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.
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