What Happens If the Victim Was an Undocumented Immigrant in a Florida Wrongful Death Case?
Losing a loved one is devastating under any circumstances. For families of undocumented immigrants in Florida, that grief is often compounded by fear, confusion, and misinformation about their legal rights. Many families worry that immigration status will prevent them from seeking justice after a fatal accident.
The truth is important and reassuring: under Florida law, immigration status does not eliminate the right to pursue a wrongful death claim.
Immigration Status Does Not Bar a Florida Wrongful Death Claim
Florida wrongful death laws focus on wrongful conduct, not immigration status. If a person’s death was caused by negligence, recklessness, or misconduct—such as a car crash, unsafe property condition, medical malpractice, or workplace accident—the responsible party may still be held liable.
Courts do not deny wrongful death claims simply because the deceased or surviving family members were undocumented.
Who Can Bring the Wrongful Death Case?
In Florida, a wrongful death lawsuit is filed by the personal representative of the estate, on behalf of surviving family members. This can include:
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A surviving spouse
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Children
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Parents
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Other dependents or relatives (in certain situations)
The personal representative does not need to be a U.S. citizen. Undocumented family members may still benefit from the claim.
What Damages Are Available in These Cases?
Even when the victim was undocumented, Florida law allows recovery for many of the same damages, including:
1. Loss of Support and Services
Families can seek compensation for the financial and practical support the deceased provided, such as income, childcare, household services, and caregiving.
2. Funeral and Burial Expenses
Reasonable funeral and burial costs are recoverable regardless of immigration status.
3. Medical Expenses
If the victim received medical care before passing away, those expenses may be included in the claim.
4. Pain and Suffering of Survivors
Surviving spouses, children, and sometimes parents may recover damages for mental pain and suffering.
Does Undocumented Status Reduce the Value of the Case?
Defense lawyers and insurance companies sometimes argue that an undocumented worker’s earning potential was “limited.” Florida courts have repeatedly rejected blanket assumptions like this.
While income history may be examined, courts do not allow immigration status alone to erase economic value. Many undocumented workers contribute substantially to their families and communities, and those contributions matter under the law.
Will Filing a Lawsuit Expose Immigration Status?
This is one of the most common fears—and an understandable one.
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Civil wrongful death cases are not immigration enforcement actions
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Courts generally restrict irrelevant immigration inquiries
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Judges often prevent defense attorneys from using immigration status to intimidate families
An experienced Florida wrongful death attorney can file protective motions to limit improper questioning and protect the family’s privacy.
Common Types of Wrongful Death Cases Involving Undocumented Victims
Undocumented immigrants are frequently victims of fatal accidents caused by:
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Car and truck crashes
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Unsafe construction sites
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Workplace safety violations
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Dangerous property conditions
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Medical negligence
In each of these situations, the negligent party remains accountable under Florida law.
Why Insurance Companies Push the “Status” Issue
Insurance carriers often raise immigration status as a strategy to:
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Discourage families from pursuing claims
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Devalue damages
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Pressure quick, unfair settlements
Knowing your rights is the first step to preventing this tactic from working.
Time Limits Still Apply
Florida has strict deadlines (statutes of limitations) for wrongful death cases. Waiting too long—out of fear or uncertainty—can permanently bar the claim.
Speaking with a lawyer early helps protect evidence, witnesses, and legal rights.
You Deserve Answers and Accountability
No family should lose their right to justice because of immigration status. Florida wrongful death law is designed to hold negligent parties accountable and provide financial stability to surviving loved ones—regardless of where the victim was born or their documentation status.
If your family has lost someone due to negligence, consulting a Florida wrongful death attorney can help you understand your options confidentially and safely.
Have you or someone you know been injured as a result of negligence? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
