Immigration Status and an Injury Claim in California
You can bring a claim
Many people who are hurt in a crash or a fall never call a lawyer, because they are afraid of what will happen if their immigration status comes up. Some are told by the other driver, or even by an insurance adjuster, that they “can’t sue” because they do not have papers.
That is not how California law works. If someone else’s carelessness hurt you, you have the right to bring a claim for your injuries, whatever your immigration status.
The other side cannot ask
California law goes further. In an injury case, the insurance company and its lawyers are not allowed to ask about your immigration status at all, and it cannot be used as evidence:
“In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.”
California Evidence Code § 351.2
“Discovery” is the part of a lawsuit where each side gathers information from the other: written questions, document requests, depositions. Under this rule, none of it can be used to dig into your immigration status. And a jury deciding your case will not hear about it.
Threats are against the law
Sometimes the other driver, a property owner or someone else involved tries to scare an injured person off a claim by threatening to report them to immigration authorities.
In California, threatening to report someone’s immigration status, or a family member’s, to get something from them can be extortion, which is a crime (Penal Code § 519). If anyone has threatened you this way, tell your lawyer.
What you tell your lawyer is confidential
What you tell your lawyer about your case is protected by the attorney-client privilege. Your lawyer’s job is to protect your interests, not to report you to anyone.
An injury lawyer is not an immigration lawyer. If you have questions about your immigration situation itself, talk to an immigration attorney. But you do not need to resolve those questions before you can bring an injury claim.
Getting medical care
Do not skip medical care out of fear. Emergency rooms treat everyone who needs emergency care, and there are ways to keep treatment going while a claim is pending, including doctors who treat now and wait to be paid from the settlement. Read who pays my medical bills while my case is pending?
Everything else works the same
Your claim works like anyone else’s. The same deadlines apply, so do not wait. The same evidence matters: photos, witnesses, the police report and your medical records. And the same advice holds: do not give a recorded statement to the other driver’s insurer before talking to a lawyer. Read why you should decline.
Talk to Boyd
If you were hurt and have been afraid to call, call. The consultation is free and confidential, and Boyd takes the call himself, in English or Spanish: (714) 656-2400.