Can Immigration Status Affect Your Personal Injury Claim in Florida?

As a human being, you have the right to live without being harmed by others. Personal injury claims exist to ensure that those who cause harm take responsibility. Your immigration status should not affect your ability to file a personal injury claim in Florida. But we also know that your situation is complex. Let us help you safely pursue compensation with respect to both your human rights and immigration status.

Can Immigration Status Affect Your Personal Injury Claim in Florida?

In Florida, both citizens and non-citizens have the right to file a personal injury claim, no matter their immigration status. Florida law generally prohibits the introduction of a plaintiff’s immigration status in negligence cases because it can unfairly prejudice the jury.

This rule aims to prevent the jury from focusing on the plaintiff’s immigration status rather than the merits of the case. There’s a narrow exception where immigration status can be considered, specifically relating to claims for lost future earnings, but this does not apply to claims for personal injuries or wrongful death. Therefore, your immigration status should not deter you from seeking justice or compensation for personal injuries in Florida.

A further explanation of your rights as an accident victim as an immigrant

Under settled Florida substantive law, the illegal alien status of a plaintiff in a negligence action is generally inadmissible because it is “unfairly prejudicial because it [makes the injured party’s] . . . illegal alien status the focus of the jury’s attention.” Maldonado v. Allstate Ins. Co., 789 So.2d 464, 469 (Fla. 2d DCA 2001).

In Maldonado, the Plaintiff, an undocumented alien from Mexico, was injured in a motor vehicle accident. After applying for PIP benefits, he was denied because the carrier claimed he was not a resident of Florida. Id. at 466. The insurer’s attorney during trial “made [the plaintiff’s] alien status the central feature of the trial.” Id. Defense counsel “cross-examined him extensively on his use of a fake social security number [and] his intention to work in Florida without appropriate work credentials . . .” Id. The purpose of the questioning was, ostensibly, to argue he was not a resident because it is impossible for a resident to be deported, something the plaintiff faced as an illegal alien. The court found the plaintiff’s illegal alien status was not probative of his intention to stay in Florida as a resident. Id. at 470. Rather, his illegal status “was employed [by the defendant] to prejudice the jury against him . . . and any limited probative value [the plaintiff’s] illegal alien status may have had was fairly outweighed by unfair prejudice, confusion of the issues and misleading the jury.” Id., citing Florida Rule of Evidence 403. See also O’Neil v. Gilbert, 625 So.2d 982 (Fla. 3rd DCA 1993) (prejudicial to use of illegal alien status to impeach witness for bias).

There is a very narrow exception to the general prohibition against introducing evidence of a plaintiff’s immigration status in a negligence action.

In Villasenor v. Martinez, 991 So.2d 433 (Fla. 5th DCA 2008), during a personal injury/negligence trial, the plaintiff filed a motion in limine to preclude evidence of her immigration status. Id. at 434. In upholding a lower court ruling, the 5th DCA found that the trial court’s ruling “allowing evidence of [the plaintiff’s] illegal immigration status on the limited issue of her claim for lost future earnings” was not error. Id. at 437 (emphasis added). The court found that her “status as an illegal alien is indeed relevant to her ability to obtain lawful employment in the United States . . . [and] her status is relevant to the calculation of the wage rate on which projected future earnings should be based …” Id.

Finally, absent express legislative intent, a Florida court cannot limit an undocumented alien’s recoverable wrongful death damages in a negligence action merely because of his status as an undocumented alien. See Enterprise Leasing Co. v. Sosa, 907 So.2d 1239 (Fla. 3rd DCA 2005). Sosa involved a wrongful death claim arising from the death of an undocumented alien in a motor vehicle accident. The appellate court upheld a ruling allowing the estate of the undocumented alien to recover loss of net accumulations, support and services under Florida’s Wrongful Death Act, which the defendant had tried to strike. Id. at 1242. The 3rd DCA found that the Wrongful Death Act contained detailed provisions but contained no prohibition against the estates of undocumented aliens claiming such damages. Id. at 1241. “In a state like Florida where such a large portion of our population is foreign-born, we can only assume the legislature saw no need to deprive the survivors of the decedent from the benefits of the Act, [which] . . . shift[s] the losses resulting from wrongful death from the survivors of the decedent to the wrongdoer.” Id. at 1242 (citing Florida Wrongful Death Act).

