HomeCan You Sue ICE for Injuries or Wrongful Detention?

Can You Sue ICE for Injuries or Wrongful Detention?

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February 5, 2026Elvis Goren

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Immigration enforcement has exploded into the national conversation. Between the Minneapolis shooting in January and the ongoing protests across the country, people are asking a question that used to feel academic: what happens when ICE harms someone? Can you actually do anything about it?

The short answer is yes, you can sue. The longer answer involves a maze of federal procedures, strict deadlines, and legal doctrines that make it genuinely difficult. Not impossible. But difficult.

Key Takeaways

• You cannot sue ICE directly. You sue “the United States” through the Federal Tort Claims Act, and you must file an administrative claim within two years of your injury before going to court.
• Suing individual ICE agents is nearly impossible now. The Supreme Court’s 2022 decision in Egbert v. Boule effectively closed the door on constitutional claims against federal officers in immigration cases.
• Private detention facilities are easier to sue. Companies like GEO Group and CoreCivic don’t have federal immunity. State tort law applies to them.
• U.S. citizens wrongfully detained have won settlements. Cases involving detained American citizens have settled for amounts ranging from $125,000 to $400,000, though these required overwhelming evidence and skilled legal representation.

What Is ICE and Why Does It Matter Legally?

ICE didn’t exist before 2003. The agency was created after 9/11 when Congress reorganized federal law enforcement through the Homeland Security Act. They merged pieces of the old Customs Service and the Immigration and Naturalization Service into one agency under the new Department of Homeland Security.

Today, ICE has over 20,000 employees and an annual budget exceeding $8 billion. Two main divisions handle the work: Enforcement and Removal Operations (ERO) manages arrests and detention, while Homeland Security Investigations (HSI) handles criminal cases involving border crimes and human trafficking.

Why Being a Federal Agency Changes Everything

Here’s the thing that trips people up. When a city cop violates your rights, you can sue the officer personally under 42 U.S.C. § 1983. You can sue the city. You can often get punitive damages.

Federal agents operate under completely different rules.

Something called sovereign immunity protects the federal government from lawsuits unless Congress specifically says otherwise. The government literally cannot be sued without its own permission. Congress has waived this immunity in limited situations through the Federal Tort Claims Act, but even then, the FTCA comes with restrictions, exceptions, and procedural requirements that don’t apply to regular lawsuits.

How Do You Sue the Federal Government?

The Federal Tort Claims Act provides the primary path for monetary recovery when federal employees cause harm. But the process looks nothing like a normal lawsuit.

The Mandatory Administrative Claim

Before you can file any lawsuit in federal court, you must first file an administrative claim directly with the government agency. This is not optional. Courts will dismiss your case if you skip this step.

You file using Standard Form 95 (SF-95). For ICE claims, submit to the DHS Office of General Counsel or the ICE Office of the Principal Legal Advisor.

Your claim must include:

• Your name and contact information
• A written description of what happened
• A “sum certain” (the exact dollar amount you’re demanding)

That last part is critical. The amount you specify generally caps what you can recover later in court. Calculate it carefully with all anticipated medical expenses, lost wages, and other damages factored in.

What You Can and Cannot Recover

The FTCA allows claims for negligence, medical malpractice, wrongful death, assault, battery, false arrest, and false imprisonment when committed by federal law enforcement officers.

What you can get:

• Compensatory damages for actual losses
• Medical bills, lost wages, pain and suffering

What you cannot get:

• Punitive damages (prohibited under FTCA)
• Claims based on “discretionary” policy decisions

You must sue “the United States” as the defendant. Not ICE. Not the individual officers. The United States of America.

Can You Sue Individual ICE Officers?

This used to be possible through something called a Bivens action, named after a 1971 Supreme Court case that allowed people to sue federal officers directly for constitutional violations.

The Supreme Court killed this option in the immigration context.

The 2022 case Egbert v. Boule said courts should decline to extend Bivens “if there is any rational reason to think that the answer is Congress.” The existence of DHS’s internal grievance process, which provides no money and doesn’t let complainants participate meaningfully, was enough to foreclose the claim.

Since Egbert, circuit courts have consistently rejected constitutional claims against ICE and Border Patrol agents. If an ICE agent injures you, your realistic option is the FTCA claim against the government. Suing the individual agent personally is theoretically possible, but practically dead.

One exception: Some states have started passing their own laws to fill this gap. Illinois enacted a “Bivens Act” in December 2025, creating a state law cause of action against federal officers who violate constitutional rights during immigration enforcement. California has similar protections.

Have People Actually Won Cases Against ICE?

Yes. But successful cases share common features: overwhelming evidence, clear constitutional violations, and usually years of litigation with experienced counsel.

