If you lack legal immigration status, suffering an injury can cause many concerns. Among them is whether you can hold the person who caused the accident accountable and seek compensation.
Establishing your legal right
Your immigration status does not remove your right to pursue a personal injury claim in Texas. To recover compensation, however, you must establish that the other party was at fault for the accident and negligent.
Proving fault begins by showing that this party owed you a duty of care and failed to meet it. The evidence must then connect that conduct to your injury and its financial and personal effects.
Identifying your recoverable losses
The compensation available depends on the losses caused by the accident. Based on the nature and severity of your injuries, these may include:
- Medical expenses for necessary treatment, hospital stays and ongoing care
- Lost income for time you could not work during your recovery
- Reduced earning capacity for lasting restrictions on your future work
- Pain and suffering for the physical discomfort and emotional distress you experienced
Wage-related losses require proof of what you earned before the injury and how your ability to work changed afterward. Pay stubs, tax returns and employment records can provide that support, while an attorney may use bank statements, job history and witness testimony when you lack formal paperwork.
Clarifying common misconceptions
Settlement discussions do not usually pause the deadline for bringing a lawsuit. In most Texas personal injury cases, you have two years from the date you were hurt to file, although exceptions and earlier notice requirements can apply.
Limited English does not prevent you from taking part in a claim. Language assistance may be available during consultations and meetings, and you can request a qualified interpreter if the matter reaches court.
Pressure based on your immigration status is different from a routine request for case details. If someone threatens to make a report, preserving messages or other evidence can document what happened and allow an attorney to assess your options.
Addressing immigration concerns
Discussing concerns about your immigration status with an attorney gives them a clearer understanding of your situation. That conversation can also give you a clearer idea of what to expect at each stage of the claim.
Many claims are resolved through negotiations with the insurance company, while others require a lawsuit when the two sides cannot agree. A lawsuit brings in formal discovery, in which each side may request documents, written answers or testimony.
Requests for information can arise during the settlement process or discovery. Counsel can guide your response, object to overly broad questions and work to keep unrelated details out of the proceedings.