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Houston Personal Injury Lawyer > Blog > General > I am undocumented. Can I sue? Yes, you can!

I am undocumented. Can I sue? Yes, you can!

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The United States Constitution and Texas law say an undocumented injured person in Texas can file a personal injury claim and lawsuit.


Section 1.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

That’s right, the drafters of the constitution saw into the future. That is, they knew there would be a day when a visitor to this country would be injured while here. So, they saw to it that all injured persons—documented, undocumented, citizen, or not—can seek to recover for their injuries caused by someone else.


Repub. Waste Serv. Ltd v. Martinez, 335 S.W.3d 401, 411 (Tex. App.—Hou. [1st Dist.] 2011)

Texas judges have ordered that an [injured] undocumented worker can recover personal injury damages despite illegal status. See, e.g., Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233, 244 (Tex. App.—Tyler 2003, no pet.); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768, 770 n.1 (Tex. App.—El Paso 1993, writ denied). Also, section 406.092(a) of the Texas Labor Code says that a resident or nonresident alien employee is entitled to compensation under the Texas Workers Compensation Act. Tex. Lab. Code Ann. § 406.092(a) (Vernon 2006). In other words, illegal workers are treated the same as legal workers for purposes of asserting a workers’ compensation claim in Texas.


As you can see, the laws of the United States Federal Government and Texas both protect and allow the undocumented to sue for personal injuries caused by someone else.

Illegal/Undocumented and Injured? Hire Personal Injury Attorneys.

An experienced personal injury lawyer knows how to fight for you even if you are undocumented or here illegally. If you have injuries involving a personal injury accident of any kind, leave it to professional personal injury attorneys. Contact the Houston personal injury attorneys at today to schedule a free consultation and discuss your options to get your money.

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