Can a Florida Court allow evidence of status to be heard by a Jury in a Car accident lawsuit?

The answer is Maybe, as can be expected right? The long answer is under normal circumstances no. For example if you are in Florida illegally and you get in to a car accident and the lawyer representing the person that hit you wants to tell the jury that you are here illegally, you attorney can use the tool called a motion in limine ask that the information be removed from the list of fact which can be advocated or sough to be proved in Court. That means it cannot be mentioned in the voire dire process (that’s when the lawyers ask the jury questions that are designed to reveal if the jury has any prejudice which would prevent them from being a fair and impartial judge of every one rights).

The motion in limine will also prevent the presentation of any evidence of status of the Florida car accident victim during the course of the trial.

However, there is an exception to all this of-course. For example if the car accident victims attorney pleads for lost wages he would in the legal sense be opening the door on the issue of status. The other lawyer, representing the person that caused the car accident would then be allowed to introduce evidence of status in order to prove to the jury that you are not able to earn money legal so how could you come to court and argue for relief as to lost earning.

The case of Mara VILLASENOR, Appellant, v. Juana MARTINEZ, Appellee. No. 5D07-432. Sept. 26, 2008. Which was decided by the District Court of Appeal of Florida,

Fifth District speaks to these points clearly.

In that case the Court stated: “Trial court in injured passenger's personal injury action against negligent motorist correctly denied in part passenger's motion in limine to exclude evidence of her status as an illegal alien; passenger's illegal status was relevant to her claim of lost future earnings, as it affected her ability to obtain lawful employment in the country. Immigration Reform and Control Act of 1986, § 112(a), 8 U.S.C.A. § 1324(a); West's F.S.A. § 448.09(1).”

Add case exists stating that illegal alien whoa re employed illegally in this country are entitled to workers compensation benefits regardless of status.

In a brief opinion the 1^st DCA in GENE'S HARVESTING and Florida Farm Bureau Insurance Co., Appellants, v. Jesus RODRIGUEZ, a/k/a Augustine Tassaint, Appellee.

Held that “an alien illegally in this country, is entitled to Chapter 440 benefits for a work-related injury notwithstanding his immigration status. Section 440.02(2)(a), Florida Statutes (1980 Supp.), specifically included aliens among those “employees” entitled to benefits, and nothing in the statute suggests that workers not lawfully immigrated are excluded. See White v. Conoley Fruit Harvesting, Inc., IRC Order 2-3877 (1979). Appellants' other points have no merit.”

These cases demonstrate the benevolent nature of our system of laws. Just because you are here illegally does not mean you are not entitled to equal protection of the laws.