Frequently Asked Questions
Straight answers to the questions we hear most.
Yes. Immigration status generally does not prevent someone from pursuing compensation when another person causes an accident or injury.
A personal-injury claim is a civil matter, not an immigration proceeding. However, no attorney should promise that there is absolutely no immigration risk in every situation. Discuss any concerns privately with your attorney.
Your conversations with your attorney are generally confidential. In Texas, immigration-status evidence may also be excluded when it is irrelevant and unfairly prejudicial. The attorney should object to unnecessary questions about immigration status.
Not necessarily. A law firm may use another form of identification, such as a passport, consular identification card, foreign driver’s license, or ITIN. The firm should explain exactly what documents it requires.
Yes. The attorney may be able to help locate providers willing to treat the client while the case is pending. The client may remain responsible for the bills if the case is unsuccessful or the recovery is insufficient.
Yes. Under federal EMTALA requirements, most hospital emergency departments must provide an appropriate medical screening and stabilizing treatment for an emergency condition regardless of immigration status or ability to pay.
Potentially. Recoverable damages may include reasonable and necessary medical expenses related to the accident, depending on liability, available insurance, medical evidence, and Texas law.
Possibly, but documentation is important. Helpful evidence may include payment records, bank deposits, tax returns, work schedules, text messages, statements from an employer or coworkers, invoices, and calendars showing missed work.
Not having a license does not automatically mean the client caused the accident. Liability normally depends on how the collision happened. However, driving without a valid license may create a separate legal issue, so the client must be completely honest with the attorney.
The client may still have a claim against the at-fault driver. However, the lack of insurance can create separate consequences and may affect available options. The attorney must evaluate the particular facts.
Generally, yes—especially when someone is injured, vehicles cannot be driven, the other driver leaves, or information is disputed. Clients should never provide false names, documents, or information.
Potentially. Depending on the evidence, damages may include physical pain, mental anguish, impairment, disfigurement, medical expenses, lost income, and property damage.
Ordinarily, no. A personal-injury claim does not provide immigration status. A U visa is limited to victims of certain qualifying crimes who meet specific requirements and assist law enforcement; an ordinary negligence-based car accident generally does not qualify by itself.
The law firm should discuss acceptable identification and payment options before settlement. The client should never use another person’s Social Security number or false documents.
Yes. The client should speak honestly and privately with the attorney so the attorney can protect the case and avoid surprises. The client should not discuss immigration status with the insurance adjuster without legal advice.
Many firms work on a contingency fee, meaning the attorney receives an agreed percentage of the recovery. Clients should carefully review the contract because case expenses and medical bills may be separate.
Deadlines vary according to the case. Many Texas personal-injury lawsuits generally have a two-year limitation period, but shorter notice requirements or different rules may apply. The client should speak with an attorney immediately.
You may have a case if another person or company caused your injuries through negligence. The attorney must review the accident, evidence, injuries, insurance coverage, and applicable law.
Most personal-injury attorneys work on a contingency fee. This means the attorney is paid an agreed percentage of the recovery. The client should review the contract carefully because case expenses may be handled separately.
The value depends on many factors, including:
- The seriousness of the injuries
- Medical treatment and expenses
- Lost income
- Pain and suffering
- Whether the injuries are permanent
- Who caused the accident
- Available insurance coverage
No one can guarantee a settlement amount at the beginning of the case.
Every case is different. Some cases resolve within several months, while complicated cases or lawsuits can take a year or longer. Treatment, liability disputes, insurance coverage, and negotiations can affect the timeline.
Clients should contact their attorney before giving a recorded statement, signing documents, or accepting an offer. Insurance adjusters may use the client’s statements to reduce or deny the claim.
Yes, if recommended by the medical provider. Attend appointments, follow medical instructions, and inform the attorney about referrals, tests, procedures, or changes in symptoms. Unexplained treatment gaps may hurt the case.
Tell the attorney. Depending on the circumstances, the office may help identify providers willing to treat the client while the claim is pending. The client may still be responsible for the medical bills.
Possible payment sources include health insurance, Personal Injury Protection, workers’ compensation, medical-payment coverage, or the eventual settlement. The at-fault driver’s insurance normally does not pay medical bills as treatment occurs.
Possibly. Keep pay stubs, tax records, work schedules, employer statements, disability notes, and other documents showing missed work and lost income.
Possibly. Compensation may include physical pain, mental anguish, impairment, disfigurement, medical expenses, lost income, property damage, and future damages when supported by evidence.
Helpful items include:
- Police or incident report
- Driver’s license and insurance information
- Photographs and videos
- Medical records and bills
- Witness information
- Pay stubs or income records
- Repair estimates and vehicle photographs
- Letters, emails, and messages from insurance companies
It is best not to discuss the accident, injuries, medical treatment, activities, or case online. Insurance companies may review public posts, photographs, videos, and comments.
You may still have a claim. Texas uses proportionate-responsibility rules. Your compensation may be reduced by your percentage of responsibility, and recovery is generally barred if you are found more than 50% responsible.
The property-damage claim is often handled separately from the bodily-injury claim. Ask the law firm whether it will assist with repairs, total-loss issues, towing, storage, and rental expenses.
Do not accept or sign anything without discussing it with the attorney. Once a release is signed, the client usually cannot request additional compensation later.
Many cases settle without trial. A lawsuit may be necessary when liability is disputed, the insurance company denies the claim, or a fair settlement cannot be reached.
The law firm should explain its communication process. Clients should immediately report changes in medical treatment, address, telephone number, employment, insurance, or accident-related symptoms.
The firm generally gathers the final medical records, bills, lost-income documentation, and other evidence. It may then prepare a settlement demand and negotiate with the insurance company.
After settlement, the attorney normally addresses attorney fees, case expenses, medical balances, liens, and other authorized deductions. The client receives a written settlement statement explaining the distribution.
Many Texas personal-injury lawsuits generally must be filed within two years of the incident, but exceptions and shorter deadlines can apply. Claims involving government entities may require much earlier notice.
- Do not miss medical appointments without explanation.
- Do not exaggerate or hide prior injuries.
- Do not sign insurance documents without review.
- Do not post about the case on social media.
- Do not give recorded statements without consulting the attorney.
- Do not ignore calls or messages from the law firm.
- Do not accept money or settle directly without telling the attorney.
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