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Is Immigration Status Admissible in a Personal Injury Case?

Is Immigration Status Admissible in a Personal Injury Case?

From time to time, I’m asked whether a plaintiff’s immigration status is admissible in a personal injury case in California.

As the law stands currently, a plaintiff’s immigration status is admissible. But that will soon change, thanks to AB2159.

AB2159, which takes effect in February 2017, states that in a personal injury matter, evidence of an individual’s immigration status is not admissible.

AB2159 will overturn decades of precedent in California, based on the case Rodriguez v. Kline.  The Court of Appeal in that case determined that an immigrant plaintiff’s loss of earnings claims had to be calculated based on the prevailing wage in the plaintiff’s native country, and not the earnings he or she earned in California.

We’ll continue to monitor this changing area of law, which will help many more plaintiff’s recover the compensation they deserve here in the Golden State.

For questions about your Los Angeles car accident case, the Rabbi Lawyer is ready to assist, 24/6!