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Personal Injury Representation For Immigrants in Santa Monica & Los Angeles

After experiencing an accident and any resulting in serious, catastrophic, or life-changing injuries, you already have a lot to worry about. From expensive medical bills, long recovery times and time missed from work, your financial and physical future may seem uncertain. However, undocumented immigrants may have even more concerns.

If you are an undocumented immigrant and suffered injuries in an accident in California, you still can file a personal injury claim regardless of your immigration status. At the Law Offices of Eric Hershler, we can help immigrants obtain the compensation they need to recover after an accident. With over 35 years of experience assisting clients in the Santa Monica and Los Angeles areas, you can trust us to fight for you and help you get the help you need.

You Have The Right To File A Personal Injury Claim

In 2016, California enacted a law that prevents courts from asking any questions or requiring evidence regarding immigration status in a personal injury or wrongful death claim. Under this state law, everyone has equal rights to file a lawsuit. This means that whether you overstayed your visa, don’t have a green card or crossed the border without documentation, you can still recover compensation for injuries caused by someone else’s negligence.

At the Law Offices of Eric Hershler, we can assist immigrants with a variety of personal injury claims, including those stemming from:

Depending on the circumstances of your case, you may file a personal injury claim to recover compensation for your medical bills, rehabilitation costs, lost wages, lost future income, pain and suffering, property damage and, in some cases, punitive damages.

Overcoming Barriers Faced By Undocumented Immigrants In Personal Injury Cases

Undocumented immigrants encounter distinct obstacles when pursuing personal injury claims that extend beyond the typical challenges faced by other accident victims. At the Law Offices of Eric Hershler, we create a safe environment for undocumented immigrants and remain deeply aware of the unique fears and concerns that may prevent individuals from seeking the legal help they deserve.

We are committed to addressing these anxieties with sensitivity and respect, making certain you feel secure throughout the legal process. California law prohibits the questioning of immigration status in personal injury cases, allowing you to seek justice without fear of exposure or deportation risks.

Common barriers that undocumented immigrants face include:

Fear of deportation when interacting with legal systems or government agencies
Limited access to legal resources due to unfamiliarity with available services and rights
Language barriers that make understanding legal proceedings and communicating effectively challenging
Employment complications involving informal work situations that affect wage calculations
Cultural sensitivity concerns regarding how the legal system operates and treats immigrant communities

Our bilingual team in Santa Monica provides services in both English and Spanish, removing communication obstacles that could impact your case. We understand that many undocumented workers face employment situations that complicate traditional wage loss calculations, and we work diligently to document your actual income and financial losses accurately.

Cultural sensitivity remains central to our approach, recognizing that different backgrounds may influence how individuals perceive and engage with legal proceedings. We take time to explain each step of the process clearly and create an atmosphere where you feel comfortable asking questions and expressing concerns about your case.

Frequently Asked Questions For Immigrants Injured In California

It is important to remember that California law provides protections and pathways for everyone to seek justice after an injury. Here are common questions and straightforward answers to help you understand your legal standing.

Could I face deportation if I file a personal injury claim?

Filing a personal injury claim in California will not result in deportation or immigration consequences. California law specifically protects individuals by prohibiting courts from inquiring about immigration status during personal injury proceedings.

Do I need to tell my attorney that I’m undocumented?

While you are not legally required to disclose your immigration status, being honest with your attorney allows them to provide the most effective representation possible. Attorney-client privilege protects all communications.

Does my immigration status affect my ability to receive compensation after an accident?

Your immigration status does not bar you from seeking or receiving compensation for a personal injury, such as from a car accident. The legal system focuses on the facts of the case–specifically, whether the other party was negligent and the extent of your injuries, including whether you have suffered a permanent, life-altering injury.

California courts prioritize fairness, helping ensure that all individuals, regardless of immigration status, can pursue damages for medical bills, pain and suffering and lost wages. For example, if you were injured in a Santa Monica car accident, you have the same right to file a claim as any other resident.

Does a personal injury lawsuit affect immigration status?

Filing a personal injury lawsuit in California, whether in Los Angeles, Orange County or Riverside County, does not impact your immigration status. The legal process for these injury claims is separate from immigration matters.

The courts protect your privacy by prohibiting questions about immigration status during personal injury or wrongful death cases. This means you can seek justice without fear that your case will trigger immigration consequences. Additionally, filing a workers’ compensation claim if injured on the job also has no bearing on your immigration status.

What protections exist for undocumented individuals seeking compensation after an accident?

California law, supported by federal protections like the Civil Rights Act of 1964, helps ensure undocumented individuals can pursue personal injury claims without discrimination. In Santa Monica, Los Angeles and across California, courts do not allow immigration status to be raised as a defense in personal injury cases. This means the focus remains on the accident’s cause and your injuries.

If you are injured at work, you are entitled to workers’ compensation benefits, regardless of status. While lost wage calculations may consider employment circumstances, this does not affect your right to file a claim or seek fair compensation.

Let Us Help You Fight For The Compensation You Deserve

When you work with us at the Law Offices of Eric Hershler, we will take the time to examine your case and explain your legal options. We understand how overwhelming the legal process can be, especially when dealing with a catastrophic injury while worrying about your immigration status. We will always stand by your side to help you get the compensation you deserve. To schedule a free consultation, call us at 424-432-5084 or fill out our online contact form. We never charge legal fees unless we win compensation for you.