Wrongful Detention of U.S. Citizens

ICE has repeatedly detained American citizens, sometimes for extended periods. A Northwestern University study found approximately 1% of detainees at studied facilities were later confirmed as citizens. Some notable settlements:

• Rennison Castillo (U.S. Army veteran, naturalized citizen): Detained 7.5 months. Settlement: $400,000 plus a formal DOJ apology.
• Mark Lyttle (natural-born citizen with cognitive disabilities): Wrongfully deported to Mexico, wandered homeless through Central America for 125 days. Settlement: $175,000.
• Carlos Rios: Detained 7 days despite having his U.S. passport at arrest. Settlement: $125,000.

These cases worked because citizenship was provable with documents, and the government’s error was obvious.

Medical Negligence in Detention

A 2024 report by Physicians for Human Rights and the ACLU found that 95% of deaths in ICE detention between 2017 and 2021 were preventable with adequate medical care. Common problems include delayed treatment, failure to provide prescribed medications, and staffing shortages so severe that one lawsuit alleged only 2 nurses for 1,500 detainees.

Medical negligence claims face a high bar. You must show that the medical need was sufficiently serious and that officials actually knew of and disregarded the risk. But families have obtained settlements, particularly against private contractors like GEO Group and CoreCivic, who don’t enjoy federal immunity.

Class Actions Have Been More Successful

• Roy v. County of Los Angeles: $14 million to over 18,500 people unlawfully detained on ICE holds. Individual payments ranged from $250 to $25,000.
• Ms. L v. ICE: Family separation settlement benefiting 4,500 to 5,000 families, including an eight-year ban on separations.
• Fraihat v. ICE: COVID-19 class action representing 55,000 detainees. Over 60,000 people were released during the period when court orders were in effect.

What Should You Actually Do If ICE Harmed You?

The two-year deadline makes speed essential. Courts have dismissed cases where people filed even one day late.

Preserve everything immediately: citizenship documents, detention records, medical records, photographs of injuries, witness contact information, and any paperwork ICE gave you. Write down exactly what happened while it’s fresh.

File the administrative claim: Get the SF-95 form. Include a sum certain that accounts for all your damages. File with both the DHS Office of General Counsel and the ICE Office of the Principal Legal Advisor. Send it certified mail with a return receipt.

Consider all potential defendants:

• The United States (via FTCA) for federal employee actions
• Private contractors (GEO Group, CoreCivic) under state tort law
• Local law enforcement who participated in joint operations under Section 1983

Get qualified legal help: FTCA cases are genuinely complex. Immigration civil rights organizations, the ACLU, and attorneys who specialize in federal tort claims can evaluate your situation.

The Bottom Line

Suing ICE is possible but hard. The Federal Tort Claims Act provides the main avenue for recovery, with strict deadlines and mandatory administrative exhaustion. Constitutional claims against individual officers are essentially dead after recent Supreme Court decisions. Private contractors offer an easier litigation path.

The people who’ve succeeded typically had clear evidence, documented violations, and skilled legal representation. If you’ve been harmed by ICE, the two-year deadline starts running immediately. Don’t wait to explore your options.

This article provides general information about legal options for individuals harmed by ICE. It is not legal advice. If you’ve been injured or wrongfully detained, consult with an attorney who handles federal tort claims to discuss your specific situation.

About the Author

Elvis Goren

Elvis Goren is the Organic Growth Manager at DK Law, bringing over a decade of content and SEO expertise from Silicon Valley startups to the legal industry. He champions a human-first approach to legal content, crafting fun and engaging resources that make complex injury law topics resonate with everyday readers while driving meaningful organic growth.

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Headaches Days After a Car Accident: What It Means

HomeHeadaches Days After a Car Accident: What It Means

Headaches Days or Weeks After a Car Accident: What It Actually Means

Car Accidents Know Your Rights Medical & Recovery

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February 4, 2026Michelle Lysengen

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That headache that showed up three days after your accident? The one you keep telling yourself is probably just stress?

It might not be.

Delayed headaches after car accidents are incredibly common. Post-traumatic headache affects 47% to 95% of people with mild traumatic brain injury, and most cases develop within seven days of the accident. Not immediately. Days later.

The problem is that people dismiss these headaches. They assume if something serious happened, they’d have felt it right away. That’s not how the body works. And waiting to see if the headache “goes away on its own” can cost you both your health and your ability to get compensated.

Key Takeaways

• Delayed headaches are normal after car accidents. Inflammation, tissue damage, and swelling can take days to develop. A headache appearing 3-7 days post-crash doesn’t mean you’re imagining things.
• Some delayed headaches signal emergencies. Subdural hematomas can present symptoms weeks after injury. Worsening headache with confusion, weakness, or vomiting means go to the ER.
• 50% of whiplash headaches become chronic. Among people still experiencing headache at six weeks post-accident, half still have symptoms at one year.
• Treatment gaps hurt your claim. Insurance companies use delays in seeking medical care to argue your injury wasn’t serious or wasn’t caused by the accident.

