Rights of Undocumented Immigrants In A Florida Car Accident

Author: Attorney Daniel Villalobos

Question:  If a victim of a car accident is not in the country legally, but gets into an automobile accident or slip and fall in Florida, can the victim still recover money for his or her injuries?

Answer:  This question comes up a lot. The short answer is Yes. There are many people in South Florida who are still in the process of resolving their immigration status. Even though they might still be designated as an illegal alien, that does not mean a victim of a car accident or slip and fall, or any other type of injury cannot recover compensation. Our firm has successfully represented people who were injured in an accident, who were not in the country legally. The question of legal status typically does not come up at all in the pre-suit aspect of a claim (without filing a lawsuit). If it did, your attorney would certainly object and instruct their client not to answer.

Most cases can settle out of court without the need to file a lawsuit. As such, victims of personal injuries who are in the country illegally can absolutely recover money. However, if a lawsuit is filed, the status of a person’s immigration could become a public record or could come out in questioning from a deposition or cross examination in a court room. As such it is not advised for clients who are not in the country legally to file an actual lawsuit. It is best for victims to try to settle their claims pre-suit so their immigration status would be kept private.

Call us for a free consultation. All communications regarding immigration status are confidential communications with your attorney so you can feel comfortable explaining the residency status to him or her at the time of the consultation.