Can Undocumented Immigrants Sue for Personal Injury in California?
You’re hurt because someone was careless — maybe a reckless driver or a business that ignored safety rules. You need medical care, money for lost work, and the peace of knowing you and your family will be okay. But you don’t have legal papers. In California, that fact does not take away your right to sue and win compensation.
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Your Right Is Written Into California Law
California tells its courts to keep your immigration status out of the courtroom. Evidence Code § 351.2, created by Assembly Bill 2159 in 2016, blocks defense lawyers from bringing up (or digging into) whether you are documented in personal injury and wrongful-death cases. Judges must exclude that topic completely. Jurors never hear about it.
The rule is simple:
- Your status stays private.
- Your damages — medical bills, lost pay, pain — are measured the same way as anyone else’s.
The law overturned older decisions that once let insurance companies slash verdicts by claiming undocumented workers might be deported. Now, courts focus only on how badly you were hurt and how much money will make you whole.
State Agencies Back You Up
California’s Department of Industrial Relations says it clearly: “California’s labor laws protect all workers, regardless of immigration status.” Investigators do not track or report your status, and you can seek help even if you leave the country for treatment or family reasons.
This policy of equal protection carries into civil courts. If a trucking company’s negligence shattered your arm or a store’s wet floor made you fall, you stand on the same footing as any citizen when you sue.
You may still feel pressured. Raids and street operations by Immigration and Customs Enforcement (ICE) have stirred fresh fear, especially after the large Los Angeles protests in June and detentions that drew national TV cameras.
The timing of these raids can make injured workers think twice before filing a claim. Knowing your legal shield can cut through that fear.
Core Legal Protections You Can Rely On
California courts and statutes give you several powerful tools. Read them, share them, and keep copies:
No Immigration Discovery
Defense lawyers cannot ask about, request documents on, or investigate your status during the lawsuit. If they try, judges must shut it down under Evidence Code § 351.2.
Equal Damages
Juries must calculate your wage loss using the pay you actually earned here, not what you might make in another country. Civil Code and recent case law reject the old “foreign wage” argument outright.
Anti-Retaliation Rules
Employers who fire, threaten, or report you to ICE for asserting your rights face fines and lawsuits under Labor Code § 98.6 and related statutes. The Labor Commissioner’s office enforces these penalties.
Confidential Settlements
Courts can seal records that might reveal personal information, and lawyers often negotiate non-disclosure clauses to keep your identity off public dockets. Your attorney at RTM Law can request these orders early.
Taking Action: Steps to Protect Your Case
Can undocumented immigrants sue for personal injury? Yes, but legal protection is only useful when you move fast and smart after the accident. Here is a direct plan you can follow today:
Get Medical Care Immediately
Delaying treatment hurts your health and lets insurance adjusters argue that you weren’t truly injured. Tell the clinic you were in an accident; you do not need to discuss immigration.
Document Everything
Photos of the scene, witness names, and receipts build the story of what happened and how much it costs to fix. Store copies on your phone and in printed form.
Stay Silent About Status
If an insurance representative, employer, or investigator asks about legal papers, politely refuse. Refer them to your lawyer. The question itself is improper in a personal-injury context.
Contact a Personal Injury Lawyer Early
The sooner a lawyer steps in, the quicker subpoenas, preservation letters, and expert inspections can lock down evidence before it disappears. RTM Law Firm offers free consultations on immigration status and personal injury linked cases, and takes no fee unless you win. Learn more here.
Keep Your Address Updated — Securely
Give your attorney a safe mailing address or create a P.O. box. Courts will send notices there, not to your workplace or relatives abroad.
Fear vs. Facts
ICE operations may feel random, but personal-injury lawsuits are handled in state civil courts, not immigration courts. ICE does not receive automatic alerts when you file a claim. Judges and clerks have no role in immigration enforcement. Civil case filings list only your name and contact information; lawyers can often substitute an attorney’s address or request redaction.
The recent community marches in Downtown L.A. — where thousands protested aggressive ICE sweeps around the garment district — show how many families share your concern. Those demonstrations also spotlight how state leaders and city attorneys are pushing back against federal over-reach, reminding everyone that California law remains firmly on your side.
Will I be deported if I file a personal-injury lawsuit in California?
No. AB 2159 (Evidence Code § 351.2) blocks any mention of your immigration status in court, and neither judges nor clerks notify ICE when you sue. California case law makes clear that filing a claim — even one that goes to trial — does NOT trigger removal proceedings.
Do I need a driver’s license or legal papers to hire a lawyer and sue after a car accident?
No. You can file a claim with or without a California license. If you drive, the state even issues AB 60 licenses to residents who cannot prove lawful presence, so lack of federal documents does not bar you from being on the road — or from protecting yourself in court.
How long do I have to file my lawsuit if I’m undocumented?
You generally get two years from the date of the injury to start a personal-injury lawsuit in California — exactly the same deadline citizens follow. That rule sits in the state’s statute of limitations (Code of Civil Procedure § 335.1) and the courts’ own Self-Help Guide.
If a public agency (like a city bus system) is involved, you must first send the agency a special claim — usually within six months — before you can sue. Miss these cut-offs and the court will throw out your case, no matter your immigration status, so talk to a lawyer right away to lock in the date.
Why Choosing the Right Firm Matters
You need counsel that understands cultural nuances, speaks your language, and has a record of standing up to insurers who weaponize fear. RTM Law’s immigrant-focused team litigates statewide, from Santa Ana to Stockton. They know how to file motions that block improper questions, bring in bilingual medical experts, and present your story clearly to a jury that may never have walked in your shoes.
Immigration Status and Personal Injury: Your Next Move
Undocumented immigrants CAN sue for personal injury in California.
Pain and hospital bills do not wait. Neither should you. California law protects undocumented people just as strongly as citizens when a negligent act causes injury. Evidence Code § 351.2, AB 2159, and labor-rights regulations close the courtroom door on any attempt to shame or silence you.
Use those protections now — reach out to our experienced personal injury attorney at RTM Law Firm and start rebuilding your life today. Free consultation.
We speak Spanish, Farsi, and Filipino.
Do you need compassionate support and effective representation?
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