Why Do Headaches Appear Days After a Car Accident?

Your body doesn’t always announce injuries immediately. Several things happen in the hours and days after a collision that can cause pain to show up late.

• Inflammation builds gradually. Brain and tissue inflammation develops over 24-48 hours as your body responds to trauma. You might feel fine the day of the accident, then wake up two days later with crushing head pain.
• Microscopic damage adds up. Whiplash causes tiny tears in muscles and ligaments that trigger an inflammatory response over 24-72 hours. The pain follows the swelling.
• Brain swelling takes time. Delayed cerebral edema can occur 24-48 hours after traumatic brain injury as the blood-brain barrier becomes compromised. This is why doctors tell concussion patients to watch for worsening symptoms.

The takeaway: a headache that starts days after your accident isn’t suspicious. It’s actually a predictable pattern based on how your body processes trauma.

What Type of Headache Do You Have?

Not all post-accident headaches are the same. The type matters for both treatment and your claim. Here’s a quick breakdown:

Headache Type	Typical Onset	Key Symptoms	What It Usually Means
Whiplash/Cervicogenic	24-72 hours	Pain at base of skull, neck stiffness, worse with movement	Neck injury affecting nerves
Post-Concussion	Hours to days	Pressure sensation, light sensitivity, brain fog	Mild traumatic brain injury
Tension/Muscle Strain	Hours to days	Band-like pressure, tight shoulders	Muscle guarding and stress response
Occipital Neuralgia	Days to weeks	Sharp, shooting pain from neck to scalp	Compressed nerves from inflammation
Subdural Hematoma	Days to weeks	Worsening headache, confusion, weakness	Brain bleed (emergency)

Cervicogenic headaches from whiplash typically present within 24 hours but can develop over days as soft tissue inflammation progresses. Whiplash injuries can happen at impact speeds as low as 5-10 mph, so don’t assume your “minor fender bender” couldn’t cause real damage.

When Should You Go to the Emergency Room?

Most post-accident headaches aren’t emergencies. But some are.

The CDC lists these warning signs that require immediate medical evaluation:

• Headache that keeps getting worse and won’t go away
• Repeated vomiting or nausea
• Slurred speech
• Weakness, numbness, or loss of coordination
• One pupil larger than the other
• Convulsions or seizures
• Inability to wake up or stay awake
• Increasing confusion or agitation

Subdural hematomas are particularly dangerous because symptoms can appear 2-3 weeks after injury. The bleeding is slow, so you might feel progressively worse over time rather than experiencing sudden collapse.

If your headache is getting worse instead of better, don’t wait. Get evaluated.

How Long Should a Post-Accident Headache Last?

This depends on what’s causing it.

Most people with mild traumatic brain injury recover completely within two weeks. That’s the good news. The not-so-good news: 10-15% have symptoms that last longer, and some develop chronic post-traumatic headache.

The medical classification works like this: headaches lasting less than three months are considered acute. Headaches persisting beyond three months are classified as chronic post-traumatic headache.

Whiplash-associated headaches have worse odds. Among people still experiencing symptoms at six weeks, 50% still have headaches at one year. That’s not a small number.

If your headache hasn’t improved after two weeks, or if it’s getting worse, see a doctor. Something else might be going on.

What Should You Do Right Now?

If you’re reading this with a headache days after your accident, here’s your action plan.

Document everything. Write down when the headache started, how severe it is on a scale of 1-10, what makes it better or worse, and any other symptoms. This matters for both medical treatment and any insurance claim.

See a doctor. Even if you feel silly. Even if you think it’s probably nothing. CT and MRI scans are often normal in concussion and mild TBI despite significant symptoms, so a clear initial scan doesn’t mean you’re fine. Tell the doctor about the accident and be specific about your symptoms.

Don’t say “I’m fine” to the insurance company. Saying you’re fine at the accident scene or to adjusters can be used to challenge later injury claims, even if symptoms developed afterward. If they ask how you’re feeling, say you’re still being evaluated.

Watch for worsening symptoms. The first 48-72 hours after a head injury are critical. If your headache intensifies or you develop confusion, vision changes, or coordination problems, get to an emergency room.

Why Treatment Gaps Hurt Your Claim

Here’s where the legal reality collides with human nature.

People often wait to see a doctor because they hope the headache will resolve on its own. Understandable. But insurance companies interpret that delay differently.

Insurers may deny claims if there’s a significant gap between the accident and seeking medical treatment, arguing the injury is either unrelated to the accident or less severe than claimed. The longer you wait, the easier it becomes for them to make that argument.

