Undocumented Immigrants Injured in Accidents in Florida – Can They Sue?
When undocumented immigrants are injured in accidents in Florida, one common question arises: Can they sue for compensation? The short answer is yes—immigration status does not prevent you from seeking justice and financial recovery if you’ve been harmed due to someone else’s negligence.
In this article, we’ll explain your legal rights, how Florida law applies, and what undocumented accident victims should know before filing a personal injury claim.
Do Undocumented Immigrants Have the Right to File a Personal Injury Lawsuit in Florida?
Yes. Florida law allows any injured person to file a personal injury claim, regardless of their immigration status. Courts across the U.S., including in Florida, have consistently ruled that everyone—documented or not—has the right to access the civil justice system.
If you’ve been injured in a car accident, slip and fall, workplace incident, or any other negligence-related event, you have the legal right to sue for damages such as:
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Medical expenses
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Lost wages
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Pain and suffering
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Property damage
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Future loss of income
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Emotional distress
Will My Immigration Status Affect My Personal Injury Case?
While your immigration status is not relevant to the cause of the accident or your right to sue, it can sometimes become an issue during the legal process. Some insurance companies or defense attorneys may attempt to intimidate or discourage undocumented plaintiffs. This is why it’s critical to hire a personal injury attorney who is experienced in handling such sensitive cases and who will protect your rights at every step.
In most cases, courts will not allow your immigration status to be used against you to deny compensation—especially if it’s not relevant to the claim. Your attorney can file motions to exclude immigration-related questions or disclosures during discovery or trial.
Common Types of Accidents Involving Undocumented Immigrants
Just like other residents in Florida, undocumented immigrants may be injured in many types of accidents:
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Car accidents
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Pedestrian or bicycle accidents
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Workplace injuries (even if paid under the table)
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Slip and fall incidents
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Construction accidents
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Medical malpractice
Even if you were working off the books or driving without a license, you may still have a valid claim. The key factor in a personal injury case is proving that another party was negligent and caused your injury.
What Should You Do If You’re Undocumented and Injured in Florida?
If you’re an undocumented immigrant injured in an accident, here are a few steps to take to protect your case:
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Seek Medical Help Immediately – Your health comes first. Go to a doctor or emergency room as soon as possible.
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Document the Incident – Take photos, gather witness information, and collect any police or accident reports.
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Avoid Discussing Your Immigration Status – There’s no legal requirement to disclose this when reporting the accident or seeking treatment.
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Contact a Personal Injury Attorney Right Away – Look for an attorney who is experienced, compassionate, and knows how to handle cases involving undocumented clients.
Can You Be Deported for Filing a Lawsuit?
One of the biggest fears undocumented immigrants have is whether suing someone could lead to deportation. Fortunately, personal injury lawsuits are handled in civil—not immigration—court, and filing a claim does not trigger an automatic review of your status by immigration authorities.
Also, personal injury attorneys in Florida are bound by confidentiality rules, meaning your immigration status will not be disclosed.
What Kind of Compensation Can Undocumented Victims Receive?
If your case is successful, you may be entitled to the same compensation as any U.S. citizen or lawful resident. This includes:
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Emergency and ongoing medical treatment
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Lost income or reduced earning capacity
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Pain and suffering
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Future medical expenses
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Mental and emotional trauma
Your immigration status does not reduce the value of your pain, injuries, or medical bills. Florida’s personal injury laws are based on fault, not residency or citizenship.
Why You Need an Attorney Who Understands Your Situation
Choosing the right lawyer is critical—especially when your immigration status could potentially be used against you. An experienced personal injury attorney who understands the challenges undocumented immigrants face will:
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Fight to keep your immigration status out of court
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Handle all communication with insurance companies
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Help you get medical treatment even if you don’t have insurance
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Ensure you’re treated fairly throughout the legal process
Talk to Mark Schiffrin P.A. About Your Personal Injury Rights
If you are an undocumented immigrant who has been injured in South Florida, I understand the unique fears and challenges you may be facing. Since 1983, I have been helping injured individuals—regardless of background or immigration status—fight for the compensation they deserve.
You deserve to be heard. You deserve justice.
Contact Mark Schiffrin P.A. today for a confidential consultation. I’ll personally review your case and explain your legal options—without judgment and with the respect you deserve.
