Passersby often observe the sprawling construction sites in San Antonio, watching workers scale scaffolding under the relentless Texas sun or witness the bustling, high-energy kitchens of local restaurants. These scenes highlight the immense labor that powers the state and raise universal questions regarding fairness and legal protections. A critical question arises: If a worker, who may be undocumented, is injured on the job or in a car accident, what happens next? Do they possess legal rights, or does the courthouse door slam shut based on their immigration status?
The definitive answer is yes. In the eyes of a Texas civil court, the right to seek justice for an injury does not depend on immigration status. While the courthouse doors are open to everyone, the legal path can be complex.
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The Legal Bedrock: Why Everyone Has the Right to Sue in Texas
Texas civil law is designed to focus on the tort, the wrongful act that caused harm, rather than the identity or background of the person harmed. The court’s primary concern is whether negligence occurred and, if so, who is liable for the resulting damages. The system is built to remedy a wrong, regardless of the victim’s legal standing.
This access to justice is reinforced by the U.S. Constitution, which extends fundamental protections to persons, not just citizens. This distinction is a cornerstone of the American legal system, ensuring that everyone physically present in the country has certain inalienable rights, including the right to seek a remedy in court.
Because many individuals are tragically unaware of this reality, they may avoid seeking compensation for devastating injuries. Dedicated legal advocates work to close this gap in understanding, operating on the belief that everyone deserves guidance regardless of their legal status.
The Big Hurdle: Proving Lost Wages and Earning Capacity
While the right to file a lawsuit is clear, the process becomes more difficult when calculating compensation. Specifically, the central conflict often involves lost income and the ability to earn in the future. In these instances, a simple injury case can transform into a complex legal battle where specialized advocacy becomes critical.
The Defense’s Main Argument
Defense attorneys for at-fault parties frequently argue that because an undocumented person is not legally authorized to work in the United States, they cannot claim lost U.S. wages. Instead, they may push to have future lost earnings calculated based on the lower wages the person might have earned in their country of origin. This argument can significantly devalue a person’s claim.
| Compensation Factor | The Defense’s Argument | The Plaintiff’s Reality |
| Basis for Lost Wages | Based on what the person could legally earn (potentially zero in the U.S.) or home country wages. | Based on what the person was actually earning in the local Texas economy. |
| Legal Justification | Federal immigration law (e.g., Hoffman Plastic Compounds, Inc. v. NLRB). | Texas state personal injury law, which focuses on making the victim whole. |
| Impact on Settlement | Often reduces the value of the claim by over 90%. | Aims for fair compensation reflecting true financial damage. |
How Committed Advocates Fight Back
A skilled attorney argues that Texas personal injury law requires a jury to look at the reality of the injured person’s life. They focus on the plaintiff’s actual earning capacity within the community where they lived and worked, rather than a hypothetical potential in another country.
Firms deeply rooted in border communities are often best equipped to navigate these challenges. For example, The Law Offices of Oscar Garza has built a reputation on this specific advocacy. Having grown up on the South Texas border, founder Oscar Garza possesses a firsthand understanding of the legal and social hurdles faced by individuals and families from both sides of the U.S.-Mexico border.
This approach prioritizes cultural competence and bilingual representation, ensuring clarity when discussing complex legal details. Such firms demonstrate a proven track record of fighting for marginalized victims, with accolades from the National Trial Lawyers and the Multi-Million Dollar Advocates Forum. An attorney’s role is to ensure the jury sees a human being who has been harmed, not an immigration status.
Fear, Intimidation, and Rights in Court
The primary reason undocumented persons hesitate to seek justice is the fear of deportation. This is a valid concern given the climate of immigration enforcement in Texas. However, the civil justice system is designed with specific protections to prevent this fear from obstructing justice.
In a Texas personal injury case, a person’s immigration status is almost always considered irrelevant to the facts and highly prejudicial. Judges typically prevent the defense from raising the issue to bias in a jury.
Protections Available to Plaintiffs:
Frequently Asked Questions
Q. Can lost wages be claimed if the person was paid in cash?
Yes. While pay stubs are helpful, income can be proven through testimony from the plaintiff, family, or coworkers, as well as informal financial records.
Q. Will an insurance company report a claimant to ICE?
This is extremely unlikely. The insurance company’s goal is to resolve a legal claim; attempting to act as an enforcement agency could expose them to legal trouble for intimidation.
Q. What types of compensation can be recovered?
Undocumented victims can seek the same damages as any other victim: medical bills, lost wages, pain and suffering, and physical impairment.
Q. Can a family sue for wrongful death if the deceased was undocumented?
Yes. In Texas, eligible family members can file a wrongful death lawsuit to seek compensation for their own losses, regardless of the deceased’s status.
The Scales of Justice
Under Texas law, a person’s humanity and their right to be made whole after an injury are the primary focus of a civil court. While defendants may attempt to use fear as a weapon, the legal framework provides a clear path to justice. Legal literacy is the first step toward ensuring that the system remains accessible to all members of the community.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Individuals should consult with a qualified professional regarding their specific situation.