1. Based on Established Florida Law there is no Limitation to the Plaintiffs’ Recovery of Future Medical Care/Lifecare Expenses, Rendering theirImmigration Status Irrelevant and Undiscoverable

Given the significantly high risk of prejudice to a plaintiff-undocumented alien, a very narrow exception is carved out of Florida’s general rule prohibiting evidence of undocumented alien status. Maldonado, Villasenor, supra. This narrow exception only applies where the plaintiff-undocumented alien is claiming loss of future earnings. Villasenor, 991 So.2d at 434, 437 (only admissible on “limited issue of . . . future earning potential) (emphasis added). Mr. Hernandez and his wife are not making a claim for loss of future earnings (and by extension, for loss of support). See Operative Complaint. Thus, their immigration status is neither relevant nor discoverable under the law of the forum state.

Moreover, the Defendants cannot cite to any Florida State court case, or any court applying Florida substantive law, holding that a plaintiff’s undocumented alien status is in any manner relevant to his claim of future medical care/lifecare expenses necessitated by the fault of another.

In fact, no case or statute, from anywhere, limits a Florida plaintiff’s right to recover personal injury damages for future medical care/lifecare expenses by dint of alien status alone. Applicable Florida damages law in tort actions makes no such distinction, and in light of Sosa, neither should this Court. To do so would “allow the wrongdoer… to escape liability merely on the fortuitous legal status of the decedent.” Sosa, 907 So.2d at 1242.

The well-entrenched federal policy applied in diversity actions, the “outcome – determinative test,” has the sole purpose of ensuring that the outcome of a federal case based on diversity, where the federal court must apply the forum state’s substantive law, “[would] be substantially the same … as it would be if tried in a [Florida] State court.” Cohen, 184 F.3d at 1296.

In the case at bar, it is clear and unequivocal that a Florida court would find a plaintiff’s undocumented alien status relevant only in a personal injury claim where the plaintiff claims lost future earnings. Thus, if this matter were tried in a Florida court applying Florida substantive law, the Plaintiffs’ immigration status would not be deemed relevant. See discussion and cases, supra.

To hold that Mr. and Mrs. Hernandez’s immigration status is relevant, where no such claim for lost future earnings (or support) has been asserted, would be in direct contravention of Florida substantive law and therefore counter to the “outcome – determinative test.”

Guadalupe HERNANDEZ and Marlene Jeronimo, his wife, Plaintiffs, v. ALTEC ENVIRONMENTAL PRODUCTS, LLC, Altec Industries, Inc., and Asplundh Tree Expert Co., Defendants., 2013 WL 9674906 (S.D.Fla.)

In short – under governing Florida law today, a Plaintiff’s immigration status is irrelevant and not admissible in a claim for personal injuries, like a car accident, or a claim for wrongful death. Thus, prospective Plaintiff’s should not let their immigration status deter them from bringing a claim if they have one.

How Can a Car Accident Lawyer Help You Seek Compensation Without Immigration Concerns?

Roughly 4% of Florida’s population includes undocumented immigrants building a life in the Sunshine State. Many live with relatives who are legal residents and are working toward legal residence of their own. Being injured in a car accident shouldn’t put all your hard work in jeopardy. The fact of the matter is that Florida personal injury law is on your side. You can file a personal injury claim or lawsuit despite an incomplete immigration status.

Whether you are undocumented or living on an expired visa, no one has the right to hurt you without facing the consequences. This includes car accidents where the other driver is at fault.

Michael T. Gibson, P.A., Auto Justice Attorney, can help you seek justice no matter your immigration status or the status of your passengers. Call 407-422-4529 for a consultation or contact us online.

Undocumented Immigrants Have the Right to Injury Claims

It is never legal in the US to harm a person or cause their harm by negligence without consequences. Individuals and businesses must answer to the law and can be held liable (legally responsible) for the harm they cause. This includes harm caused to people with a non-legal residential status.

Just because you are not a citizen does not revoke your rights to safety, security, or compensation. In Florida, you have the right to file a personal injury claim or lawsuit to seek compensation when another party is responsible for causing you harm. You also have the right to file worker’s compensation if the injury ocurred during your work.

Immigration status does not impact your personal injury claim in Florida. 

Non-citizens who have the right to file personal injury claims include:

• People visiting Florida on vacation
• Visa-holding temporary residents
• Permanent residents who are citizens of another country
• Undocumented immigrants without a visa
• Residents who have given up their US citizenship to become citizens of another country.