Insurance adjusters evaluate delayed symptom claims based on three things: medical records establishing causation, documentation of symptom progression, and physician statements linking injuries to the accident. If you don’t have those things because you waited three weeks to see a doctor, your claim gets harder to prove.

This doesn’t mean you can’t recover compensation for delayed symptoms. You absolutely can. But getting medical attention quickly creates a paper trail that protects you.

The Bottom Line

A headache that shows up days after your car accident isn’t something to brush off. It could be inflammation, whiplash, a delayed concussion, or, in rare cases, something more serious.

Get it checked out. Document your symptoms. Don’t tell the insurance company you’re fine when you’re not.

California has a two-year statute of limitations for personal injury claims, but evidence and medical connections get harder to establish as time passes. The sooner you get evaluated and start treatment, the better positioned you are for both recovery and any potential claim.

If you’re dealing with delayed headaches after an accident in California, DK Law offers free consultations. We can help you understand your options and connect you with medical care.

Call us or contact us online.

About the Author

Michelle Lysengen

Michelle is a content specialist at DK Law and creates content that highlights company events and breaks down complex legal topics into digestible, engaging content. She earned her B.A. in Marketing from California State University, Fullerton.

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HomeWhat’s My Car Accident Settlement Worth If Hit by an Uninsured Driver?

What’s My Car Accident Settlement Worth If Hit by an Uninsured Driver?

Car Accidents Behind The Law Know Your Rights

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February 3, 2026Michelle Lysengen

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You did everything right. You have insurance. You were driving safely. Then someone without coverage slams into you, and suddenly you’re stuck with medical bills, a totaled car, and zero way to reach the person responsible.

So now what?

You probably have a path to compensation that may not involve the uninsured driver at all. Your own insurance policy likely includes something called uninsured motorist (UM) coverage, and that’s who pays when the other driver can’t.

Key Takeaways

• Your own insurance pays when the other driver has nothing. California requires insurers to offer UM coverage, and most drivers have it without realizing it. This coverage kicks in when you’re hit by an uninsured or hit-and-run driver.
• Policy limits the cap on your settlement, not injury severity. Most California drivers carry minimum UM coverage of $15,000 per person, which means that’s often the maximum you can recover, regardless of how badly you’re hurt.
• Comparative fault still applies. Even in UM claims, if you were partially at fault, your settlement gets reduced by that percentage under California’s pure comparative negligence law.
• Uninsured plaintiffs face big limitations. If you were driving without insurance yourself, Proposition 213 bars you from recovering pain and suffering damages in most cases.

Can You Still Get Paid If the Other Driver Has No Insurance?

Short answer: yes. Longer answer: It depends on your own policy.

About 16.6% of California drivers are uninsured, which is higher than the national average of 14%. That’s roughly one in six cars on the road with no coverage. The state knows this is a problem, which is why California law requires insurance companies to offer you UM coverage when you buy a policy.

Here’s the important part. Unless you signed a written rejection, you probably have this coverage. Not a verbal “no thanks” on the phone. An actual signature on a specific form. California Insurance Code § 11580.2 requires that the rejection be in writing, and a lot of people never actually sign one.

So step one is checking your declarations page. That’s the summary sheet your insurer sends when you renew. Look for “UM” or “uninsured motorist” coverage and note the dollar amount.

What if you genuinely don’t have it? Your options shrink considerably. You could sue the uninsured driver directly, but realistically, someone driving without insurance usually doesn’t have assets worth chasing. And even if you win a judgment, personal injury debts can be discharged in bankruptcy unless they result from willful and malicious injury.

How Does Filing an Uninsured Motorist Claim Actually Work?

You’re basically filing a claim against your own insurance company. The same people you pay premiums to every month. And they’re not automatically on your side anymore because now they’re the ones writing the check.

The basic process looks like this:

• Confirm your coverage first. Check that declarations page. Know your limits. If you have $15,000 in UM coverage, that’s your ceiling no matter what.
• Notify your insurer fast. California’s Fair Claims Settlement Practices Regulations require insurers to acknowledge your claim within 15 days. Don’t sit on this.
• Document everything like normal. Police reports, medical records, photos of damage, and witness statements. Your insurer will investigate just as thoroughly as if they were defending against you in court.

Then comes negotiation. Your insurer makes an offer. You counter. If you can’t agree, California law typically sends UM disputes to binding arbitration rather than trial. That means a private decision-maker resolves the dispute instead of a jury.

One thing people miss: hit-and-run accidents also qualify for UM coverage. The driver who fled has “no insurance” as far as your claim is concerned because they can’t be identified.

How Much Can You Expect From a UM Claim?

You’ll see websites throwing around settlement ranges like $15,000 to $50,000 or higher. Take those numbers with a massive grain of salt. Insurance companies don’t publish UM settlement data, so anyone claiming “average” figures is guessing based on policy limits, not actual claim outcomes.

