As a newcomer to this country, you might wonder if you have any of the same rights as American citizens. This question may particularly come to mind if you get hurt in an accident. Discover if and how your immigration status impacts any personal injury claims you make in California.
Immigration Status Impact
According to the law in California, your immigration status does not impede your ability to file a personal injury claim. On January 1, 2017, the state enacted Section 351.2 of the California Evidence Code that prevents a person’s immigration status from being included in personal injury claims.
The same section also stipulates that a person’s immigration status cannot be used against them in civil court. Under the state’s law, you have the same right as an American citizen to file a personal injury claim and pursue compensation in court.
Likewise, a lawyer representing the party responsible for the accident and injury cannot use the threat of deportation to convince an immigrant to drop the case. Immigrations, regardless of status, can file a claim without the worry of deportation.
When to File
As a newcomer to this country, you have the right to file a personal injury claim after a variety of accidents and events. The most common types of personal injury accidents include:
- Car wrecks
- Slip and fall accidents
- Workplace injuries
- Pedestrian accidents
Other types of mishaps that you can file personal injury claims for include:
- Dog bites
- Animal attacks
- Defective products that cause injuries
- Intentional acts like assault and battery
- Medical malpractice
You can also file this type of legal action for emotional and psychological harm incurred because of harassment, bullying and defamation.
Types of Legal Compensation
People who are newcomers to the country can pursue financial compensation for numerous types of damages. For example, if you must miss work because of an accident-related injury or illness, you can file a claim to recover income that you lost during the time you had to miss work.
You can also pursue what is known as a loss of earning capacity. If the injury or illness from the accident diminishes the capacity in which you can return to work and earn your former income, you can file a claim for any potential income you will lose.
Additionally, you can ask the court to award you compensation for any medical costs you had to pay to seek treatment. Medical costs can include those for:
- Hospital stays
- Surgeries
- Medications
- Rehabilitative services
- Mental health therapy
They can also include any future medical bills related to the accident.
Other common compensation newcomers can file for in a personal injury case include property damage, loss of consortium, or compensation for the relationship impact on your spouse and family and emotional distress.
Why Hire an Attorney
Immigrants wanting to file a personal injury case should hire an experienced attorney to assist with it. The attorney will know the statute of limitations for filing and pursuing this type of legal action. The lawyer can also tell you how much compensation you could file for and ask the court to award you.
Experienced personal injury attorneys can likewise negotiate settlements if either party wants to keep the case out of court. They ensure claimants receive fair settlements that compensate for applicable damages related to the accident and injury.
Regardless of immigration status, newcomers in the state of California have the right to file personal injury claims after an accident. You can do so after circumstances like car wrecks or workplace accidents. If you are an immigrant needing to file a personal injury case, contact an experienced personal injury attorney today.
