Can I file a personal injury claim if I am not a US citizen?

Yes. You can still file a personal injury claim in California if:

• You are visiting the United States but are not a legal US resident or citizen
• You are an illegal immigrant or illegal “alien” living in the US
• You were injured as a result of someone else’s negligence

California courts have held that the immigration status of a plaintiff is should be irrelevant in a personal injury case. The only time the citizenship status is considered is if the plaintiff is trying to submit a “loss of wages or earnings” claim. Then the defendant can argue that there can be no claim for loss of wages or earnings, since the plaintiff was not allowed to be legally working and paid in the US.