Yes. Being undocumented does not, by itself, prevent you from bringing a personal injury claim in California. Evidence Code section 351.2 bars evidence of a person’s immigration status and discovery into that status in a civil personal injury or wrongful death action. Your claim still needs evidence of responsibility, the injury and the losses being claimed. Immigration status is a separate question from whether the facts support compensation.
Discuss concerns privately with your lawyer and show them any request for immigration information connected with the claim. Keep accurate treatment, incident and income records, and do not alter documents or guess at information you do not know. The protection within an injury case does not grant immigration status or guarantee protection from federal immigration enforcement; separate immigration advice may be needed for those concerns. Ghassemi Law Group’s personal injury page outlines the types of injury matters it handles.
