Immigration status doesn't end your accident case. Here's what changes, and what stays the same, if you're removed from the country while a claim is pending.
The Most Important Thing to Know Upfront
Under California law, immigration status is generally not admissible in a personal injury case. You can recover the same categories of damages, medical bills, lost wages, pain and suffering, whether you are a citizen, a green card holder, on a visa, or undocumented. The California Supreme Court has been clear on this for decades, and recent legislation has reinforced it.
What does change when ICE removes a client during a pending case is the practical side: how we collect evidence, how the client testifies, how we calculate lost wages going forward, and how we keep the case moving when the client is no longer in the country.
Step One: Do Not Let the Case Lapse
The biggest risk in this scenario is administrative, a missed deadline, a missed deposition, a default judgment. If you or a family member is in immigration detention or facing removal while a personal injury case is ongoing, get word to your attorney immediately. There are procedural protections we can ask the court for, including continuances and protective orders, but only if we know what's happening.
Step Two: Lock in the Medical Evidence
If treatment is ongoing in California and the client is removed, future treatment becomes complicated. We work to:
- Complete as much California-based diagnostic work as possible before removal
- Obtain detailed treating-physician reports while the relationship is fresh
- Document the cost of equivalent care in the country of removal (this is recoverable too)
- Use video depositions for any testimony that needs to be preserved
Step Three: Lost Wages Don't Disappear
Lost wages and lost earning capacity remain recoverable. California courts have held that even where a worker is removed, the wages they would have earned at California rates, for the period they were able to work here, remain part of the claim. Future earning capacity is more nuanced, but it is not zero.
Step Four: Take Depositions Early
If removal looks likely, we typically move to take the client's deposition early, on the record, with full preparation. That preserves the client's testimony even if they aren't physically present at trial. In many cases, this is enough to keep the case on track all the way through settlement or verdict.
Step Five: Don't Sign Anything
Insurance companies sometimes use immigration status as a pressure tactic, implying that the client should accept a low offer because they "won't be here anyway." This is not the law, and it is not a reason to settle a serious case cheaply. Talk to your lawyer before signing anything, accepting anything, or agreeing to anything.
Bottom Line
An auto accident case is not over because of an immigration enforcement action. The case continues. Your rights continue. But the strategy needs to adjust, and it needs to adjust early. If you or someone you love is in this situation, contact us right away.
Have a similar situation? Talk to a real attorney. Free, confidential, in English, Español, or Հայերեն. Call (747) 777-5977 or send a message.