Can Illegal Immigrants Sue?

Coping with injuries caused by someone else’s negligence is stressful regardless of your immigration status, but this can be especially true if your status is in question or otherwise illegal. However, this doesn’t mean you don’t have the right to recover the losses you suffer from your injuries. 

Our Houston personal injury lawyer with The de la Garza Law Group understands the unique circumstances you may be facing in a personal injury case like “can illegal immigrants sue”? We are committed to fighting for justice, holding responsible parties accountable, and making our community safer. Habla con un abogado.   

The Impact of Immigration Status on a Personal Injury Case

The most important takeaway from this page is that your immigration status does not affect your ability to recover losses after someone else’s negligence causes injuries. If it comes up at trial, our team of personal injury lawyers may reference Republic Waste Services Vs. Martinez to convince them that sharing your immigration status with the jury would be prejudicial. (See Republic Waste Servs., Ltd. v. Martinez, 335 SW.3d 401 (Tex. App. – Houston [1st Dist.] 2011, no pet.)).

If you do not have documentation of legal status in the United States, you may also lack a driver’s license, and driving without one is a crime in Texas. If you were driving, it might bring valid concerns about your situation if you have violated traffic laws, even if another person caused the car accident that injured you. While these legal complications may cause an arrest or imminent deportation, it does not negate your right to recover compensation for your injuries or hold the responsible person or entity accountable for their negligence.

It is worth noting that if you were simply a passenger in the vehicle, you may not encounter these problems. If you encounter police as a passenger following an accident, the best way to protect yourself is to stay calm and polite and not volunteer information about your immigration status. 

Undocumented Workers’ Compensation 

If you were injured at work, you are also entitled to receive Workers’ Compensation benefits. Your employer cannot deny benefits based on immigration status. If they deny the coverage you are entitled to, you have the right to speak with a personal injury attorney to pursue a lawsuit in civil court and file a complaint through the Texas Department of Insurance. 

While your immigration status is not directly relevant to your ability to file the claim, it may affect what you receive for compensation for things like lost wages. When the courts review your pay history and discover you have not paid taxes during your time on the job, this could negatively affect your credibility and the integrity of the entire case.

Barriers to a Personal Injury Claim 

If you are an undocumented immigrant, you may avoid recovering a fair settlement for your injuries. This may be due to fear of discovery and deportation by engaging with the court system or countless other factors that we may be able to help you address.

Language Barriers

Language barriers are often a reason immigrants may not pursue a legal claim. If you are not relatively fluent in English, functioning daily can be challenging enough without adding the additional stress of what native speakers often call ‘legalese.’ At The de la Garza Law Group, our Personal injury attorney in Houston, TX, can support Spanish and English speakers. 

Limited Financial Resources

Many undocumented immigrants and even workers are fighting to make ends meet, leaving little room for extra costs like legal fees. However, at The de la Garza Law Group, we operate on contingency, which means you don’t accumulate any fees or costs unless we win your case. When we sign a contingency fee agreement, you don’t have to pay anything upfront but generally a percentage of your award. When you speak with our personal injury or workplace accident lawyer, you can better understand how this may impact your settlement. 

Unfamiliar with the Legal System

If you are unfamiliar with the legal system, as many migrants or refugees are, you may be afraid that simply seeking to recover the costs of your medical care may flag you for additional immigration issues. While something like a car accident may immediately trigger law enforcement presence, if you have suffered a workplace or burn injury, you may have avoided this kind of interaction. If this is the case, you may be concerned that pushing back will put you in the hands of immigration. 

Credibility

One of the more significant challenges you may face during a lawsuit is credibility, which can make it especially important to ensure you have enough objective evidence to support your claims. If you don’t have evidence of legal residency, the insurance company may use your fear of engagement with the legal system against you to give you unfair offers. Illegal immigrants may possess additional vulnerabilities, but this tactic pushes countless injury victims to find representation. 

Trust

When you reside in the United States with an illegal immigrant status, you may have learned to be distrustful of many individuals, professionals, and organizations, making you less likely to seek help if you need it. You may worry that your illegal status may disqualify you from seeking compensation in court. 

The Legal System as a Migrant 

One of the first things to remember is that the Constitution often uses person-based language, not citizen-based language. This is often interpreted to mean that you have rights while in the United States, regardless of citizenship status. While you are not granted all of the constitutional rights granted to citizens or legal permanent residents, you do have the right to consult an attorney in civil matters. 

Your status as an illegal alien doesn’t change your rights to pursue justice and accountability for negligent parties. Still, it will likely impact how your personal injury case is handled. Whether your case is for a defective product case or the wrongful death of a loved one, you may have to make adjustments to the types of damages you claim or how you build your case. 

Pursuing compensation after an injury can be overwhelming, even more so if you are concerned that your attorney will report your immigration status to the authorities. In Texas and federal law, the attorney-client relationship is protected to encourage free communication between an attorney and their client. This also means that your attorney is obligated to keep your immigration status and anything else you discuss confidential.

