If you're an undocumented immigrant living in California, you still have rights, especially when you're the victim of an accident. At Arshakyan Law Firm, we want to assure you that your immigration status will not negatively affect your personal injury case. You are entitled to legal protections, and you may still pursue compensatory damages such as medical costs, lost wages, and pain and suffering if someone else caused your injury.
California law is clear: every person, regardless of immigration status, has the right to be safe and to seek justice when harmed by another's negligence. Whether you were injured in a car accident, workplace incident, slip and fall, or construction accident, you have options, and we are here to help.
Your Rights as an Undocumented Immigrant in California
One of the most common myths we hear is, “I’m undocumented, so I can’t file a lawsuit.” This is entirely false.
Under California Civil Code Section 3339, every individual in the state, regardless of legal status, has equal protection under the law. This includes the right to:
- Receive proper medical care after an accident
- File a personal injury claim or lawsuit
- Be represented by a qualified attorney
- Pursue damages for medical bills, pain and suffering, and more
Furthermore, California courts do not allow a person’s immigration status to be introduced as evidence in personal injury cases unless it’s directly relevant, which it almost never is.
Accidents Covered by Personal Injury Law
If you were harmed due to someone else’s negligence, you may have a valid personal injury claim. Common examples of these incidents include:
- Car accidents (passenger, pedestrian, or driver)
- Slip and fall injuries on unsafe property
- Work-related accidents, including those in construction or factories
- Bicycle or scooter accidents
- Truck and commercial vehicle accidents
- Injuries due to unsafe premises or products
You don’t have to be a U.S. citizen or even have legal status to be protected under California’s personal injury laws. Our Los Angeles personal injury attorneys have successfully represented undocumented clients throughout Southern California who’ve been hurt in these types of cases.
What Compensation Can You Recover?
California law allows accident victims to pursue compensatory damages, money that helps you recover physically, emotionally, and financially. If you’ve been injured, you may be eligible for:
- Medical Expenses: This includes emergency room visits, surgeries, rehabilitation, and any long-term care related to your injury.
- Lost Wages: If your injury prevented you from working, even if your work was undocumented or paid in cash, you may still recover income lost during your recovery.
- Pain and Suffering: You may be compensated for the emotional and physical toll of the accident, including anxiety, depression, trauma, or chronic pain.
- Future Medical Care and Reduced Earning Capacity: If your injuries affect your ability to work long-term or require continued treatment, you may also receive compensation for future losses.
Will My Immigration Status Be Used Against Me?
This is a common concern, and the answer is no, your immigration status cannot be used to deny or reduce your injury claim in California.
In fact, in landmark cases like Rodriguez v. Kline, California courts have ruled that undocumented immigrants can seek full compensation, including for future lost earnings, without fear that their legal status will be held against them.
Additionally:
- Your immigration status will not be reported to immigration authorities by filing a claim.
- Defendants and insurance companies are prohibited from asking about your status during most stages of the legal process.
- Attorneys are bound by confidentiality, so your information will not be shared.
Don’t Be Intimidated by Insurance Companies
Insurance adjusters often prey on fear, especially when they know the injured person is undocumented. They may try to:
- Pressure you into accepting a low settlement
- Ask invasive or irrelevant questions about your status
- Threaten that filing a claim will bring immigration consequences
- Suggest you have no rights
These tactics are not only unethical, they’re illegal in California.
Don’t speak to the insurance company alone. Let our Los Angeles accident attorneys handle all communications, ensuring you are fully protected. At Arshakyan Law Firm, we have a proven track record of negotiating with insurance companies and winning complete, fair settlements for our clients, regardless of their immigration status.
California Is a Sanctuary State That Protects You
California has some of the strongest protections for immigrants in the country. Several laws exist to ensure undocumented residents feel safe using the legal system:
- Civil Code 3339: Guarantees equal access to the courts
- Evidence Code 351.2: Prohibits immigration status from being admitted in court unless clearly relevant
- Labor Code 1171.5: Protects undocumented workers from wage theft and abuse
These protections are designed to encourage immigrants, documented or not, to come forward when they’ve been wronged. California’s legal system works best when all people can safely access it.
You Are Not Alone—We Are Here to Help
You might be wondering: Can I afford an attorney if I’m undocumented? At Arshakyan Law Firm, we work on a contingency fee basis. That means you pay nothing upfront; we only get paid if we win your case. We also offer free and confidential consultations where we can evaluate your claim and explain your rights without any pressure or obligation.
We understand that undocumented immigrants often feel vulnerable or fearful about dealing with the legal system. That’s why our team takes a personal, compassionate approach to every case.
We speak your language, literally and figuratively. Whether Spanish, Armenian, or English is your preferred language, we ensure clear and respectful communication throughout the entire process.
Our firm has successfully handled hundreds of Los Angeles and Southern California accident cases involving undocumented victims, and we’re ready to fight for you.
What to Do After an Accident If You’re Undocumented
If you’ve been injured, take the following steps to protect yourself:
1. Get Medical Attention
Your health comes first. Don’t avoid treatment out of fear; California hospitals won’t ask about your status, and delaying treatment can hurt both your health and your legal case.
2. Document Everything
Take photos of the scene, your injuries, and anything else related to the accident. Save medical bills, receipts, and records.
3. Avoid Talking to Insurance Adjusters
Let your attorney speak on your behalf. Anything you say to insurance companies may be used to reduce or deny your claim.
4. Contact a Trusted Personal Injury Attorney
The sooner you contact an experienced attorney, the stronger your case will be. Evidence fades, and deadlines matter.
Final Thoughts
No matter your immigration status, you are a human being with rights, and when someone harms you, the law is on your side. At Arshakyan Law Firm, we’re proud to stand with undocumented accident victims and fight for the justice and compensation they deserve.
We represent injured individuals across Los Angeles, Van Nuys, and Southern California, and we take great pride in offering the highest level of care, compassion, and legal advocacy.
Call Arshakyan Law Firm at (818) 650-9985 to schedule your free and confidential consultation. We are in your corner!