Texas is the state with the second-highest population of undocumented immigrants. Although an estimated 1.6 million people living within our borders may not have a green card or work visa due to certain circumstances, they aren’t completely deprived of rights. This includes the right to seek medical treatment and file a personal injury claim after a preventable accident.
For many, the decision to seek medical care can be complicated by concerns about legal repercussions and financial strain. However, receiving prompt medical attention can also prevent long-term health problems and support recovery. Undocumented immigrants must understand their rights and available resources to make informed decisions about their medical care. In this blog, the team at the Villarreal & Begum, LAW GUNS, provides straightforward information to help undocumented individuals in Texas take the right steps after an accident.
Legal Rights of Undocumented Immigrants in Texas
Federal and state laws are designed to ensure that everyone, regardless of their immigration status, receives necessary medical attention in an emergency. The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide emergency treatment to anyone who requires it, regardless of their ability to pay or their immigration status. This means that if an undocumented patient arrives at a hospital emergency room, the hospital is legally obligated to assess and stabilize their condition, even if they lack insurance coverage.
This protection ensures that all individuals in the United States have access to lifesaving medical care when they need it most. By knowing these rights, undocumented immigrants in Texas can feel more secure in seeking the medical attention they need without fear of being turned away.
Importance of Seeking Medical Attention After an Accident
Seeking medical care after an accident is essential for several reasons. To begin with, it ensures your health and safety. Even if you feel fine initially, some injuries may not be immediately apparent: concussions, internal injuries, and other serious conditions can go unnoticed without a thorough medical examination.
Undetected injuries can also lead to complications if not treated promptly. What might seem like a minor issue at first could develop into a more serious condition over time. Early diagnosis and treatment are key to preventing long-term health problems. You also want to document your injuries, as accurate medical records are vital if you decide to pursue a legal compensation claim. These records provide evidence of the injuries sustained and the necessary treatments, which can support your case in court.
Concerns Undocumented Immigrants Might Have
Undocumented immigrants often hesitate to seek medical attention after an accident. One of the main issues is the fear of deportation: many people worry that seeking medical care could expose their immigration status and lead to involvement with immigration enforcement.
It’s important to note that Texas case law provides critical legal protections to undocumented immigrants. In the 2010 case of TXI Transp. Co. v. Hughes, the Supreme Court of Texas ruled that immigration status is not admissible evidence in personal injury claims unless it directly relates to the case’s merits. This means that immigration status cannot be used against an individual in a personal injury claim.
Some undocumented immigrants believe they are not entitled to receive medical care or that hospitals will report them to immigration authorities. However, federal and state laws protect their right to emergency medical care regardless of immigration status. The fear of incurring high medical bills can also deter undocumented immigrants from seeking necessary treatment, but most personal injury claims are settled outside of litigation, further reducing the risk of immigration-related issues arising from seeking medical attention.
Steps to Take After an Accident
After an accident, your first step should be to stay at the accident scene and assess any injuries. If you or anyone else is hurt, call for emergency medical help immediately. Even if you don’t believe you’re seriously hurt, it’s essential to seek medical attention promptly, as some injuries might not be immediately apparent. Going to the hospital ensures that you receive a thorough examination and necessary treatment, which can prevent complications down the line.
Gather and Preserve Evidence of the Accident (If Possible)
If you’re able to, gather and preserve evidence of the accident. This can include taking photos of the scene, getting contact information from witnesses, and noting details such as the time and place of the accident. This evidence can be essential if you decide to pursue a legal compensation claim.
Interactions with Law Enforcement
When the police arrive at the accident scene, it’s important to interact with them carefully and honestly. Provide accurate details about the accident, such as what happened and the condition of those involved. However, you are not obligated to disclose any information about your immigration status. Focus on providing facts about the incident itself.
If asked about your immigration status, you can politely decline to answer or say that you are only comfortable discussing the details of the accident. The primary role of the police in this situation is to ensure safety and document the incident, not to enforce immigration laws.
After ensuring everyone’s safety and receiving medical care, contact a personal injury attorney without delay. At Villarreal & Begum, LAW GUNS, our experienced attorneys will protect your rights and demand fair compensation for your damages.
How Can a Texas Accident Attorney Help?
After an accident, understanding your legal rights and options is critical. An accident attorney can explain these rights clearly and help you make informed decisions. They will also guide you through the legal process, from filing a claim to understanding potential outcomes, ensuring you know what to expect at every stage.
Handling Insurance Companies
Dealing with insurance companies can be difficult, especially when you are recovering from an accident. Insurance adjusters often aim to minimize payouts, which can lead to unfair settlements. A personal injury attorney will manage all communications with insurance companies on your behalf. They will advocate for your interests, ensuring that you receive necessary medical care as well as the compensation you deserve for your injuries and damages.
Gathering Evidence
Building a strong case requires thorough evidence. A personal injury attorney will gather and organize critical evidence to support your claim. This includes obtaining and reviewing medical records, hospital bills, police reports, and witness statements. They may also work with experts, such as accident reconstruction specialists or medical care professionals, to strengthen your case and provide detailed insights into the impact of your injuries.
Negotiating Settlements
Most personal injury cases are settled outside of court through negotiations with the at-fault party’s insurance company. Your attorney will use their negotiation skills and legal knowledge to achieve a fair settlement. They will consider all aspects of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs, to ensure that you are fully compensated.
Representing You in Court
If a settlement can’t be reached, your attorney will represent you in court. This includes filing necessary legal documents, presenting evidence, and cross-examining witnesses. Having a skilled attorney in your corner increases the likelihood of a favorable verdict.
As stated previously, certain legal protections in Texas ensure that your immigration status is not used against you in a personal injury claim. An attorney will ensure these protections are upheld, providing you with peace of mind.
Get a Free Consultation From a Texas Accident Lawyer
Seeking medical attention, understanding your rights, and getting professional legal support after an accident can make a significant difference in your physical and financial recovery. Undocumented immigrants in Texas have legal protections and should feel confident in seeking the care and monetary compensation they are entitled to.
Don’t let fear or uncertainty hold you back from getting the help you need. To schedule a free, no-risk consultation with a personal injury attorney, call the Villarreal & Begum, LAW GUNS, at (210) 800-0000 or contact us online today.
Alex has tried over 50 trials to verdict and tried or settled over five hundred million dollars in cases. Alexander Begum is a founding shareholder of the Villareal & Begum Law Firm. Born and raised in Texas.