Yes. The answer is yes, and it is not even close. If you were injured in Texas, you have the legal right to file a personal injury claim regardless of your immigration status. No exceptions. No conditions.
I am Rolando Quesada, a personal injury attorney at Guardia Law in Dallas. I am Hispanic. Spanish is my first language. I have represented undocumented clients who recovered hundreds of thousands of dollars after car accidents, workplace injuries, and other incidents caused by someone else’s negligence. If you or a family member was hurt and you are afraid to call a lawyer because of immigration status, call (214) 380-4000. The consultation is free and 100% confidential. No one will ask about your papers. Hablamos Español.
Texas Law Protects Every Person, Not Just Citizens
The Texas Constitution settles this question in plain language. Article I, Section 13 guarantees that “every person” shall have remedy by due course of law for injury to their person or property. Not every citizen. Not every legal resident. Every person.
That phrase is not accidental. The framers of the Texas Constitution chose it deliberately, and Texas courts have enforced it for over a century. If you are standing on Texas soil and someone injures you through negligence, you have the same legal rights as anyone else in the state.
This means if a distracted driver rear-ends you on I-35, if you fall from scaffolding on a construction site with no safety harnesses, if a forklift pins you against a wall in a warehouse, your immigration status does not reduce your rights by a single dollar.
Texas Courts Have Ruled on This Repeatedly
This is not theory or wishful thinking. Texas appellate courts have addressed immigration status in personal injury cases multiple times, and the holdings are consistent.
TXI Transportation Co. v. Hughes (Tex. 2010). The Texas Supreme Court held that immigration status is inadmissible in personal injury litigation. The court recognized that allowing such evidence would discourage an entire class of people from seeking legal remedies, which is exactly what the Texas Constitution prohibits.
Republic Waste Services v. Martinez (Tex. App. 2011). The family of an undocumented worker killed on the job recovered $1,408,491 in a wrongful death case. The employer argued that immigration status should reduce damages. The court disagreed and upheld the full verdict.
Tyson Foods, Inc. v. Guzman (Tex. App. 2003). An undocumented meat-packing worker recovered $745,496, including compensation for lost earning capacity. Tyson Foods tried to use the worker’s immigration status against him. The court said no.
Grocers Supply, Inc. v. Cabello, 390 S.W.3d 707 (Tex. App.—Dallas 2012). The Dallas Court of Appeals confirmed that the federal Immigration Reform and Control Act (IRCA) does not preempt Texas tort law. In plain English: federal immigration law does not block your right to sue for injuries in Texas.
Wal-Mart Stores, Inc. v. Cordova (1993). The court awarded future earning capacity calculated at United States wage rates, regardless of the plaintiff’s immigration status. Your earning potential is measured by what you earn here, not by what wages look like somewhere else.
These are real verdicts from real Texas courtrooms.
Your Biggest Fears, Addressed Directly
Fear keeps people from claiming what the law gives them. That fear is understandable. But it is based on misconceptions, and insurance companies benefit from every person who stays silent. Here is the truth.
Will filing a claim notify ICE or immigration authorities?
No. A personal injury claim is a civil matter between you and the person or company that injured you. Civil courts do not report to immigration agencies. Filing a lawsuit does not trigger any immigration proceeding.
Can the insurance company deny my claim because I am undocumented?
No. Insurance companies evaluate claims based on liability, injuries, and damages. Your immigration status is not a legal basis for denying or reducing a claim. If an adjuster even asks about your status, that is a red flag, and your attorney should handle it immediately.
Is my information safe with a lawyer?
Yes. Under the Texas Disciplinary Rules of Professional Conduct (Rule 1.05), your attorney has a legal obligation to keep all of your information confidential. That includes your immigration status. I cannot share it with anyone without your permission. Period.
Do I need a Social Security number to file a lawsuit?
No. You do not need an SSN, a driver’s license, an ITIN, or any government-issued identification to file a personal injury claim in Texas. What you need is an attorney who knows how to handle these cases properly.
Can my employer retaliate if I file a workplace injury claim?
It is illegal for an employer to fire, demote, or retaliate against a worker for exercising legal rights. If your employer retaliates, that creates an additional legal claim and increases your potential recovery.
Who This Applies To
Your legal rights do not depend on how you entered the country, whether your visa expired, or whether you have any documentation at all. Texas personal injury law applies to:
- Undocumented workers injured on construction sites, in restaurants, in warehouses, and in factories
- Passengers and drivers involved in car accidents, regardless of whether they have a license
- Workers’ compensation and nonsubscriber claims (Texas employers who opt out of workers’ comp cannot use your immigration status as a defense)
- Premises liability cases, including slip-and-fall injuries at stores, apartment complexes, and commercial properties
- Wrongful death claims filed by surviving family members
If someone else’s negligence caused your injury, the law protects you.
What to Do If You Are Undocumented and Were Injured
Get medical treatment immediately. Emergency rooms cannot turn you away based on immigration status. Federal law (EMTALA) requires hospitals to provide emergency treatment to everyone. Your health comes first.
Call an attorney before talking to any insurance company. Adjusters are trained to get information they can use against you. Do not give a recorded statement. Do not sign anything. Do not accept a quick settlement check. Call us first.
Do not post anything about the accident on social media. Insurance companies monitor Facebook, Instagram, and other platforms. Anything you post can be used to reduce your case.
Save everything. Photos of the accident scene, your injuries, your medical bills, and any paperwork from your employer. Give it all to your attorney.
After an accident, you are alone against a system designed to pay you as little as possible. Insurance companies deploy billion-dollar systems, technology, and resources to minimize what they pay. You do not have to be alone. An attorney is your equalizer.
A Note for Family Members and Advocates
Many people reading this are not the injured person. You are the son, the daughter, the spouse, the friend searching on behalf of someone you love. You are looking for answers because someone in your family was hurt and they are afraid to make the call themselves.
Here is what you need to know: everything discussed on this page applies to your family member. Their rights are real. Their case is confidential. And the consultation costs nothing.
If you are another attorney or an advocate and you have a client or community member who needs representation, we welcome referrals and co-counsel arrangements. Call (214) 380-4000.
Read the Spanish version of this guide.
Call Now. Your Consultation Is Free and Confidential.
Do not let fear cost you what the law guarantees. If you were injured because of someone else’s negligence, you have the right to pursue full compensation. Your immigration status does not change that.
Rolando Quesada speaks Spanish, understands your situation, and has represented people in exactly your position. Every consultation is free. Every case is confidential. We do not charge unless we win.
Call (214) 380-4000. Hablamos Español.
About the Attorney
Rolando Quesada, Managing Attorney, Guardia Law, PLLC Super Lawyers Texas Rising Star (2026) · Texas Bar No. 24083694 · 14-year trial attorney JD, SMU Dedman School of Law (2012). President, Hispanic Law Students Association · Board of Editors, SMU Science & Technology Law Review · Joseph W. McKnight Scholarship Recipient BA Economics, The University of Texas at Dallas (2009) First-chair jury trials to verdict. Bilingual native Spanish. Recognized by TopVerdict.com for multiple Top Texas Settlements (2020–2024).
Guardia Law, PLLC 6301 Gaston Ave, Ste. 1516 Dallas, TX 75214 (214) 380-4000 legal@guardialaw.com
The information on this page is not legal advice. Every case is different. Past results do not guarantee future outcomes. Contact our office for a free evaluation of your case.
