Can an illegal immigrant file a personal injury lawsuit in Texas

Asked over 1 year ago - Fort Worth, TX

I was driving north on a 3 lane road and got hit a by a driver coming from the south direction when he made a left turn at the traffic light intersection without yielding and slammed into me. He hit me front /left damaging the vehicle and causing cervical and back injuries. Can an illegal immigrant in Texas file a lawsuit and can the defendants attorney ask about my legal status during a deposition or is it unethical since it has nothing to do with the accident. And would I have to answer. Thank you.

Attorney answers (9)

  1. Parker Price Polan

    Contributor Level 13

    12

    Lawyers agree

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    Answered . An illegal immigrant can file a lawsuit. Texas injury laws apply to all persons injured here, regardless of immigration status.

    www.AustinTrialLawyers.com

  2. Brian Heath Crockett

    Pro

    Contributor Level 16

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    Answered . Immigration status is irrelevant ansd generally inadmissible in Texas. Anyone injured in Texas has a right to trial and compensation. Any questions please let me know.

    Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do... more
  3. K Alexandra Monaco

    Contributor Level 9

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    Answered . You can file a lawsuit even though you have no legal immigration status. However, if you file a claim for lost wages, past and future, you immigration status will come up as the defense will most likely argue you had no legal right to work. Make sure when you obtain an attorney for your personal injury claim that he consults with an immigration attorney. I have consulted on many such cases in my jurisdiction.

  4. Daniel Nelson Deasy

    Contributor Level 20

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    Lawyers agree

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    Answered . Talk to a local personal injury AND a local immigration attorney before you put yourself out there in teh public setting!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. George Costas Andriotis

    Pro

    Contributor Level 20

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    Answered . Yes. They are still afforded the rights of citizens when injured.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Michael Shemtoub

    Contributor Level 17

    11

    Lawyers agree

    Answered . The moment an illegal immigrant files a lawsuit, it becomes possible to be sent home.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  7. Kevin Coluccio

    Contributor Level 20

    10

    Lawyers agree

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    Answered . To answer your question - yes. Legal status will likely be excluded at trial.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Yes. Retain one of the lawyers above from your state.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

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    Answered . It is unethical for an attorney to threaten any type of criminal prosecution in order to gain an advantage in a civil matter. However, I can see an insurance defense attorney willing to raise this issue in subtle ways to prejudice your claim. In order to best protect yourself, you should start by obtaining competent personal injury counsel. Your attorney can help prevent an abuse of the system.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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