Florida Personal Injury Claims Without the Risk of Deportation

One of the greatest fears of those living undocumented is that drawing attention will lead to deportation. You may worry that if you stand up for yourself with a personal injury claim, that your immigration status will be brought to light and deportation will be the ultimate result.

Rest assured, your lawyer can protect you and keep your immigration status from becoming part of the case. A personal injury case is about your human rights and the liable party’s legal obligation to take responsibility for causing harm. 

In general, civil courts where personal injury cases are reviewed are not concerned with your immigration status. Even if the person you sue threatens to accuse you of being a non-citizen (whether or not they know for sure) it is likely these accusations will be deemed irrelevant.

Drivers License, Insurance, and Personal Injury Claims

If you have been injured in a car accident, there is one matter that can complicate the issue. An undocumented immigrant, by definition, cannot have a legal driver’s license or secure car insurance. Florida is a “no fault” state, meaning usually each driver’s insurance pays for their own accident expenses. From there, a not-at-fault driver can sue the at-fault driver for the cost of injuries or repairs beyond your insurance coverage.

If you don’t have a license or insurance, you won’t be able to rely on the PIP (personal injury protection) coverage offered by all standard Florida car insurance. Therefore, you will need to sue the other driver for the full amount of your expenses. There is also always a certain amount of risk associated with driving without a license or insurance, as this can result in fines at the very least.

Undocumented Passengers Injured in a Car Accident

Were you a passenger injured in a car accident? While most personal injury car accident claims are discussed from driver to driver, it is possible for a passenger to sue the driver responsible for the accident to cover the cost of their injuries. Because undocumented immigrants cannot safely get a drivers license, passenger injuries among Florida’s undocumented population are common.

You do not have to ride along on the driver’s insurance claim or wait for them to file an additional personal injury lawsuit. As a passenger, you have the right to sue the at-fault driver for their recklessness or negligence and seek compensation. This also neatly side-steps the matter of having a driver’s license or personal auto insurance.

Access to Healthcare After the Accident

Another matter to consider is your access to healthcare. Filing a successful personal injury claim relies on doctors’ reports and medical proof of the injury, along with evidence of the injury’s severity and the time it will take to recover. That means visiting the doctor, building a care plan, and providing medical records as evidence.

Many undocumented workers do not have jobs that provide healthcare, or cannot secure health insurance without a social security number. To overcome this hurdle, you may need to seek medical treatment from a clinic or hospital that accepts walk-ins or provides care to underserved communities without requiring an insurance provider. Medical care without insurance is much more expensive, which increases your total financial damages after the accident just to initially treat your injuries and acquire the necessary medical reports.

You may be asked why your requested settlement includes uninsured medical costs. Fortunately, your lawyer can help you navigate these questions and keep the case focused on the most relevant details regarding your injury and expenses.

Loss of Income vs Proof of Employment

If you need to claim lost income due to injury recovery or disability, this requires proof of employment. You will also need records of the wages you have been earning to calculate your current and future loss due to missed work or reduced capacity to work after the injury.

If you have been being paid in cash and off the books, this can pose a challenge. However, there are several sources where those income records may be located. Bank records, check cashing records, money app records, or your employer’s payroll records may provide the necessary information. Employers are also uninclined to mention immigration status, as they are obligated not to knowingly hire or retain undocumented workers.

Legal Support When You Are Injured and Need Help

One of the reasons that car accident attorneys like Michael T. Gibson are so dedicated is that many clients are injured and unable to pursue a case on their own. In situations involving non-citizens, clients may face the added challenge of being unfamiliar with the US and Florida legal system and sometimes in need of a translator to navigate the English-speaking courts.

In these situations, your lawyer is there to go to fight for you. Whether you are still badly injured and recovering or worried about appearing in court on your own, there is someone who is always on your team, ready to counter legal attacks and defend your right to a settlement from the party responsible for your injuries.

Stand Up for Your Rights and Seek Personal Injury Compensation

No matter your immigration status, you have the right to file a personal injury claim in Florida. If you have been injured in a car accident as a driver or passenger, suing the responsible driver is your best route to covering medical bills, income lost from missed work, and taking care of your family. Michael T. Gibson, P.A., Auto Justice Attorney, is dedicated to helping car accident victims from all walks of life seek justice. No one has the right to recklessly injure you with a vehicle without taking responsibility.

Whether you are visiting or live in Florida without full documentation, you have the right to personal safety, compensation, and legal counsel to help you seek your complete and rightful settlement. To begin your personal injury claim, contact us at 407-422-4529 or through the online form and schedule your initial consultation.