Can an undocumented person still make a personal injury claim?
Yes, an undocumented person can still make a personal injury claim. Due to changes in California state legislature in 2017, the immigration status of a plaintiff is no longer admissible in trial. The defendant and defense attorneys are also not allowed to seek discovery regarding the undocumented status of the plaintiff.
In a personal injury case in California, plaintiffs can be awarded compensation for medical bills, prescriptions, therapy sessions, diagnostic tests and imaging, in-home medical equipment, property damage, pain and suffering, and loss of household services regardless of their immigration status. In addition, the plaintiff does not have to fear deportation as a result of filing a claim because their immigration status cannot become part of court records.