Can i sue if i am undocumented? Answer is Yes. You can sue if you are undocumented in Texas. Texas courts are open to any injured person regardless of immigration status. You can file a personal injury lawsuit, recover medical bills, lost wages and pain and suffering and settle a claim without a Social Security number or a green card. The person who hurt you does not get a discount because of your paperwork.
That is the short answer. The longer answer is what most people actually want: who finds out, what happens if the other side brings up your status and how you prove lost income when you were paid in cash. This page covers each of those.
The legal basis, in plain English
Texas injury law protects persons, not citizens. The state’s two-year filing deadline in Tex. Civ. Prac. & Rem. Code ยง 16.003 and the fault-sharing rules in Tex. Civ. Prac. & Rem. Code ยง 33.001 say nothing about citizenship or lawful presence. No Texas statute conditions the right to sue for a physical injury on immigration status.
The constitutional footing goes back to Plyler v. Doe, 457 U.S. 202 (1982), where the Supreme Court held that the Fourteenth Amendment’s equal protection guarantee reaches undocumented people inside a state’s borders. That case was about public schools in Texas. Its reasoning is why courts treat undocumented plaintiffs as persons with the same access to civil courts as anyone else.
Texas courts have gone further and treated immigration status as something the defense usually cannot wave in front of a jury. In TXI Transportation Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010), the Texas Supreme Court found that evidence of a person’s unlawful immigration status and use of a false Social Security number was not relevant to the negligence questions in that case and that admitting it was harmful error. The court’s concern was simple: status has nothing to do with who ran the light and it invites a jury to decide the case on prejudice instead of facts.
What that means for your claim
An insurance adjuster who hints that your status weakens the case is negotiating, not stating law. Liability turns on who was negligent. Damages turn on your injuries. Neither test has an immigration question in it.
What your lawyer can and cannot disclose
Your lawyer cannot report you and cannot volunteer your immigration status to anyone. Everything you tell an attorney during a consultation is confidential under Texas Disciplinary Rules of Professional Conduct 1.05 and that confidentiality attaches whether or not you hire the firm. Attorneys have no duty to report immigration status to any agency and doing so without your permission would be a disciplinary violation.
The narrow exceptions to attorney confidentiality involve preventing a serious crime or death. Being in the country without status is not one of them.
Where status can come up anyway
Three places and each has a defense:
- Written discovery. The defense may serve questions asking about work authorization or Social Security numbers. Your lawyer objects and asks the court for a protective order under Tex. R. Civ. P. 192.6, arguing the request is not reasonably calculated to lead to admissible evidence.
- Deposition questions. Covered in its own section below.
- Medical and employment records. Records you sign for may contain an ITIN or an employer name. Your lawyer reviews what gets produced before it goes out.
Ask any lawyer you interview one question directly: have you handled cases where the defense tried to put immigration status in front of the jury and what did you file? A firm that has done it will answer in specifics.
Can I recover lost wages if I was paid in cash?
Yes. Cash wages count as lost income in a Texas injury claim. The law asks what you actually earned and what your injury took away, not whether an employer put it on a W-2. Cash pay makes the claim harder to prove, not smaller. You prove it with records that exist outside the payroll system.
What tends to work, in rough order of strength:
| Proof | Why it helps | How to get it |
|---|---|---|
| Tax returns filed with an ITIN | Strongest single document. Shows reported income in your own name. | IRS transcript request, or your tax preparer |
| Employer or supervisor statement | Confirms your rate, hours and start date | Signed letter or a short recorded statement |
| Bank deposit pattern | Shows a repeating weekly or biweekly amount | 12 months of statements |
| Money transfer receipts | Remittance history often mirrors earnings | Wire service records |
| Job site records and text messages | Establishes hours and days worked | Phone, crew schedules, sign-in sheets |
| Industry wage data | Fills gaps when personal records are thin | Bureau of Labor Statistics wage tables |
Two practical points. First, you can file taxes without a Social Security number using an Individual Taxpayer Identification Number and people who have filed with an ITIN generally have a much easier lost-wage claim. Second, future earning capacity is its own category of damages, separate from wages already missed and it is usually the larger number in a serious injury case. A back injury that ends framing work at 38 is a career loss, not a few missed paychecks.
