Accident Immigration law Personal injury

Can Illegal Immigrants Sue for a DWI-Related Personal Injury?

A personal injury lawsuit can help an individual recover damage after being injured in an accident caused by another party. Even if the person involved is an illegal immigrant, they may be able to file a personal injury claim.

Here, we will discuss the specifics of how these cases work and what you should do if you’re in this situation.

personal injury damages related to a DWI accident

Qualifying for a Personal Injury Lawsuit as an Illegal Immigrant

While illegal immigrants are not eligible to receive government benefits or civil damages awards, they can still sue for personal injury damages related to a DWI accident.

In most states, as long as the plaintiff was legally present in the country at the time of the accident, they can pursue compensation from the responsible party. This includes any medical costs incurred from injuries sustained during the accident, lost wages due to missed work, and other types of pain and suffering awards that may be available.

In addition, it is important to note that this does not include punitive damages – monetary compensation awarded by courts with the intention of punishing wrongdoers for their behavior.

Illegal immigrants are not eligible for such awards since this type of compensation goes beyond compensating for losses associated with an incident; instead, punitive damages punish those who have been found guilty of wrongdoing or criminal activity.

Read: 4 Common Reasons Behind Personal Injury Claims

Challenges Facing Illegal Immigrants Who File Suit

The process of filing suit as an illegal immigrant can be challenging because there are certain restrictions in place that make it more difficult than if the plaintiff were a legal resident or citizen.

For instance, many employers won’t hire legal representation on behalf of an undocumented worker; therefore, it’s important for plaintiffs to secure representation from a reputable firm before filing suit against another party.

Additionally, court proceedings typically require proof that plaintiffs are legally residing in their current state – which could be difficult to provide if you’re an undocumented immigrant.

It would be prudent to obtain legal counsel and representation from a Phoenix immigration lawyer if you find yourself in this unpleasant circumstance. You might also require a more specialized kind of lawyer, such as a Fort Lauderdale personal injury lawyer to assist with your settlement or a Minneapolis DWI Lawyer to assist with your defense, depending on whether you are the defendant or the plaintiff.

Read: How To Get The Best Settlement From Your Personal Injury Case


Illegal immigrants who have been injured due to another party’s negligence may still be able to file a personal injury lawsuit and seek compensation for their injuries and losses related to a DWI accident. Though there are some hurdles along the way when filing suit as an illegal immigrant—including finding legal representation — it is possible if all criteria are met.

For more information on your specific case and whether or not you qualify for such action, contact a qualified paralegal today. They can review your case and help you understand your rights under the law so that you can get started on your path toward justice and recovery after being injured due to someone else’s negligence while driving under the influence (DUI).