The sudden loss of a loved one is devastating under any circumstances. When the death occurs due to someone else’s negligence or misconduct, the grief is compounded by questions about justice and accountability. These questions can become even more difficult when the person who died was an undocumented immigrant. In these situations, a wrongful death lawyer may still be able to help surviving family members pursue a claim regardless of the victim’s immigration status.
Contrary to what many people assume, undocumented individuals do not lose all legal protections once they enter the U.S. Families who have lost someone due to a car accident, workplace injury, medical mistake, or similar cause can often file a wrongful death claim just like any other resident. These claims are typically brought by close relatives such as spouses, children, or parents, and focus on the financial and emotional losses caused by the death. These family members are typically citizens, but outside suits can be filed depending on the case.
Attorneys like those at Polchinski & Smith Personal Injury Lawyers can attest that courts do not base the validity of wrongful death cases on a person’s immigration documentation. Instead, they look at whether there was a duty of care, whether it was breached, and whether that breach caused the death. These basic standards apply across all wrongful death cases, regardless of citizenship.
Challenges do arise, however, when the surviving family members are themselves undocumented. Fear of deportation or distrust of the legal system may prevent some individuals from coming forward. That’s why it’s important to work with firms who understand how to protect the rights of every person involved, including those who may feel vulnerable due to their legal status. Communication, confidentiality, and compassion are critical in these matters. After all, if you lose a loved one, the responsible parties should be held accountable.
A personal injury lawyer handling these cases may also deal with issues like lost wages or support. Even if the deceased person was paid in cash or worked under the table, the value of their work and contribution to the family can often be demonstrated through testimony, receipts, or other evidence. Courts can consider those financial impacts when determining compensation. Courts can also consider how the family was impacted within their own jobs as they may have had to miss work to handle the death of their loved one.
Another concern is whether damages will include emotional suffering, loss of companionship, and other non-economic harm. These claims are valid regardless of documentation. While the court may require additional proof such as affidavits from family or evidence of the relationship, they are not barred because the person who died or their family lacks legal status.
We’ve also seen instances where employers try to avoid liability by claiming they were unaware of the worker’s status or that the worker assumed the risk. These defenses do not automatically eliminate the right to file a wrongful death claim. In many states, employment protections and safety requirements apply equally to all workers. If someone dies on the job due to unsafe conditions or lack of training, legal action can still be taken.
Ultimately, wrongful death laws exist to hold wrongdoers accountable and to support the people left behind. While the process may feel more daunting for immigrant families, especially those without legal status, their right to seek justice remains intact. No one should be left without legal recourse simply because of where they were born or how they entered the country.
Legal protections in the U.S. are broader than many people think. Even in difficult or politically sensitive cases, experienced lawyers can help families find a path forward. When a life is lost due to preventable harm, the right to accountability matters for everyone, documented or not. Contact a lawyer near you for help if you are facing a similar case.