What happens in a deposition if they ask about my status?
Your lawyer objects and in most Texas injury cases you do not answer. A deposition is sworn questioning before trial. Defense lawyers sometimes ask about immigration status to make a plaintiff nervous enough to accept a low settlement. Texas courts have limited that tactic and your attorney can instruct you not to answer and take the fight to the judge.
Here is the sequence, so nothing surprises you:
- Before the deposition, your lawyer files a motion asking the court to bar questions about immigration status, work authorization and Social Security numbers as irrelevant and unfairly prejudicial under Tex. R. Evid. 401 and 403.
- If a question comes anyway, your lawyer objects on the record and instructs you not to answer.
- The defense can ask the judge to compel an answer. Both sides brief it. Judges frequently keep status out, particularly when the case is about how a crash happened.
- If a narrow answer is ordered, your lawyer can ask for a protective order limiting who sees the transcript and sealing that portion of the record.
One rule matters more than all the others: never lie under oath about anything, including status. A refusal to answer, backed by an objection, protects you. A false answer hands the defense a credibility attack that can sink an otherwise strong case. Perjury is a real risk in a way that your status is not.
Most cases never reach this point. Over 90% of claims settle without a trial and the majority resolve in six to twelve months.
Three situations we hear about in the Rio Grande Valley
These are hypothetical illustrations, not client cases. They track the fact patterns that come up most often on calls to the office.
Rear-ended on Expressway 83, no license
Say a driver is hit from behind near Weslaco and has no Texas driver license. Not having a license does not make the crash your fault. Texas assigns fault by conduct and the driver who failed to control speed caused the collision. An unlicensed driver can still recover, though the defense will try to use it, which is one reason the police narrative and any dashcam footage matter early.
Fall from scaffolding, employer has no workers’ comp
Say a framer falls on a residential build and the contractor carries no workers’ compensation. Texas is unusual: private employers can opt out. An employer who opts out loses the main defenses it would otherwise have, which often makes a direct negligence suit stronger than a comp claim would have been. Immigration status does not change that math. If you are worried about being fired for filing, see the retaliation answer in the FAQ.
Passenger in an Uber, injured, no Social Security number
Say a passenger is hurt in a rideshare crash and has no Social Security number. Commercial policies in rideshare cases can be substantial. Settlement funds can be paid to a claimant without a Social Security number, typically using an ITIN for reporting where reporting is required and injury compensation for physical injuries is generally not taxable income. Paperwork is a logistics problem your lawyer solves, not a bar to getting paid.
Why the RGV calls a bilingual firm first
The Lopez Law Group, founded by Fernando J. Lopez, is a fully bilingual personal injury firm headquartered in Weslaco, Texas, serving the Rio Grande Valley and the rest of the state 24 hours a day. Attorney Lopez has been licensed in Texas since 2 November 2007, State Bar of Texas #24060186 and is also admitted in Kansas, Missouri, New Mexico and Washington D.C. The firm has recovered more than $25 million for clients and holds a 4.9 average across 122 or more reviews.
Two things matter more than those numbers when status is part of the worry. You speak with Attorney Lopez directly, not a case manager who relays messages. And the consultation is free, confidential and available in Spanish or English at any hour, because the call that decides whether a family gets help usually happens the night of the crash, not during business hours.
The firm works on contingency only. No win, no fee. Nothing upfront, nothing out of pocket and no fee at all unless money is recovered. If you want the mechanics, read how accident attorneys get paid.
Free and confidential case review: call (956) 968-7800, day or night, English or Spanish.
Deadlines you cannot afford to miss
Most Texas injury lawsuits must be filed within two years of the injury under Tex. Civ. Prac. & Rem. Code ยง 16.003. Miss it and the claim is gone no matter how strong it was. Some claims run on shorter clocks.
| Claim type | Deadline | Authority |
|---|---|---|
| Personal injury | 2 years from the injury | Tex. Civ. Prac. & Rem. Code ยง 16.003(a) |
| Wrongful death | 2 years from the date of death | Tex. Civ. Prac. & Rem. Code ยง 16.003(b) |
| Claim against a city, county or state agency | Written notice often due in as little as 6 months and city charters can require far less | Tex. Civ. Prac. & Rem. Code ยง 101.101 |
| Injured child | Clock generally paused until the child turns 18 | Tex. Civ. Prac. & Rem. Code ยง 16.001 |
More detail on the main deadline is on our page covering the Texas personal injury statute of limitations.
