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Mario: Hi Jason, I’m here in this country as an undocumented immigrant. I’m just wondering what would happen if I got into a car accident. Could I still sue if the accident wasn’t my fault?

Jason: Hi Mario, thank you for this question. Your immigration status doesn’t affect your ability to sue. You could still seek damages.

Mario: That is good news. I nearly had an accident the other day, which got me thinking about this.

Jason: In the state of Texas, anyone has the right to pursue a legal claim for injuries and damages caused by someone else’s negligence.

Mario: But even if I could sue like everyone else, couldn’t I still get in trouble for being here illegally?

Jason: The defense could not bring up your immigration status in this situation.

Mario: They couldn’t use to get out of paying me?

Jason: No, it would be a grievance against them because it’s an attempt to exert a criminal threat in a civil proceeding.

Mario: So they would get in trouble?

Jason: For bringing up that you are undocumented – yes. Your case must be treated like any other case.

Mario: Oh that’s good news. Could I sue for all the same stuff?

Jason: What you could sue for would depend on the unique circumstances of your case. For example, if you were injured, you could sue for your current medical expenses. Depending on your circumstances, you may be able to sue for future medical expenses too. You could also sue for property damage, pain and suffering, lost wages, and lost earning capacity if you experienced any of these as a result of the accident.

Mario: Could I call you if I need a lawyer?

Jason: Absolutely, Mario. You can call my personal cell at 210-591-9777.

Mario: Thank you, Jason.

DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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