In California, your immigration status does not change your rights to file a personal injury claim. Regardless of whether you are a documented or undocumented migrant, the state processes claims for all injury victims. This means that even visa overstayers and migrants without a visa or green card can still file a claim in the state and recover damages if they have been injured.
A greater question, however, is whether filing a personal injury claim in California will lead to legal repercussions for your immigration status. If you are not a legally documented immigrant or you have overstayed your visa, then you do not have to worry. Evidence Code section 351.2 prohibits the courts from asking questions about your status during a personal injury case.
Protecting Your Rights
Immigrants in the state of California have equal rights to U.S. citizens when it comes to filing personal injury claims. They are protected under the law and are not to be discriminated against due to their country of origin.
This means that if you were injured at work, in an accident or by another person, you can still seek financial repayment for your injuries. The court cannot hold your immigration status against you or use it as a justification to deny a fair legal process or compensation.
How Long Do I Have to File a Personal Injury Claim in California?
You have two years after the date of the injury, or one year after the date of discovery. This gives you enough time to document the incident and consult with a lawyer. For the best outcome, it’s generally advisable for someone to pursue a personal injury case as soon as they can. This is because evidence can be difficult to recover years after a case.
If the at-fault party leaves the state of California after the injury, then the statute of limitations suspends until they return.
You are able to recover finances for a wide range of damages stemming from a personal injury, including:
– Lost wages
– Permanent or temporary disability
– Disfigurement
– Emotional suffering and mental anguish
– Medical expenses
– Reduced quality of life
– Loss of consortium (lost relationships due to injury)
If you are unsure what damages you can sue for in CA, don’t hesitate to contact a personal injury lawyer. They will be able to help you determine how much you could recover in damages.
As an immigrant in California, you still have rights. An attorney will fight on your behalf to make sure that any party responsible for your injuries is held accountable and that you are given the compensation you deserve.
Martin Gasparian is the founder of Maison Law, a California Personal Injury Law Firm. Martin is a graduate of Georgetown University Law School and has been practicing law in California 2004. His practice focuses on helping injury victims know their rights and recover just compensation.