What we can tell you is factual: your settlement ceiling is your own policy limit.

Most California drivers carry the state minimum, which is $15,000 per person and $30,000 per accident. If that’s your coverage, that’s the maximum you can recover even if your medical bills hit $100,000. Your policy is a contract with a cap built in.

Within that cap, insurers calculate your damages the same way they would in any injury claim:

Economic damages cover the measurable stuff. Medical bills, lost wages, property damage, and future care costs. California law defines these as quantifiable financial losses that you can prove with receipts and records.

Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to calculate and where negotiation gets contentious.

If you were partially at fault, your payout drops proportionally. California uses pure comparative negligence. Meaning if you were 20% at fault, your settlement gets reduced by 20%. Even if you were 80% at fault, you can still recover 20% of your damages.

What If You Were Driving Uninsured When the Accident Happened?

Proposition 213, passed by voters in 1996, bars uninsured drivers from recovering non-economic damages even when the accident was completely someone else’s fault.

That means no pain and suffering. No emotional distress. No compensation for physical impairment or disfigurement. Just the hard economic losses you can document.

The exceptions are narrow. If the other driver was convicted of DUI, you can recover everything. Same if they acted with specific intent to injure you. But those situations are rare.

Does a claim still make sense if you were uninsured? Sometimes. If you have $50,000 in medical bills and lost three months of income, recovering those economic damages is still meaningful. You’re just leaving significant money on the table that an insured plaintiff would collect.

The California Courts Self-Help Center has more information on these limitations and what recovery options remain available.

The Bottom Line

Getting hit by an uninsured driver feels like a dead end. Someone else caused your injuries, and they have nothing. But if you carry UM coverage, which most California drivers do, you have a real path forward through your own policy.

The catch? Your insurer isn’t automatically going to hand over the full policy limit. They investigate. They negotiate. They look for ways to reduce what they pay.

If you’re dealing with serious injuries, a denied claim, or a lowball offer that doesn’t cover your medical bills, talking to a personal injury attorney who handles UM claims makes sense. Most work on contingency, meaning you pay nothing unless you recover compensation.

DK Law offers free case evaluations for uninsured motorist claims across California. If you’re unsure what your case is worth or whether your insurer is treating you fairly, a conversation costs nothing.

Call today to discuss your case. No fee unless we win.

About the Author

Michelle Lysengen

Michelle is a content specialist at DK Law and creates content that highlights company events and breaks down complex legal topics into digestible, engaging content. She earned her B.A. in Marketing from California State University, Fullerton.

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OWI vs DUI: What’s the Difference?

HomeOWI vs DUI: What’s the Difference?

OWI vs DUI (2026): What’s the Difference in CA, FL, NY & More 

Behind The Law

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February 2, 2026Elvis Goren

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The police report says the driver who hit you was charged with “OWI.” But you’ve only ever heard of DUI. Are they different? Does it matter for your case?

Here’s the short answer: OWI (Operating While Intoxicated) and DUI (Driving Under the Influence) describe the same basic offense. Drunk driving. The terminology just varies by state. But as someone injured by a drunk driver, what really matters is how those criminal charges affect your ability to recover compensation.

A DUI or OWI conviction can strengthen your personal injury case significantly. Let’s break down what these terms mean, what criminal penalties the at-fault driver faces, and how their charges impact your civil claim.

Key Takeaways

• OWI and DUI both mean drunk driving. Seven states use OWI terminology (including Wisconsin, Michigan, and Iowa), while most states (including California) use DUI. The acronym doesn’t change the severity.
• A conviction helps prove your case. Under California’s negligence per se doctrine, a DUI conviction automatically establishes that the driver breached their legal duty of care. You won’t need to argue they were “careless.” The conviction does that for you.
• You may be entitled to punitive damages. California allows punitive damages when a drunk driver shows “conscious disregard” for safety. These damages punish the driver and aren’t covered by their insurance.
• You don’t have to wait for the criminal case to finish. Your personal injury claim can proceed while criminal charges are pending. In fact, filing early helps preserve evidence.

What Do OWI and DUI Actually Mean?

DUI stands for “Driving Under the Influence.” California and most other states use this term. The focus is on whether the person was driving while impaired.

California Vehicle Code Section 23152 makes it unlawful to drive under the influence of alcohol or drugs. When the driver who hit you violated this law, they didn’t just commit a crime. They also broke a safety statute designed to protect people like you.

OWI stands for “Operating While Intoxicated.” States like Wisconsin, Michigan, and Iowa use this terminology instead. The word “operating” is broader than “driving,” which means these states can prosecute someone even if the car wasn’t moving. But for your purposes as a victim, OWI and DUI function the same way. Both establish that the driver was impaired.