Types of Personal Injury Cases You May Pursue as an Alien Without Legal Status

Personal injury is a broad area of law that essentially refers to any situation in which negligent action or inaction caused significant injury to another party. Most commonly, we think about car accidents, which are likely to cause the most complicated cases due to the likelihood of additional citations and possible ICE involvement before settlement negotiations. 

However, you may pursue personal injury claims for many kinds of injuries, including:

• Slip-and-fall 
• Construction accidents 
• Work Injuries
• Traumatic brain injury 
• Lyft or Uber Accidents
• Bus accidents

In many of these situations, you may be an innocent victim simply trying to take transportation to work, school, or medical appointments or make a living for your family. These situations may be less likely to bring you into contact with law enforcement or your immigration status into question. This may allow you to approach your case more like any legal visitor or resident. 

What to Expect in a Personal Injury Case

Most Texas personal injury cases will follow a similar pattern process with slight variations based on the details of your situation. Most personal injury cases start outside of the courtroom. Your attorney will work with you to gather evidence and build your case. 

We will use this evidence to negotiate a settlement offer with the insurance company or other parties. If we are unable to come to an agreement on a fair amount, you may choose to continue with a lawsuit that will take your case before a judge. The other party may continue to offer settlement amounts during this time. However, if you are still unhappy with the offers, the case will go before the judge for determination. 

Building a Strong Case

The specific conditions of your injuries and steps to protect yourself will vary. However, some general guidelines will hold regardless. After you have contacted an attorney and have had your injuries assessed and emergent needs met, there are several steps you may take to improve the strength of your case. These include:

• Ensure physical safety, including emergency medical care if necessary
• Take photos of the injury site
• Get photos of your initial injuries
• Get contact information or witness statements for any
• Contact an attorney
• Report the incident to the appropriate party (property owner, manager, etc.)
• Seek evaluation from a medical provider

Reducing Liability 

One of the most important things you can do to reduce your liability in a civil case is to avoid discussing your case more than necessary. This includes sharing social media updates or details of your case with friends and family. Additionally, it is best to avoid signing any kind of agreement or accepting any degree of responsibility without speaking to your attorney. 

Insurance companies have a primary goal of protecting their money, and they will often use anything they can gather against you to make you doubt the value of your case and accept a low offer without taking it to court. If you speak with the insurance company before retaining an attorney, keep your statements truthful and concise, answering only what is asked. 

Similarly to encountering a police officer after a car or vehicle accident, the best steps you can take to reduce your own liability in a case is to utilize your right to consult an attorney, keep answers short, and avoid offering any information that was not explicitly requested or ordered with a warrant signed by a judge. 

Filing a Lawsuit as a Refugee

If you have come to the United States seeking asylum as a refugee, you may face similar concerns regarding any involvement in the legal process. Maintaining your refugee status requires you to stay out of legal trouble, and filing a lawsuit for injuries someone else caused you will not go against that. 

These disqualifiers are considered violent crimes, including fraud or theft. Filing a personal injury case or workers’ compensation with a workplace accident attorney does not fall under these categories and will not reflect poorly on you. If you have concerns regarding how or if a personal injury case may affect your status as a refugee or asylum seeker, you can speak with our personal injury attorney.

Considerations for an Attorney

Finding an attorney you can trust is important to a successful personal injury case. As an illegal immigrant, any reputable personal injury lawyer or workers’ compensation attorney in Houston, TX, is likely to provide competent representation in your case. However, you will likely receive the most appropriate representation if you find someone with immigration experience. This experience may help navigate some of the more sensitive areas of your case to prevent unnecessary hurdles related to your immigration status. Examples include making convincing arguments to keep your immigration status from being shared with the jury should it become known. 

If English is not your first language, consider seeking bilingual representation. Our team at The de la Garza Law Group can provide services in English and Spanish, ensuring you receive timely and accurate translations without relying on virtual translators or web apps like Google Translate. 

When looking for representation for a personal injury or work injury case, your attorney’s assessment of your case must align with what you want from it. For example, it may not be a good working relationship if your attorney feels your case may be valued at $5,000 if you want $100,000. Finally, when you spoke with the attorney or firm, did they genuinely listen to what you said? Did you feel heard and understood? 

Even as an Illegal Immigrant, You Have Rights 

If someone else’s negligent behavior has caused injury, you have the right to pursue compensation for those injuries and to hold the responsible party accountable. While your immigration status may require minor changes in the type of compensation you request or how your Houston, TX, personal injury attorney negotiates, it does not change your rights to pursue justice. The de la Garza Law Group will fight for your right to compensation for your injuries while respecting the sensitive nature of your situation. You can contact us by phone or online to schedule a free case evaluation and discover your legal options. You should not have to suffer without recourse. Call us today for a consultation in English or Español.