Can a Person’s Immigration Status be Brought up at Trial?



Whether someone is here in the United States legally or not, is not admissible evidence in a Las Vegas personal injury action. So, whether someone is here on vacation from another county or has outstayed their visa, they both can recover if they were injured while in Las Vegas, through no fault of their own.


For those wanting to look at specific cases, a New York court held that a plaintiff's immigration status was properly excluded in a case involving a construction worker who fell two stories through an improperly covered hole in the roof of the defendant's construction project. Angamarca v. New York City Partnership Housing, 2011 NY Slip Op. 5361, 2011 N.Y. App. Div. LEXIS 5251 (N.Y. Sup. Ct. June 21, 2011). 

However, if someone is from another country and they have sustained lost wages, then their immigration status may be relevant for the limited purpose of their wage loss claim. The reason for this is because the law states that a wage loss claim for a non-U.S. citizen must be based upon what that person could have earned in their country of citizenship not what he/she could earn in the United States. 

Next time, we will discuss expert witness disclosure in Las Vegas injury cases.

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