The Indiana Supreme Court recently decided in Escamilla v. Shiel Sexton Company, Inc., that an unauthorized immigrant can claim lost earnings or diminished earning capacity in an injury lawsuit and his/her immigration status is irrelevant and inadmissible unless the defense can show it is more likely than not that the plaintiff will be deported.
This is a huge victory for residents throughout the state of Indiana. A link to the Court’s decision is here: http://www.in.gov/judiciary/opinions/pdf/05041702lhr.pdf.