Can undocumented immigrants sue for personal injury in Illinois?

Personal Injury - March 3, 2025

Yes, undocumented immigrants in Illinois have the legal right to sue for personal injury if they are injured due to someone else’s negligence. Illinois law recognizes that all individuals, regardless of immigration status, should have access to the legal system when they have been harmed.

Under Illinois tort law, anyone injured due to another person’s negligence—whether in a car accident, workplace accident, slip and fall, or medical malpractice case—can file a claim to recover damages. Courts do not consider immigration status when determining whether an injury victim has the right to sue.

Keep reading for more from our Chicago personal injury attorneys, then call (800) 985-1819 to speak with a member of our team.

Legal protections for undocumented immigrants in personal injury cases

1. Immigration status cannot be used against you

Defendants in a personal injury lawsuit cannot use your immigration status against you to deny or reduce compensation. Courts have ruled that bringing up immigration status is irrelevant to proving liability or damages.

2. Right to compensation for injuries

Undocumented immigrants can recover the same damages as U.S. citizens or legal residents, including:

• Medical expenses (hospital bills, surgeries, physical therapy)
• Lost wages (even if paid in cash or without formal documentation)
• Pain and suffering
• Future medical care and lost earning capacity

3. Protection from retaliation

Employers or other parties cannot legally threaten or retaliate against an undocumented immigrant for filing a personal injury claim. Retaliation, such as reporting an injury victim to immigration authorities, is illegal and could result in additional legal consequences for the employer or responsible party.

Types of personal injury claims undocumented immigrants can file

Undocumented immigrants in Illinois can sue for personal injuries in cases such as:

1. Car accidents

If you are injured in a car accident caused by another driver’s negligence, you have the right to file a claim, even if you are undocumented. Illinois follows an at-fault system, meaning the responsible driver (or their insurance company) must compensate the injured party.

2. Workplace accidents

Undocumented workers are often employed in construction, agriculture, or factory work, where workplace injuries are common. Under the Illinois Workers’ Compensation Act, undocumented workers are entitled to workers’ compensation benefits if they are injured on the job.

3. Slip-and-fall accidents

If you suffer an injury due to unsafe conditions on someone else’s property, such as a wet floor, broken stairs, or inadequate lighting, you may have grounds for a premises liability claim.

4. Medical malpractice

Undocumented immigrants who experience medical negligence—such as surgical errors, misdiagnoses, or improper treatment—have the right to sue medical professionals for damages.

5. Wrongful death

If an undocumented immigrant dies due to negligence or wrongful actions, their surviving family members may file a wrongful death claim to recover compensation for their loss.

Challenges undocumented immigrants may face in personal injury claims

While undocumented immigrants have the right to file a personal injury lawsuit, they may face unique challenges, including:

• Fear of deportation – Many undocumented individuals fear that filing a lawsuit could expose them to immigration enforcement. However, personal injury lawsuits do not involve immigration authorities, and an attorney can ensure your legal rights remain protected.
• Difficulty proving lost wages – If an undocumented worker is paid in cash or off the books, it can be challenging to prove lost wages. However, pay stubs, bank deposits, employer testimony, and coworker statements can help establish past income.
• Language barriers – Navigating the legal system can be difficult for non-English speakers. At Horwitz, Horwitz & Associates, we provide bilingual legal services to ensure our clients fully understand their rights and case progress.

Steps to take if you’re an undocumented immigrant injured in Illinois

If you’ve been injured, take these steps to protect your rights and improve your chances of a successful claim:

1. Seek Medical Attention – Prioritize your health and keep all medical records.
2. Document the Accident – Take photos, gather witness statements, and keep any evidence related to the injury.
3. Do Not Discuss immigration Status – Your immigration status is irrelevant to your injury claim.
4. Consult an Experienced Personal injury Attorney – A lawyer can protect your rights, handle negotiations, and fight for fair compensation.

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we believe everyone deserves justice, regardless of immigration status. Our experienced personal injury lawyers will:

• Investigate your claim and gather evidence to prove negligence.
• Ensure your immigration status is never used against you in court.
• Negotiate with insurance companies to secure full and fair compensation.
• Fight for your rights in court if necessary.

You do not need a Social Security number or legal status to file a personal injury claim. Our team will guide you every step of the way and ensure your rights are protected.

At Horwitz, Horwitz & Associates, we are committed to fighting for injured individuals, regardless of immigration status. Call us today at (800) 985-1819 for a free, confidential consultation. Let us help you recover the compensation you deserve without fear or intimidation.