs out—usually two years from the date of injury in California.
Common Concerns Immigrants Have About Filing a Personal Injury Claim
1. Fear of Being Reported to Immigration Authorities
Many immigrants worry that filing a claim might alert immigration officials. Fortunately, your conversations with a lawyer are protected by attorney-client privilege, meaning your immigration status and case details remain private and confidential.
2. Filing a Claim Without a Social Security Number
You do not need a Social Security number to pursue an injury claim. Courts will consider your medical records, police reports, and witness statements to support your injury case.
3. Getting Paid in Cash by Your Employer
You can still claim lost wages even if you’re paid in cash. Documentation like bank deposits, employer letters, or coworker testimony can be used to establish your income.
4. Impact on Future Immigration Applications
Filing a personal injury claim is a civil matter and typically has no bearing on visa, green card, or citizenship applications. That said, consulting with an immigration attorney is wise to navigate complex immigration policies.
5. Confidentiality With Your Lawyer
Your attorney cannot and will not report you. The attorney-client relationship relies on confidential communications, ensuring your legal status is safeguarded at every step.
When to Hire a Lawyer—The Importance of Having a Legal Ally
Personal injury lawyers are critical to leveling the playing field. Insurance companies and insurance adjusters may try to use fear and misinformation against you. Our dedicated Santa Clara personal injury lawyer ensures you receive:
- Thorough documentation of your injury case
- Professional negotiations with the insurance claim adjuster
- Confidential, culturally sensitive legal assistance
- Maximum compensation possible under personal injury law
Whether you’ve suffered minor injuries or catastrophic injuries, getting the legal representation you need—right away—makes all the difference.
What to Do After an Accident If You’re an Immigrant
If you or someone you love is injured:
- Seek medical treatment immediately
- Document everything – photos, witnesses, receipts
- Do not speak to any insurance adjuster alone
- Consider consulting a personal injury law firm with experience
- Ask about legal advice without fear of exposure
Advice for Immigrants Seeking Justice
Here’s how to protect your rights while staying safe:
- Choose a lawyer familiar with immigration laws
- Avoid giving recorded statements to insurance companies
- Insist on a written contract that acknowledges client-attorney privilege
- Ask your attorney about filing claims in a way that minimizes exposure
- Know your rights—you cannot be denied compensation due to your immigration status
You’re Not Alone—And You’re Protected
Whether walking near the Santa Clara University campus or commuting on I-280, an injury can change your life. However, your immigration status does not eliminate your rights. If you’ve been injured, it’s your legal right to fight for financial compensation for your medical bills, lost income, and the pain and suffering you’ve endured.
Our experienced legal team in Santa Clara offers free consultations and understands the unique concerns of undocumented immigrants, visa holders, and their families. You are entitled to justice, free from fear.
👉 Contact us today for a free case review.
FAQs on Personal Injury Claims Related to Immigration Status
No. Your claim is protected under California civil law. It does not trigger deportation proceedings.
Our consultations are always free; many personal injury lawyers work on a no-win, no-fee basis.
Yes, if you’re a parent or legal guardian. You may also assist a loved one in pursuing their claim.
