Understanding the Rights of Non-US Citizens in Personal Injury Claims: Clearing up Misconceptions

On Behalf of | Jan 30, 2023 | Personal injury |

Misunderstandings about the rights of non-US citizens regarding personal injury claims are not uncommon. Many individuals believe that their citizenship status disqualifies them from seeking compensation for injuries they have sustained. However, this belief is not only incorrect but also dangerous as it can prevent non-US citizens from seeking the justice and compensation they are entitled to.

In California, immigration status is not admissible as evidence in personal injury cases. This is outlined in California Evidence Code §351.2, AB 2159, Rodriguez v. Kline and California Labor Code Section 1171.5(a). These laws make it clear that an individual’s immigration status cannot be used as a defense against a personal injury claim and cannot be used to deny an individual the right to seek compensation for their injuries.

California Evidence Code §351.2 states that evidence of a person’s immigration status is not admissible in any civil or criminal proceeding, including personal injury cases. This means that an individual’s immigration status cannot be used as evidence in court to deny them compensation for their injuries.

AB 2159, also known as the Immigrant Worker Protection Act, is another California law that protects non-US citizens from discrimination in the workplace. This law prohibits employers from threatening to report an employee’s immigration status to government authorities as a means of retaliation. This means that non-US citizens are protected from discrimination in the workplace and cannot be threatened with deportation for seeking compensation for their injuries.

In the case of Rodriguez v. Kline, the California Supreme Court held that an individual’s immigration status cannot be used as a defense against a personal injury claim. This means that an individual’s immigration status cannot be used to deny them compensation for their injuries.

California Labor Code Section 1171.5(a) is a law that protects workers from discrimination based on their citizenship status. This law prohibits employers from threatening to report an employee’s immigration status to government authorities as a means of retaliation. This means that non-US citizens are protected from discrimination in the workplace and cannot be threatened with deportation for seeking compensation for their injuries.

In conclusion, it is important to understand that non-US citizens have the same rights as US citizens when it comes to personal injury claims. Immigration status is not admissible as evidence in California and individuals are protected by laws such as California Evidence Code §351.2, AB 2159, Rodriguez v. Kline and California Labor Code Section 1171.5(a) that prohibit discrimination based on citizenship status. Non-US citizens should not be hesitant to seek compensation for their injuries and should not be denied justice due to their citizenship status.

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