Undocumented immigrants in Georgia have the legal right to pursue compensation if they are injured in an accident.
At Fox Injury Law, our Tucker personal injury lawyers firmly believe that everyone deserves access to justice, no matter their immigration status. Here’s what you need to know about filing a personal injury claim in Georgia as an undocumented individual.
What Georgia law says about personal injury rights
Georgia law does not limit the right to file a personal injury lawsuit based on immigration status. Under O.C.G.A. § 51-1-6, “a person may recover for torts committed against them” if they can prove that someone else’s wrongful or negligent actions caused their injuries.
That means if you were:
- Hit by a negligent driver
- Injured on unsafe property
- Harmed by a defective product
- Hurt in a workplace accident due to a third party’s negligence
…you have the right to pursue a personal injury claim in Tucker, GA, regardless of your immigration status.
Will my immigration status affect my personal injury case?
While immigration status does not bar you from filing a claim, it may be brought up by the opposing party during negotiations or in court—especially if the defense is trying to avoid or reduce a payout.
However, Georgia courts have generally ruled that undocumented status is not relevant to whether someone is entitled to compensation for injuries. In fact, introducing a person’s immigration status can be considered prejudicial and irrelevant unless it’s directly tied to the facts of the case (such as calculating future lost wages in specific circumstances).
At Fox Injury Law, we fight aggressively to keep your immigration status out of the courtroom if it’s not relevant—and to ensure the focus remains on your injuries and losses.
What types of compensation can undocumented immigrants seek?
Just like any other personal injury victim, undocumented immigrants can seek compensation for:
- Medical expenses (hospital bills, surgeries, therapy)
- Lost wages (even if paid in cash or without formal documentation)
- Pain and suffering
- Loss of earning capacity
- Property damage
If the injury leads to permanent disability or ongoing medical needs, you may also be entitled to future medical costs and long-term support.
What if I don’t have documentation for my job or income?
We understand that many undocumented immigrants in Tucker may work off the books or without formal pay stubs. That does not prevent you from recovering lost wages. Our legal team can use alternate forms of documentation to demonstrate your lost income, including:
- Witness testimony from coworkers or employers
- Past payment records (bank deposits, cash receipts, etc.)
- A history of regular work habits
At Fox Injury Law, we take special care to build your case thoroughly—even if you don’t have traditional documentation.
Will filing a personal injury lawsuit put me at risk of deportation?
This is a common and understandable fear. The short answer: filing a personal injury lawsuit does not trigger immigration enforcement. Civil courts are separate from immigration authorities, and personal injury lawsuits do not require you to disclose your immigration status unless it is directly relevant.
You also don’t need to worry about your immigration status being reported to ICE (Immigration and Customs Enforcement) simply because you’re seeking compensation for an injury caused by someone else.
At Fox Injury Law, we handle your case with strict confidentiality and make sure your rights are protected at every step. Your safety and recovery come first.
How long do I have to file a personal injury claim in Georgia?
Under O.C.G.A. § 9-3-33, Georgia generally gives injured parties two years from the date of the injury to file a personal injury claim. This deadline applies regardless of immigration status. If you miss this window, you may lose your right to compensation, so it’s important to act quickly.
Why choose Fox Injury Law?
At Fox Injury Law in Tucker, GA, we believe in equal justice. Our experienced legal team works with undocumented clients regularly and knows how to protect your rights while building a strong case. We offer:
- Free, confidential consultations
- No upfront fees—you only pay if we win
- Compassionate legal support tailored to your unique needs
You deserve respect, representation, and a chance to recover—no matter your background.
If you or someone you love has been injured, don’t let fear or uncertainty stop you from getting the help you need. Contact us today for a free and confidential consultation.
