Legal Guide for Personal Injury Claims for Undocumented California Residents

Maison Law works with people all across California who’ve been injured in accidents. If you’re an undocumented immigrant, you’re already used to going through a system that wasn’t built with you in mind. And when you get hurt, everything can feel even harder. Our job is to make things simpler. We’ll explain your options and what the path ahead looks like as it relates to your injuries. To get started with a free consultation, reach out today.

Do You Need a Lawyer After an Accident in California?

When you’re injured in an accident, your immigration status doesn’t change what your legal options are. The law protects everyone who gets hurt because of someone else’s carelessness—regardless of their citizenship status.

But with that said, whether or not you need a lawyer comes down to how serious the accident was. If you had a minor bump or scrape and you’re feeling fine, you might not need legal help at all. But if your injuries are more serious, your medical bills are piling up, or insurance isn’t treating you fairly, that’s when a lawyer can make a big difference.

Here’s how our team can help:

• Talk to insurance companies so you don’t have to
• Track down evidence and figure out what really happened
• Keep your medical records organized
• Coordinate with doctors and clinics
• Bring in experts when needed
• Try to reduce what you owe in medical bills
• Negotiate with adjusters or lawyers on the other side
• Handle the legal process from start to finish
• Go to court if needed
  
  

We work on contingency, which means you don’t pay us anything upfront–we take our fee from whatever result we help you get. And we’re always up front about what to expect and what’s ahead.

What Types of Accidents Lead to Injury Claims in California?

The first thing you need to know if you’re undocumented is that it doesn’t change your legal rights if you’re hurt in an accident. While that’s comforting, the reality is that a lot of different things can leave you hurt, each with its own challenges. Most of the time, though, you can expect to be injured in some of the more common kinds of accidents we see across California:

• Car accidents on highways like I-5, 101, or surface streets in places like Fresno or East L.A.
• Motorcycle accidents, often involving unsafe lane changes or distracted drivers
• Bus accidents, especially on public transit routes in big cities like San Francisco and Sacramento
• Bicycle accidents in areas with limited bike lanes or aggressive drivers
• Slip-and-falls in stores, apartments, or job sites where property owners failed to fix hazards
• Dog bites, especially when a dog owner doesn’t properly restrain their animal
• Workplace injuries, including those in farming, factories, construction, or domestic work
• Accidents caused by unsafe products or dangerous property conditions
• Nursing home neglect or abuse, often involving elderly undocumented workers or family members
  
  

Every situation is different, but if you were walking, riding, driving, or working, the effects of an injury can be long-lasting—physically, financially, and emotionally.  If you’re undocumented, it’s normal to worry about speaking up or getting medical help—but your injury still matters.

What Kinds of Information Do I Need If I’m Undocumented and Hurt in an Accident?

When you’re undocumented, the main challenge that comes from an accident in California isn’t necessarily your injuries–but rather giving out too much of your information. It’s not hard to understand why: being undocumented–particularly in today’s political climate–puts a target on your back. But to protect your health and your claim, it helps to gather a few key pieces of information after the accident. You don’t need everything right away—but the more you can hold onto, the easier it will be for our lawyers to help you later:

• Basic details – First and foremost, you’re going to want to get the basic details about the accident like:
  
  
  • Date, time, and location of the incident
  • What happened, in your own words
  • Names and contact information for any witnesses
  • Photos or video of the scene, injuries, damage, or anything unsafe
  • Police or incident report, if one was filed (even if your name isn’t on it)
    
    

• Medical records – Your injuries and medical records are going to be key to linking what happened to what resulted, so keep track of your:
  
  
  • Doctor or hospital visits (ER, urgent care, clinics, etc.)
  • Diagnosis and treatment plans
  • Prescriptions or follow-up instructions
  • Bills or receipts from any out-of-pocket payments

    If you were afraid to go to the hospital, try to keep track of your symptoms or talk to our lawyers who can help you find care safely.
    
    

• Work records – If the accident happened at work, gather as many details as you can about:
  
  
  • Where you work and what kind of job you do
  • If the injury has hurt your ability to work or caused you to miss time
  • Any texts, timesheets, or proof of lost wages (even informal)
    
    

• Insurance documents and communications – If someone else’s insurance company contacts you, you don’t have to talk to them. In fact, it’s better to wait until you speak with us first. However, if you do talk to them, just stick to the facts and don’t admit fault. From there, you’ll want to keep:
  
  
  • Any letters, texts, emails or voicemails related to the accident
    
    

Do I Need a Social Security Number or ID To File an Injury Claim?

