Yes. Undocumented immigrants in Florida have the same right as anyone else to file a personal injury claim. Under the Fourteenth Amendment to the U.S. Constitution, every person on American soil has the right to access the civil court system — regardless of immigration status. Florida courts have consistently upheld this right.

Filing a personal injury lawsuit is a civil matter, completely separate from immigration enforcement. Your attorney has no obligation to report your status to any government agency. The same compensation available to any injury victim — medical expenses, lost wages, pain and suffering — is available to you.

Many people in Lake Worth, Boca Raton, and Boynton Beach delay calling because of this fear. The two-year deadline applies to everyone.

Will My Immigration Status Affect My Personal Injury Case?

In most cases, no. Florida courts focus on who was negligent and what injuries resulted — your citizenship or visa status is irrelevant to both. Defense attorneys sometimes try to raise immigration status to influence a jury. An experienced lawyer anticipates this and knows how to block it before it reaches trial.

The one area where status can become relevant is lost wages — specifically whether you were authorized to work. There are legal strategies for this situation. Everything you share with your attorney is protected by attorney-client privilege. Warner & Fitzmartin serves immigrant clients across Palm Beach and Broward County with complete discretion.

Will the Lawyer or the Court Report My Immigration Status?

No. Your personal injury attorney has no legal obligation to report your immigration status to any government agency — federal or state. Everything you discuss is protected by attorney-client privilege. Filing a civil lawsuit does not trigger any immigration enforcement action, and the two systems don’t share information with each other.

What Should I Do After an Accident If I’m Undocumented?

The steps to protect your health and your claim are the same for everyone, regardless of immigration status:

  • Call 911 if you’re able to. Getting medical attention is the priority — routine accident response is focused on documenting the crash, not on immigration enforcement.
  • Get checked out by a doctor, even if you feel okay at first. Some injuries — especially internal ones — don’t show symptoms right away, and a documented medical visit close to the date of the accident also strengthens your claim.
  • Take photos and videos of the scene, vehicles, and any visible injuries if you’re physically able to.
  • Be careful about discussing fault at the scene, whether with the other driver, bystanders, or the responding officer. Anything you volunteer beyond what’s needed to complete the crash report can potentially be used later. Florida law does give some protection to statements required to complete the official crash report — that report itself generally cannot be used as evidence of fault in a civil trial (Fla. Stat. § 316.066) — but that protection is narrower than people assume, so it’s still best to stick to the facts and save the details for your attorney.
  • Contact an attorney as soon as possible. The sooner your case is documented, the stronger it is — and your attorney can communicate with insurance companies on your behalf so you don’t have to.

Do I Need a Social Security Number to Hire a Personal Injury Attorney?

No. You do not need a Social Security number to hire an attorney or to pursue a personal injury claim in Florida’s civil court system. Retainer agreements and lawsuits don’t require proof of a Social Security number. If your case settles, an Individual Taxpayer Identification Number (ITIN) can be used where tax reporting is relevant, but it is not a requirement to bring or pursue your claim.

Will Going to the Hospital or Filing a Police Report Put Me at Risk?

Filing a police report after a crash is a routine part of documenting fault and building your claim. Officers responding to a crash are focused on investigating what happened, not on conducting immigration enforcement, though it’s still wise to keep your statements to the facts needed for the report, as described above.

As for hospitals: under Florida Senate Bill 1718 (effective July 2023), hospitals that accept Medicaid are required to ask patients on intake forms whether they are U.S. citizens or lawfully present. By law, these forms must state that your answer does not affect the care you receive and will not be reported to immigration authorities, and you are permitted to decline to answer the question. Seeking emergency medical care after an accident remains one of the most important steps you can take, both for your health and for your claim.

Can My Family Receive Compensation If Our Loved One Was Killed in an Accident and They Were Undocumented?

Yes. Florida’s Wrongful Death Act (Fla. Stat. § 768.19 et seq.) does not restrict recovery based on immigration status. Surviving family members — a spouse, children, or parents — can pursue compensation for lost financial support, funeral expenses, and loss of companionship. Being undocumented doesn’t bar the claim, though it may affect how lost future earnings are calculated. An attorney experienced with these cases knows how to build and document that portion of the claim.

How Do I Prove Lost Wages If I Was Paid in Cash?

Getting paid in cash does not disqualify you from recovering lost wages — it means you build the proof differently. Bank records showing consistent deposits before the accident, employer or client letters confirming your pay and hours, coworker testimony, and text message exchanges about work and pay can all establish what you earned. The sooner your attorney starts documenting your income, the stronger the claim — employers change, records disappear, and memories fade.

Is My Personal Injury Settlement Taxable?

Generally, no. Under federal tax law (IRC § 104(a)(2)), compensation you receive for a physical injury or physical sickness — including medical expenses, lost wages tied to that injury, and pain and suffering — is excluded from taxable income. This rule applies the same way regardless of immigration status. Certain portions of a settlement, such as punitive damages or interest, can be taxable, so it’s worth discussing the specifics of your settlement with a tax professional. This is general information, not tax advice.

Every case is different, but if you were hurt in an accident and immigration status is the reason you haven’t called a lawyer yet, that shouldn’t be what holds you back. Call Warner & Fitzmartin Abogados de Lesiones Personales for a confidential conversation about your situation and what documentation we can help you build.

Warner & Fitzmartin handles personal injury claims — this page speaks only to your rights and options in a personal injury case. It is not immigration legal advice, and it doesn’t address questions about your immigration status, case, or proceedings. For those questions, please consult a licensed immigration attorney.