Can I bring a wrongful death case if the decedent was undocumented?

Yes, plaintiffs can still have wrongful death claims when the decedent was undocumented. However, there are some challenges with wrongful death claims if the victim was undocumented.

• Proving Lost Wages: Demonstrating lost wages could be more difficult, particularly if the decedent did not submit regular tax filings.
• Bias or Discrimination: In certain cases, the defendant or court could potentially hold a biased view about the decedent’s immigration status. This may impact any potential settlement offers.
• Fear of Deportation: Family members may be reluctant to file wrongful death claims if they are also undocumented.

Even when it is difficult to prove economic damages in a wrongful death claim with someone who is undocumented, family members can still pursue non-economic damages, such as loss of companionship and emotional distress.