State-by-State Breakdown: OWI vs DUI

State	Term	Fines	Jail Time	License Suspension
California	DUI	$390–$1,000 (base fine)	Up to 6 months	6 months
Wisconsin	OWI	$150–$300	None (1st offense)	6–9 months
Michigan	OWI	Up to $500	Up to 93 days	180 days
Florida	DUI	$500–$1,000	Up to 6 months	180 days–1 year
Texas	DWI	Up to $2,000	72 hours–180 days	Up to 1 year
Nevada	DUI	$400–$1,000	2 days–6 months	185 days
Illinois	DUI	Up to $2,500	Up to 1 year	1 year minimum

Here’s what drunk driving laws look like in the states people search for most.

The criminal penalties the drunk driver faces depend on which state the accident happened in. Here’s what first-offense charges look like in the states people search for most.

California (DUI)

California uses DUI terminology and prosecutes impaired driving aggressively.

• First offense: $390–$1,000 in base fines (total costs exceed $2,000 with assessments), up to 6 months jail, 6-month license suspension
• DUI causing injury under Vehicle Code 23153 is a “wobbler” that can be charged as a felony
• Fourth DUI within 10 years becomes a felony regardless of injury

New York (DWI/DWAI)

New York uses DWI (Driving While Intoxicated) and has a lesser charge called DWAI (Driving While Ability Impaired).

• DWI applies at .08% BAC; DWAI applies at lower levels
• First offense DWI: up to 1 year jail, $500–$1,000 fine, 6-month license revocation
• Vehicular assault while intoxicated is a Class E felony

Texas (DWI)

Texas calls it DWI and imposes some of the steeper first-offense penalties in the country.

• First offense: up to $2,000 fine, 72 hours to 180 days jail, license suspension up to 1 year
• Intoxication assault (DWI causing serious bodily injury) is a third-degree felony with 2–10 years in prison
• Intoxication manslaughter carries 2–20 years

Florida (DUI)

Florida uses DUI and includes “actual physical control” language in its statute.

• Florida Statute 316.193 covers both driving and being in control of a vehicle while impaired
• First offense: $500–$1,000 fine, up to 6 months jail, 180 days–1 year license revocation
• DUI causing serious bodily injury is a third-degree felony

Wisconsin (OWI)

Wisconsin is the primary OWI state with notably lenient first-offense penalties.

• First offense is a civil forfeiture (not a crime): $150–$300 fine, license revocation for 6-9 months, no jail time
• Second offense becomes a misdemeanor
• OWI causing injury is a Class F felony with up to 12.5 years in prison
• Fourth OWI is a felony regardless of how long ago prior offenses occurred

Michigan (OWI)

Michigan uses OWI and has enhanced penalties for high BAC levels.

• First offense: up to 93 days jail, up to $500 fine, 180-day license suspension
• “Super drunk” law (.17% BAC or higher) doubles potential jail time
• OWI causing serious injury is a 5-year felony

Nevada (DUI)

Nevada uses DUI with relatively strict enforcement.

• First offense: 2 days to 6 months jail (or community service), $400–$1,000 fine, 185-day license revocation
• DUI causing substantial bodily harm is a Category B felony
• DUI causing death carries 2–20 years in prison

Illinois (DUI)

Illinois uses DUI with some of the harshest first-offense license consequences.

• First offense: up to $2,500 fine, up to 1 year jail, minimum 1-year license revocation
• Aggravated DUI causing bodily harm is a Class 4 felony
• Aggravated DUI causing death can be a Class 2 felony with 3–14 years

Georgia (DUI)

Georgia uses DUI and imposes mandatory minimum sentences.

• First offense: minimum 24 hours jail, $300–$1,000 fine, license suspension up to 1 year
• Serious injury by vehicle (DUI causing injury) is a felony with 1–15 years in prison
• Mandatory community service on first offense

What Does a DUI Conviction Actually Mean in California?

California treats DUI seriously. Here’s what the process looks like and what penalties someone convicted faces.

The Criminal Process

After a DUI arrest, two separate proceedings kick off. The DMV automatically starts an administrative license suspension, effective 30 days after arrest, unless the driver requests a hearing. Meanwhile, the criminal case moves through the court system, typically taking 3-6 months for a first offense, longer if it goes to trial.

First Offense Penalties

A standard first DUI conviction in California results in:

• Fines: $390–$1,000 base fine, but penalty assessments push the real total to $1,800–$2,600
• Jail: Up to 6 months, though most first offenders receive probation with minimal or no custody time
• License suspension: 6 months (restricted license often available after 30 days with IID installation)
• DUI school: 3-month program for standard DUI, 9 months if BAC was .20% or higher
• Probation: 3-5 years of informal probation

DUI Causing Injury

When a drunk driver injures someone, the charges escalate. Vehicle Code 23153 makes DUI causing injury a “wobbler,” meaning prosecutors can charge it as a misdemeanor or felony depending on the circumstances.