No, you don’t need a Social Security number or government-issued ID to talk to a lawyer or file an injury claim in California. It doesn’t matter what your immigration status is—if someone hurt you, you still have the right to get medical care and legal help.

If you’re worried about what’s safe to share or afraid of drawing attention to your status, you’re not alone—and you don’t have to figure it out on your own.

What’s the Process for Filing an Injury Claim in California?

If you’re undocumented and injured in California, the claims process might feel confusing or even intimidating. But here’s the truth: most injury claims—regardless of your immigration status—follow the same general path. There are two main ways to file an injury claim:

• Through insurance
• Through a lawsuit
  
  

Every situation is different, and you might never need to step foot in a courtroom. A lot of injury claims settle out of court—but it helps to understand what both options look like.

• Filing an insurance claim – In most cases, the process starts by filing a claim with the at-fault party’s insurance company. This could be the other driver’s car insurance, a property owner’s liability policy, or even a business or government agency.
  
  
  • The insurance company will investigate what happened and usually offer a settlement. Sometimes it’s fair. But often, especially if they know you’re undocumented or uninsured, that first offer is far too low.
    
    
  • Working with a lawyer can keep things moving and help you avoid getting taken advantage of. Settling out of court can be faster and less stressful—but only if the offer actually covers your losses.
    
    

• Filing a lawsuit – If the insurance company won’t offer a fair settlement, you might need to file a lawsuit. This doesn’t mean you’re definitely going to trial—many lawsuits still settle before reaching court. But it does mean you’re taking the case more seriously and putting legal pressure on the other side.
  
  

While you focus on getting better, our team handles the paperwork, talks to the other side, and builds your case. If needed, we’ll be ready to take it all the way to trial—but only if that’s what’s best for you.

What Damages Can I Get in My Injury Claim?

When you file an injury claim, you’re asking for financial support to help you get back on your feet. In legal terms, this is called “damages.” It’s about making sure you’re not left paying for someone else’s mistake. Depending on your situation, you might be able to recover money for:

• Medical expenses, both current and future
• Lost income from missed work or a loss of earning potential if you can’t work anymore
• Repair/replacement costs for your property, like car damage, torn clothing, broken phones or glasses.
• Pain and suffering
• Emotional distress
• Reduced quality of life or companionship
• Wrongful death expenses in fatal accidents
  
  

Ultimately, what you can get is going to come down to a few key factors:

• How badly you were hurt
• How clearly the other party was at fault
• How well your losses are documented and shown
  
  

That’s where having a trusted legal team makes a real difference. And don’t wait too long—California’s deadline to file a claim is two years from the date of your injury. After that, you could lose your right to recover anything.

Who’s Responsible for Paying Your Damages?

Even as an undocumented immigrant, a lot of the claims process is in your control. But one thing that’s not in your control is what someone else does. But it’s incredibly important in terms of how your claim plays out. This is because what someone does or doesn’t do that causes the accident–legally known as negligence–is what determines who has to pay for your damages.

In legal terms, this is known as liability, and to prove it, you have to show:

• Duty of care – The other party had a responsibility to act safely (for example, a driver should drive carefully; a store owner should keep floors dry)
  
  
• Breach of duty – They didn’t meet that responsibility (they sped, left a hazard, ignored safety rules)
  
  
• Causation – Their actions directly caused your injury
  
  
• Damages – You were actually hurt and can prove it through medical records, bills, or other evidence
  
  

Once that’s clear, your claim will be filed against the person or business that caused the accident. That might be:

• Another driver
• A property owner or landlord
• A business or product manufacturer
• Your employer, if you were being forced to work in unsafe conditions
• A local or state agency (like if you were hurt on public property)
  
  

We can help you figure out who’s responsible—and make sure you’re not left holding the bill for someone else’s mistake. Our team will protect your claim–and you and your family’s right to take legal action.

Maison Law Can Help If You’re Hurt in California–Even If You’re Undocumented

At Maison Law, we’ve stood beside undocumented Californians who’ve been hurt in all kinds of accidents—on the job, in traffic, in someone else’s building, or just walking down the street. We know how overwhelming it can feel, especially when you’re worried about immigration status, medical bills, or missed work. Our job is to take that stress away. We’ll explain your rights clearly, guide you through every step of the claim, and handle the hard conversations—so you can focus on getting better.

If you’ve been injured anywhere in California, you don’t have to go through this alone. Set up your free, private consultation today.