Yes. If someone else’s carelessness hurts you, your immigration status is not what decides whether you can hold them accountable. You still have the right to file a lawsuit, pursue a fair settlement, and ask a Texas court to make the responsible party pay for your medical bills, lost income, and pain.
If you were injured in a car accident, truck accident, workplace incident, slip and fall, or another accident caused by someone else, you should not assume that you have no legal options because you are undocumented. Talk to a personal injury attorney at Guzman Law Firm before deciding not to pursue your claim. An attorney can explain your rights and help you understand how your immigration status may or may not affect the specific circumstances of your case.
Call us today: (956) 516-7198
Why some undocumented immigrants do not pursue damages
For many undocumented immigrants living and working in Laredo, the biggest obstacle to pursuing a personal injury claim is not the injury itself. It is fear.
You may worry that filing a lawsuit will bring you to the attention of immigration authorities. You may be concerned that going to court, giving a deposition, or seeking money from an insurance company could jeopardize your ability to remain in the United States.
Those concerns are understandable. But they should not cause you to automatically abandon a legitimate personal injury claim.
What does the law actually say?
The intersection between civil vs. immigration law addresses this scenario at both the federal and state levels:
Federal immigration laws
Immigration law governs matters such as whether a person is authorized to enter or remain in the United States. A personal injury lawsuit, by contrast, asks whether another person or business was legally responsible for causing an injury and, if so, what damages resulted.
The U.S. Supreme Court has recognized that undocumented immigrants are still “persons” entitled to equal protection under the Constitution, including equal protection of the laws. In Plyler v. Doe, the Court rejected Texas’s argument that a person’s unlawful immigration status placed that person outside the state’s jurisdiction for purposes of the Fourteenth Amendment.
That does not mean immigration status is legally irrelevant in every possible proceeding. Federal immigration law remains separate from Texas personal injury law. But being undocumented does not, by itself, eliminate your ability to seek a civil remedy when someone else causes you harm.
Texas state laws
Texas courts have also addressed immigration status in personal injury litigation. In Tyson Foods, Inc. v. Guzman, a Texas appellate court rejected the argument that federal immigration law prevented an undocumented plaintiff from recovering damages for lost earning capacity in a common-law personal injury case. The court specifically stated that Texas law does not require citizenship or federal work authorization as a prerequisite to recovering damages for lost earning capacity.
Similarly, the Texas Supreme Court has addressed the use of immigration-status evidence in civil litigation. In TXI Transportation Co. v. Hughes, the Court held that evidence concerning an individual’s undocumented status was not relevant to the merits of the negligence claims in that case and was improperly admitted under the circumstances. The Court emphasized that immigration status did not cause the accident and was not something the plaintiffs had to prove to establish their claims.
In other words, a personal injury case is generally about the accident, the responsible party, your injuries, and your resulting losses — not whether you have an immigration case.
Texas law also establishes deadlines for personal injury lawsuits. In most cases, Texas Civil Practice and Remedies Code § 16.003 provides a two-year limitations period for bringing a personal injury lawsuit. Your immigration status does not mean you should wait until that deadline approaches. Evidence can disappear, witnesses can become difficult to locate, and the insurance company may use the passage of time to challenge your claim.
When can immigration authorities get involved?
It is important to distinguish between filing a civil claim versus committing a criminal offense that independently creates an immigration or criminal issue. Simply being injured by someone else’s negligence does not make you a criminal. But circumstances surrounding an accident can sometimes involve separate criminal conduct.
For example, imagine an accident involving a person who is alleged to have committed a federal immigration offense, used fraudulent identification documents, or committed another crime connected to the circumstances of the accident. Those allegations may create issues that are separate from the underlying civil claim.
Because immigration and personal injury law can overlap in complicated circumstances, anyone with concerns about their status should discuss those concerns with an attorney before making decisions about a claim.
Continue reading: What Is the Punishment for Crossing the Border Illegally?
What damages can an undocumented immigrant seek?
Immigration status does not automatically erase the financial consequences of an injury. Texas appellate courts have specifically rejected the argument that an undocumented plaintiff is categorically barred from recovering lost earning capacity.
Depending on the circumstances, damages may include:
- Medical expenses
- Lost income or earning capacity
- Physical pain, impairment, or disfigurement
- Mental anguish
There can, however, be complicated questions about how particular damages should be calculated and what evidence supports them. If you were paid in cash, worked without traditional payroll records, or do not have extensive employment documentation, an attorney may need to develop other evidence showing your income and the financial impact of your injuries.
When should you call a personal injury lawyer?
If you are undocumented and injured because of someone else’s negligence, consider speaking with a personal injury attorney as soon as possible.
Do not wait until you know whether your injuries will become permanent. Do not assume an insurance company will automatically treat you fairly. And do not sign a settlement agreement simply because you are worried that refusing it will create additional problems.
An attorney can investigate the accident, identify potentially responsible parties, preserve evidence, evaluate your injuries, communicate with insurance companies, and explain the potential damages available under Texas law.
Just as importantly, you can tell your attorney about your immigration concerns before deciding how to proceed. Those concerns deserve to be part of the legal conversation, rather than a reason to walk away from a claim without understanding your options.
Injured and undocumented? Call Guzman Law Firm.
An accident can leave you facing medical bills, lost income, pain, and uncertainty about what happens next. Being undocumented can add another layer of fear to an already difficult situation. But you should not assume that you have no rights simply because you do not have legal immigration status.
Can illegal immigrants sue for personal injury? Yes. And if someone else’s negligence injured you in Laredo or elsewhere in Texas, Guzman Law Firm will hear you out. With extensive experience in both personal injury and federal immigration laws, our Laredo-based personal injury team can listen to what happened, answer your questions, and explain your legal options based on the facts of your case.
You do not have to figure out the civil claims process alone. If you were injured and are concerned that your immigration status prevents you from pursuing compensation, contact Guzman Law Firm at (956) 516-7198 to discuss your situation with a personal injury attorney.
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