Can Undocumented Immigrants Sue for Personal Injury?

Many people ask, “Can illegal immigrants sue for personal injury?” The short answer is yes. In most cases, immigration status does not prevent someone from filing a lawsuit after being injured due to another party’s negligence. Undocumented immigrants generally have the same access to civil courts as anyone else. Concerns about immigration status or court procedures create hesitation, which is why many people speak with a New York personal injury lawyer before moving forward.

Does Immigration Status Affect the Right to File a Personal Injury Lawsuit?

Immigration status does not prevent someone from filing a personal injury lawsuit. Civil courts focus on whether a person was injured due to another party’s negligence, not on citizenship or documentation status. Personal injury claims are civil matters, separate from immigration enforcement. In New York and throughout the United States, courts have consistently allowed undocumented individuals to seek compensation for injuries caused by car accidents, unsafe property conditions, construction site hazards, and other negligent conduct that resulted in physical injury.

Will Immigration Status Be Raised in Court or Reported to Authorities?

In some cases, defense attorneys inquire about immigration status during discovery, particularly when employment records or lost wages are part of the claim. Judges generally limit questioning that is not directly relevant to the legal issues in the case. Courts weigh whether immigration-related information is necessary against the risk of unfair prejudice, and disputes over disclosure are often resolved through pretrial motions rather than in front of a jury. A separate but common concern is whether filing a lawsuit could trigger immigration enforcement. Personal injury cases are civil matters handled in state court and are separate from federal immigration proceedings. Filing a claim does not automatically notify immigration authorities or initiate deportation proceedings. While each situation is unique, immigration status does not typically become a central focus of a negligence case unless it directly relates to a specific claim for damages.

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Undocumented Immigrants Can Recover Damages

Undocumented immigrants may seek many of the same categories of damages as other injured individuals, including medical expenses, out-of-pocket costs, and, where permitted by law, pain and suffering. Lost wages present more complex legal questions. In Balbuena v. IDR Realty LLC 6 N.Y.3d 338 (2006), the New York Court of Appeals held that undocumented workers were not barred from recovering lost wages in personal injury actions. The court distinguished these claims from certain federal labor law remedies and confirmed that immigration status alone does not preclude recovery of economic losses. Even so, wage claims receive closer scrutiny. Insurance companies and defense attorneys often examine employment records carefully when lost income is disputed. Questions about documentation or work history often arise during discovery or settlement negotiations. Because lost wages can significantly affect the value of a case, careful preparation of supporting evidence is important in protecting the full extent of a claim.

Car Accidents and Undocumented Immigrants

Car accidents raise additional procedural considerations in New York because the state follows a no-fault insurance system. After most motor vehicle accidents, medical expenses and a portion of lost wages are initially paid through no-fault benefits, regardless of who caused the crash. If injuries meet the legal threshold for a serious injury, an injured person can pursue a separate claim against the at-fault driver. Issues such as licensing status or employment documentation may affect certain aspects of a claim, but they do not automatically determine whether compensation is available.

What If I Was Driving Without a License?

Many undocumented immigrants are concerned that driving without a valid license could automatically prevent them from recovering compensation after a car accident. In New York, the absence of a driver’s license does not automatically bar someone from bringing a personal injury claim. The key legal question in an accident case is who caused the collision, not whether one of the drivers held a valid license. In fact, our law firm has won seven-figure results for clients who were operating a vehicle without a license because the actual cause of their accidents was the at-fault drivers’ negligence.  Some people may say, “the person without a license should never have been operating a vehicle,” but the law looks more deeply at exactly how the accident happened, and puts liability on the party whose conduct was the “proximate cause” of the accident Licensure notwithstanding, defense attorneys could argue that the unlicensed driver contributed to the accident. If a court or jury finds that an injured person was partially responsible for causing the crash, compensation will be reduced under New York’s pure comparative negligence rule. That said, as mentioned above, simply lacking a license does not, by itself, establish fault. The outcome depends on the specific facts of how the accident occurred and whether licensing status played any role in causing it.

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Workplace Injuries and Undocumented Immigrants

Many undocumented injury cases arise from construction and other labor-intensive industries. In some situations, injured workers may bring third-party personal injury claims against property owners or contractors when safety violations contributed to the injury. These cases often involve multiple parties and overlapping insurance coverage, which makes them more procedurally complex than a standard accident claim.

What If the Injury Occurred While Working “Off the Books”?

Many undocumented workers are paid in cash or are not formally listed on payroll records. Without typical payroll records, establishing lost income may require alternative forms of evidence, including:

• Testimony about hours worked and pay rates
• Bank records or payment history
• Statements from coworkers or supervisors
• Prior tax filings, if available

Because documentation issues often affect how damages are calculated, these cases require careful preparation and supporting evidence. It is important to note that, even if proof of income is problematic, the undocumented person can still have a claim for their pain, suffering, and other damages.  We strongly believe that the wisest course of action is to have a free, no-obligation case review with our law firm so that you know what your options are for legal action.

What If an Employer Threatens Retaliation?

In some cases, injured workers fear that reporting unsafe conditions or filing a claim could result in termination or threats related to immigration status. New York law prohibits employers from retaliating against workers for asserting workplace safety rights. Labor Law § 215 protects employees who complain about unsafe conditions or pursue certain legal remedies. While personal injury claims against property owners or contractors are separate from employment status, threats or intimidation raise additional legal issues. Workers should not assume that immigration status gives an employer immunity from liability.

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Compassionate Representation for All New Yorkers

After an injury, concerns about immigration status and court procedures make an already difficult situation feel overwhelming. At Friedman & Simon, L.L.P., we represent injured New Yorkers from all backgrounds with personalized attention and respect. Our team combines compassionate client service with determined advocacy focused on protecting your rights to compensation. Clear communication matters, especially when legal issues feel overwhelming. Our multilingual staff speaks Spanish, Greek, Bengali, and Creole, allowing us to serve many members of New York’s diverse communities more effectively. If you have questions about your rights after an accident, contact Friedman & Simon, L.L.P. to discuss your options in a confidential consultation.

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