Can an Illegal Immigrant Still Have a Personal Injury Case in Texas?

When it comes to personal injury law in Texas, one critical question that often arises is whether illegal immigrants have the right to file a personal injury claim. Despite the complexities surrounding immigration status, the answer is straightforward: Yes, illegal immigrants can pursue personal injury claims in Texas. Understanding your rights and navigating the legal system can be challenging, but Ryan Orsatti Law is here to help.

Texas law protects all individuals, regardless of their immigration status. According to the Texas Constitution and the Texas Civil Practice and Remedies Code, anyone who suffers harm due to another’s negligence has the right to seek compensation. This includes illegal immigrants who may have been injured in various scenarios such as car accidents, workplace accidents, or other forms of personal injury.

Common Myths and Misconceptions

  1. Myth: Illegal immigrants cannot file lawsuits.
    • Fact: Immigration status does not bar individuals from filing personal injury claims. Texas courts focus on the facts of the case, not the immigration status of the plaintiff.
  2. Myth: Pursuing a claim could lead to deportation.
    • Fact: Personal injury cases are civil matters and do not involve immigration enforcement. Your attorney’s duty is to protect your rights and confidentiality.
  3. Myth: Compensation is lower for illegal immigrants.
    • Fact: Compensation is based on the injury’s impact, not the victim’s immigration status. Illegal immigrants are entitled to the same compensatory damages as anyone else.

Steps to Take if You’re an Illegal Immigrant Injured in Texas

  1. Seek Medical Attention: Your health is the top priority. Ensure you receive appropriate medical care and keep records of all treatments.
  2. Document the Incident: Gather evidence such as photos, witness statements, and police reports.
  3. Consult a Personal Injury Attorney: Legal guidance is crucial. An experienced attorney like those at Ryan Orsatti Law can help navigate the complexities of your case and ensure your rights are protected.
  4. File a Claim: Your attorney will help you file the necessary paperwork and represent you in negotiations or court proceedings.

Choosing the right personal injury attorney is vital. At Ryan Orsatti Law, we understand the unique challenges faced by illegal immigrants and are dedicated to providing compassionate and effective legal representation. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Case Studies

  1. Workplace Injury: An undocumented construction worker was injured on the job due to unsafe conditions. Despite fears of deportation, he successfully filed a claim and received substantial compensation for medical expenses and lost wages.
  2. Car Accident: An illegal immigrant involved in a car accident was initially hesitant to pursue legal action. With the help of an attorney, she secured a settlement that covered her medical bills and vehicle damage.

Resources for Further Information


Illegal immigrants in Texas have the right to pursue personal injury claims. Understanding and asserting these rights can be daunting, but with the right legal support, you can secure the compensation you deserve. Ryan Orsatti Law is committed to advocating for your rights and ensuring you receive justice.