Filing a Personal Injury Claim and Immigration Status

Immigration issues are topics of frequent discussion in California, especially as there have been recent changes to immigration law and enforcement. One area of inquiry concerns whether or not a person who is a non-citizen can file a personal injury claim in state court. Under the Fourteenth Amendment, the term ‘person’ has been broadly interpreted to included citizens and non citizens alike.

Additionally, the California State Legislature has gone a step further in enacting Government Code Section 7285. Under this provision of California’s Government Code Section, “…all protections, rights, and remedies available under state law are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.”