Most people would prefer to go through their entire lives without having to file a personal injury claim; nonetheless, the California Court Statistics Report indicates that more than 65,000 civil cases involve personal injury situations each year, and many of them are brought to court by undocumented migrants. This was not always the case; from 1986 to 2017, foreigners without legal status in California mostly refrained from filing claims for injuries that resulted from accidents, negligence, unsafe workplace conditions, police brutality, and other situations. The avoidance was based on an incorrect assumption about civil procedure, which was ultimately cleared up and rectified through various legislative and rule-making efforts.
Before describing what caused undocumented migrants to avoid filing personal injury claims in California for more than three decades, it is important to understand that they have the same legal rights as other plaintiffs. In other words, the immigration status of someone who wishes to file a personal injury lawsuit in California is not relevant to the civil procedure; moreover, plaintiffs should not be afraid of getting deported for going to court.
The Rodriguez v. Kline Appellate Decision
Legally speaking, undocumented migrants have never been barred from entering personal injury claims in California courts. If there was a statute, administrative rule, or civil procedure provision to this effect, it would violate the Equal Protection and Due Process clause of the Fourteenth Amendment to the United States Constitution. There’s also the general interpretation of the amendment as it applies to privileges and immunities, which should be the same for all residents of the Golden State, including foreigners.
The reason undocumented migrants felt discouraged to file personal injury claims is inside Rodriguez v. Kline (1986) 186 Cal. App. 3d 1146. In the appellate opinion, the plaintiff was a Mexican citizen injured in a road traffic accident. A jury awarded Rodriguez $99,000 as compensation, but the respondent appealed with the argument that the amount should have been determined based on his future earnings in Mexico.
Nothing in the opinion suggested that Rodriguez did not have a right to seek compensation for the injuries he suffered; that would have been unconstitutional. The judges did not question the evidence showing Kline was at fault; he surely deserved the burden of compensation. The analysis of the case, however, was centered on the undocumented status of the plaintiff, who was working without a green card or a permit. Writing for the court, Judge Donald Gates mentions that Rodriguez should be deported in about half of the paragraphs of the opinion, which reflects the conservative sentiment of the California judiciary in the mid-1980s.
Current Laws and Rules in California Personal Injury Cases
Although the Rodriguez opinion did not preclude immigrants from filing personal injury claims, the language thereof was alarming and discouraging. Many undocumented migrants believed they would be deported if they showed up for court hearings. Many others were afraid to report accidents or file workers’ compensation claims. That started to change in 2013 with the passing of Assembly Bill 60, which amended many sections of the California Vehicle Code so that undocumented migrants could get driver’s licenses and auto insurance.
In 2017, the California Civil Code was amended to clarify that the immigration status of personal injury plaintiffs is not material to lawsuits. Attorneys are not allowed to pursue discovery to this effect. Other amendments prohibited the detention or prosecution of undocumented migrants who file personal injury claims. These amendments effectively set aside the Rodriguez decision as a legal precedent, so plaintiffs do not have to worry about compensation being calculated based on future wages in other countries.