California has laws that protect all individuals if they’ve been victimized in an accident. That includes immigrants.
AB 2159
The AB 2159 Act was added to the California Evidence Code as section 351.2. Regarding personal injury or wrongful death claims, the law prohibits using immigration status to argue any individual’s civil case. So, no court, defense attorney, or insurance company can reduce or deny a claim based on an individual’s immigration status.
Lost Income Calculations
When factoring lost wages, California considers where your income is generated. Calculations are based on what any victim might have made in the States and not on what they could have earned in their country of origin.
Lost income can be established even if you’re paid in cash. The court will need documentation. Bank deposits may be required. The court may accept coworker testimony or a certified letter from an employer.
Access to Resources
Unfamiliarity with the legal system can be a barrier for the undocumented. This would be amplified if any party has language issues. However, the state of California addresses these matters in its laws, which ensure all parties understand their rights. Part of your attorney’s job will be to ensure that the law is enforced.
Getting Legal Assistance: Common Concerns
Confidentiality with a lawyer is guaranteed. The relationship is grounded in communication that safeguards you from any harm, including lack of citizenship. The lawyer will not and cannot report your status. If there is an application for citizenship, a green card, or a visa, an immigration attorney also ensures that it has no bearing on your case.
Also, you do not need a Social Security number to file a civil claim. Only evidence directly related to the case is allowed.
Importance of Legal Representation
Injury attorneys play a crucial role in balancing the scales in accident claims. The opposition will do whatever it takes to misinform and manipulate a plaintiff. They may use immigration status to put fear in you but, they won’t be able to when you have a lawyer. The lawyer is aware of the unique concerns that undocumented persons and their families may want to avoid. That’s why your lawyer may request that you not speak to anyone about your case.
The lawyer will be a barrier against any potential threat. Knowing the victim deserves compensation, according to California statutes, is all that matters. The law is clear: if another party is responsible for your injury or property damage, your rights to seek compensation will be protected.
What to Do
If you or someone you know is involved in an accident and your immigration status is a concern, protect yourself by:
- Choosing an attorney who knows immigration law and civil matters.
- Not giving recorded statements to anyone.
- Avoiding sharing info about the case to anyone except your lawyer.
- Confirming how the client-attorney laws are paramount.
- Having the lawyer confirm that the claim can be executed with minimal exposure.
- Letting your lawyer do the talking!
You Are Not Alone
Wherever you live in California, fear of deportation is no reason not to seek legal help. Reputable lawyers and court officials in California are here to review and judge your claim on its merits, not your immigration status.