Frequently asked questions
Can I file an injury claim without legal status?
Yes. Immigration status does not bar a personal injury claim in Texas. You can file a claim with an insurance company and file a lawsuit in Texas state court, recover medical expenses, lost wages, future earning capacity and pain and suffering. No Texas statute makes lawful presence a condition of suing someone who injured you. The deadline is generally two years under Tex. Civ. Prac. & Rem. Code ยง 16.003.
Will the insurance company report me to immigration?
Insurance companies have no duty to report immigration status and generally have no reason to. Their job is to value and close the claim. An adjuster who raises your status is applying pressure to lower a settlement. Once you are represented, adjusters must go through your lawyer, which removes the direct-contact pressure entirely. Do not give a recorded statement before speaking with an attorney.
Does my lawyer have to disclose my status?
No. Your lawyer cannot disclose your immigration status without your permission. Attorney-client confidentiality under Texas Disciplinary Rules of Professional Conduct 1.05 covers everything you share, including during a free consultation and even if you never hire the firm. Attorneys have no reporting obligation to immigration authorities. Disclosing your status without consent would expose the lawyer to discipline.
Can I recover lost wages if I was paid in cash?
Yes. Cash wages are recoverable in a Texas injury claim. You prove them with tax returns filed under an ITIN, a signed employer or supervisor statement, bank deposit patterns, remittance receipts, job site records or industry wage data. Cash pay makes the claim a proof problem, not a smaller claim. Future earning capacity is a separate category and is often the larger figure in serious injury cases.
Will I have to appear in court?
Usually not. Over 90% of injury claims settle without a trial and most resolve in six to twelve months. If your case does not settle, you may be deposed and may testify at trial. Your lawyer can ask the court in advance to bar questions about immigration status under Tex. R. Evid. 401 and 403 and can request protective orders limiting who sees the record.
Can my employer retaliate if I file a claim?
Retaliation for filing a workers’ compensation claim in good faith is illegal under Tex. Lab. Code ยง 451.001 and that protection does not depend on immigration status. Firing, demoting or threatening a worker for filing can create a separate claim against the employer. Save texts, schedules and pay records and write down dates, because retaliation cases turn on the timeline.
Is the consultation confidential?
Yes. Consultations with The Lopez Law Group are free and confidential, in English or Spanish, 24 hours a day. Confidentiality attaches the moment you seek legal advice, whether or not you hire the firm. Nothing you say is reported to any agency. Call (956) 968-7800 or email [email protected].
Do I need a Social Security number to file an injury claim?
No. A Social Security number is not required to file an injury claim or a lawsuit in Texas and settlements can be paid to claimants without one. An ITIN is generally used where tax reporting is required. Compensation for physical injuries is generally not taxable income. Your attorney and the settlement administrator handle the paperwork.
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Related reading: personal injury lawyer in Weslaco, workplace injury lawyers in McAllen, car accident lawyer in McAllen, how workers’ compensation works in Texas and how insurance companies calculate injury claims.
Hurt and unsure whether you can file? Call The Lopez Law Group at (956) 968-7800. Free, confidential, bilingual, 24/7.
Reviewed by Fernando J. Lopez, Texas personal injury attorney, State Bar of Texas #24060186. Published 1 September 2026. Last updated 1 September 2026.
References
- Texas Civil Practice and Remedies Code ยง 16.003, Two-Year Limitations Period. statutes.capitol.texas.gov
- Texas Civil Practice and Remedies Code ยง 33.001, Proportionate Responsibility. statutes.capitol.texas.gov
- Texas Labor Code ยง 451.001, Discrimination Against Employees Prohibited. statutes.capitol.texas.gov
- Texas Disciplinary Rules of Professional Conduct, Rule 1.05, Confidentiality of Information. State Bar of Texas. texasbar.com
- Individual Taxpayer Identification Number (ITIN). Internal Revenue Service. irs.gov
- TXI Transportation Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010). Texas Judicial Branch opinions. txcourts.gov
