Q: Can an illegal immigrant file a car accident case in Texas?
Many undocumented immigrants drive in Texas every day, and some of these motorists may hesitate to pursue an accident claim because they're in the United States illegally.
However, the right to sue in Texas isn't based on citizenship. An illegal immigrant who injured in a vehicle accident has the right to file a personal injury claim to pursue damages without jeopardizing their immigration status.
Illegal Immigration and the Right to Sue
While many illegal immigrants in Texas may worry that pursuing a vehicle accident claim will endanger them, there are several reasons why this isn’t true.
The Fourteenth Amendment to the United States Constitution protects individuals suspected of committing a crime. The amendment guarantees that no person in America may be deprived of their life, liberty, or property without a trial, regardless of their immigration status.
This legal principle was affirmed in the case of TXI Transp. Co. v. Hughes. The Supreme Court of Texas held that an individual's immigration status cannot be used to impugn their character in court. Furthermore, Texas courts ruled that an injury victim illegally employed in the U.S. may still recover damages for lost wages and earning capacity. Persons in the country illegally are also granted the right to sue because:
● Legal ethics rules prohibit defense attorneys from threatening personal injury plaintiffs due to their immigration status.
● Insurance companies cannot use immigration status as an excuse to deny personal injury claims.
Don’t Hesitate to File a Car Accident Claim
If you were injured in a vehicle accident, don't let your immigration status prevent you from pursuing the compensation you deserve. Instead, schedule a free, confidential consultation with a personal injury attorney to discuss your claim. You may be entitled to receive payments for your medical bills, loss of income, and pain and suffering.
To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.