Can I File a Personal Injury Claim If I'm Undocumented in South Carolina?

Your immigration status doesn’t stop you from filing a personal injury claim in South Carolina. We understand that people tend to hold back because of a fear of deportation, fear of the police being called to the crash scene, or of an adjuster asking for your Social Security number.

You shouldn’t have to choose between getting the medical care you need and staying out of sight. Armada Law Injury Attorneys has a bilingual team that can walk you through your options in English or Spanish. If you were hurt because of someone else’s actions, we are here to guide you through this process.

Why Your Immigration Status Doesn't Decide Your Personal Injury Claim

The Fourteenth Amendment and the equal protection clause in the South Carolina Constitution both protect “any person,” not only citizens. That means even if you’re undocumented, the courts are open to you.

A claim filed by someone without legal status works the same way any other personal injury claim does. If you can show that the other person’s negligence caused your injuries, you may have a case. Whether you were hurt in a car accident, a truck accident, a motorcycle crash, a fall on someone's property, a dog bite, or on a job site, your legal status does not determine whether you can file a claim.

Will Filing a Claim Get Me into Trouble with Immigration?

Most injury claims are filed with an insurance company, not a government agency or the police. No South Carolina or federal law requires an insurance company or adjuster to report anyone’s immigration status. An insurance adjuster should not ask questions regarding your legal status.

Our personal injury attorneys are here to help you move forward after an accident. Most personal injury cases settle outside of court, and we’re here to advocate for you, every step of the way. However, it is important to know that if your claim isn’t resolved through settlement negotiations and you decide to file a lawsuit, the court file becomes a public record.

"Your legal status does not determine your right to file a claim. Do not allow this to be the reason you do not get the compensation you deserve." Isabella Martinez-Bond, Personal Injury Attorney

What If the Adjuster Asks for a Social Security Number?

You don’t need a Social Security number to make an injury claim, and you don’t have to give one to an adjuster who asks for one. You can say you’d rather have your lawyer handle the paperwork and end the call there. Never provide a false social security number or someone else’s social security card. Be honest with your lawyer about your status and let them handle the insurance calls.

What Will Happen If I Have To File a Lawsuit?

If your case does not settle after you complete treatment, a lawsuit may be filed. This does not necessarily mean that you will have to go to court. Both sides will gather evidence before any trial date. Questions about your identity or work history can be asked by the other side’s attorney. We’ll prepare you for those questions, object to questions that are not relevant, and can ask the judge for an order that keeps your status out of the case. Whether to settle or keep going to trial is your call.

Can I Get Paid for the Work I Missed?

In South Carolina, you can claim money for your medical bills, future medical treatment, lost wages and pain and suffering regardless of your legal status.

If you aren’t paid as a W-2 employee or 1099 contractor, you can still prove lost wages through work schedules, texts from your boss, an employer who can say what you earned, bank deposits, or tax returns filed with an ITIN. Claiming lost wages opens the door to questions about your work history and status. The decision whether to pursue lost wages can be made with the guidance of our attorneys.

Hurt at Work? South Carolina Covers Undocumented Workers

South Carolina's workers' compensation law defines “employee” to include “aliens and also including minors, whether lawfully or unlawfully employed.”

If you were hurt on the job, coverage doesn't depend on your legal status. In 2007, the South Carolina Supreme Court confirmed this in Curiel v. Environmental Management Services, a ruling that federal immigration law doesn't block an undocumented worker's benefits.

Workers' comp pays medical care and part of your lost wages without anyone having to prove fault. Walk our team through what happened, and we can explain your legal options before filing a claim with your employer. It all depends on who caused the injury and the circumstances behind the accident.

Getting Medical Care When You Have No Insurance or Papers

Under a federal law called EMTALA, any hospital that takes Medicare and has an emergency department must give anyone who comes in a medical screening exam. If you have an emergency condition, the hospital has to treat you until you're stable or transfer you to a hospital that can. That doesn't depend on insurance, money, or papers.

Injuries like concussions and back injuries can get worse without treatment, and the insurance company often treats a delay before your first doctor visit as a sign that you weren't hurt.

"Our goal is to ensure that every person, regardless of status, feels supported, understands their rights, and receive the medical care and compensation they deserve without fear or judgment." Isabella Martinez-Bond, Personal Injury Attorney

What Happens to the Settlement Money?

Your legal status won’t affect your ability to receive your settlement money. Money you receive for physical injuries is generally not taxable under federal law. Interest and money meant to punish the other side (known as “punitive damages”) can be taxed differently.

Talk to Armada Law Injury Attorneys in English or Spanish

If you were hurt because someone else was negligent, fear shouldn't be the reason you don’t get the medical treatment you need or compensation you deserve. You don't have to figure this out alone. Your first conversation with our team is private, and it can happen in the language you’re most comfortable with. Tell us your story and we'll tell you exactly where you stand. There's no fee unless money is recovered for you. Call 833-332-3128 or reach out through our contact page.