Felony DUI causing injury carries:

• 16 months to 4 years in state prison (longer with multiple victims or prior DUIs)
• Fines up to $5,000
• Habitual Traffic Offender status for 3 years
• Restitution to victims

Repeat Offenses

Penalties increase sharply with each subsequent DUI within 10 years. A fourth DUI becomes a felony regardless of whether anyone was injured, carrying 16 months to 3 years in state prison.

What If You Were Injured by a Drunk Driver?

The criminal case is between the state and the drunk driver. It can result in fines, jail time, and a conviction on their record. But it doesn’t automatically compensate you for your injuries. That’s what a civil claim does.

How a DUI Conviction Strengthens Your Case

California follows the negligence per se doctrine under Evidence Code Section 669. When someone violates a safety statute, and that violation causes injury, they’re presumed negligent.

In a typical car accident case, you’d need to prove the other driver did something careless. Maybe they were speeding or ran a stop sign. With a DUI conviction, the negligence question is essentially answered. The conviction establishes that they breached their duty of care by driving impaired. You still need to show their impairment caused the crash and that you suffered real harm, but the fault argument becomes much simpler.

Punitive Damages May Be Available

Beyond compensation for medical bills, lost wages, and pain and suffering, California allows punitive damages when a defendant acted with “conscious disregard” for others’ safety. Under Civil Code Section 3294, choosing to drive drunk can qualify.

Two important points: California has no statutory cap on punitive damages, though courts generally keep them proportional to compensatory damages. And insurance policies don’t cover punitive awards. Those come directly from the defendant’s personal assets.

The Bottom Line

Whether the driver who injured you faces OWI or DUI charges, those criminal proceedings can significantly strengthen your personal injury case. A conviction establishes negligence. Evidence from the criminal case supports your civil claim. And the reckless decision to drive drunk may entitle you to punitive damages beyond your actual losses.

If you’ve been hurt because someone else made an irresponsible choice behind the wheel, speaking with an attorney early can help protect your rights and ensure the full impact of your injuries is taken seriously. Contact DK Law for a free consultation.

About the Author

Elvis Goren

Elvis Goren is the Organic Growth Manager at DK Law, bringing over a decade of content and SEO expertise from Silicon Valley startups to the legal industry. He champions a human-first approach to legal content, crafting fun and engaging resources that make complex injury law topics resonate with everyday readers while driving meaningful organic growth.

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HomeWhat’s My Car Accident Settlement Worth If Not Wearing A Seatbelt?

What’s My Car Accident Settlement Worth If Not Wearing A Seatbelt?

Behind The Law Know Your Rights

Reading Time: 7 Minutes

January 31, 2026Michelle Lysengen

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You’re injured. You weren’t wearing your seatbelt. And now you’re terrified that one mistake cost you your entire case.

In California, you can absolutely still recover compensation for your injuries. The other driver caused the accident. That fact doesn’t disappear because you forgot to buckle up. What changes is the math. 

Your settlement gets reduced by a percentage based on how much not wearing a seatbelt contributed to your specific injuries. For most California cases, this reduction falls somewhere between 1% and 30%, depending on what injuries you sustained and whether a seatbelt would have prevented them.

Key Takeaways

• California follows “pure comparative negligence,” meaning you can recover damages even if you share some fault. Not wearing a seatbelt reduces your settlement but does not eliminate it.
• The landmark case Housley v. Godinez established that defendants must prove through expert testimony which specific injuries would have been prevented by seatbelt use.
• Unlike states such as Missouri (1% cap) and Oregon (5% cap), California has no statutory limit on seatbelt-related reductions. Juries decide the percentage.
• Ejection injuries see the highest reductions because seatbelts directly prevent ejection. Injuries unrelated to seatbelt protection, such as broken ankles from pedal impact, may experience no reduction.

Can I Still Get Compensation If I Wasn’t Wearing a Seatbelt in California?

Yes. California uses what’s called pure comparative negligence. This means you can recover damages even if you were partly responsible for your own injuries. The court simply reduces your award by your percentage of fault.

Violating Vehicle Code 27315 (California’s seatbelt law) doesn’t mean you caused the accident. The drunk driver who ran the red light? Still 100% responsible for hitting you. Your seatbelt violation only matters when determining how much worse your injuries became because you weren’t buckled in.

The courts made this crystal clear in Housley v. Godinez back in 1992. The defendant has the burden of proving two things: first, that you should have been wearing a seatbelt; and second, through expert medical testimony, exactly which injuries you would have avoided.

That second part is crucial. Insurance companies can’t just wave their hands and claim your injuries would have been less severe. They need actual biomechanical experts to analyze the crash dynamics, your body position, and the specific mechanism of each injury.

How Much Will the Insurance Company Reduce My Settlement?

This is where things get complicated.

You’ll see claims floating around that “typical reductions are 1-5%.” The truth? That number has no authoritative source. In Housley v. Godinez, the jury assigned a 30% reduction. Some cases see less. California law sets no maximum.

What actually determines your reduction:

Injury type matters most. Ejection injuries face the steepest reductions because seatbelts directly prevent ejection. Research published in the World Journal of Emergency Medicine found that unbelted occupants have significantly higher rates of hospital admission, ICU stays, and surgical intervention.

The crash dynamics matter. A head-on collision involves different forces than a T-bone or rear-end impact. Medical experts analyze whether a seatbelt would have changed the injury outcome for your specific crash.

Some injuries have zero connection to seatbelts. Broke your ankle when the floorboard crushed your foot? A seatbelt wouldn’t have helped. Suffered chemical burns from a ruptured fuel line? Same thing. These injuries should face no reduction at all.

Let’s say your claim is worth $200,000 before any reduction. If experts determine the seatbelt would have reduced your injuries by 15%, you’d recover $170,000 instead of $200,000. Still substantial. Still life-changing money.

Which Injuries Get Reduced the Most?

Not all injuries are created equal when it comes to the seatbelt defense.

Highest reductions (ejection injuries): When an unbelted occupant gets thrown from the vehicle, the connection between seatbelt absence and injury is undeniable. NHTSA data cited by IIHS shows that lap-shoulder belts reduce fatal injury risk by 45% for car occupants and 60% for SUV occupants. Ejection-related injuries face the most significant reductions because the causation is so direct.

Moderate reductions (head and chest trauma): Studies in Traffic Injury Prevention found traumatic brain injury rates dropped from 10.4% to 4.1% when seatbelts were used. Insurance adjusters will argue for moderate reductions on TBI, facial injuries, and chest trauma cases.

Minimal or no reduction (lower extremity injuries): Your legs and feet exist below the seatbelt’s protection zone. Crush injuries, ankle fractures, and knee damage often have no causal connection to seatbelt use.

Here’s what makes this interesting from a legal strategy standpoint: peer-reviewed research published in Frontiers in Public Health notes there are “no published standards or systematic approach” for quantifying how seatbelt non-use contributed to a specific claimant’s injuries. This lack of standardization gives your attorney room to challenge inflated reduction claims.

How Do Insurance Companies Weaponize the Seatbelt Defense?

Adjusters love this defense. They’ll use it to pressure you into accepting less money before you’ve even hired a lawyer.

Their playbook is predictable:

They lead with shame. “You weren’t wearing a seatbelt, so you caused your own injuries.” This framing ignores that someone else caused the accident. They’re banking on your guilt overwhelming your judgment.

They inflate the reduction percentage. Without expert testimony, they’ll throw out numbers like “50% reduction,” hoping you don’t know that such a drastic cut requires significant proof.

They are pressuring for an early settlement. Before you’ve had time to consult experts or understand your true injury prognosis, they want you locked into a lowball offer.

What you should never do: admit to the adjuster that you weren’t wearing a seatbelt. Let your attorney handle that conversation. What you say in early conversations can and will be used against you later.

What Steps Should I Take to Protect My Settlement?

Document everything from day one. Photographs of the accident scene. Medical records. Your own notes about how you’re feeling.

Get an attorney who understands medical causation. The seatbelt defense lives or dies on expert testimony. You need someone who can retain biomechanical engineers and medical specialists to challenge inflated reduction claims.

Don’t accept the first offer. Insurance companies test your desperation. That initial number represents what they hope you’ll take out of fear and confusion, not what your case is actually worth.

And for what it’s worth, California seatbelt compliance sits around 96.2%. Despite that high rate, 780 unrestrained occupants died in traffic crashes in 2023. You’re not alone in this situation. Plenty of good people make this mistake.

The Bottom Line

Not wearing a seatbelt complicates your case. That’s real. But it doesn’t destroy it.

The person who hit you is still responsible for the accident. California law acknowledges this by allowing you to recover damages even when you share some fault. Your settlement gets reduced, yes. But reduced isn’t eliminated.

What matters now is getting the right legal team in your corner. Someone who can challenge inflated reduction claims, retain the right medical experts, and fight for every dollar you deserve.

DK Law handles seatbelt cases across California.

If you’re wondering what your specific case is worth, call for a free consultation. No fee unless we win.

About the Author

Michelle Lysengen

Michelle is a content specialist at DK Law and creates content that highlights company events and breaks down complex legal topics into digestible, engaging content. She earned her B.A. in Marketing from California State University, Fullerton.

DK All the way

From Your Case to Compensation, we take your case all the way.

Schedule a Free Consultation

Get Expert Legal Advice at Zero Cost.

First Name

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Get a Free Consultation with our experts today!

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