Can an Undocumented Immigrant Recover Lost Wages & Medical Bills in a Texas Personal Injury Lawsuit? (Tyson Foods v. Guzman)
Direct Answer Under Texas Law
YES! Under well-settled Texas appellate precedent (Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex. App.—Tyler 2003); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768; Grocers Supply, Inc. v. Cabello, 390 S.W.3d 707 (Tex. App.—Dallas 2012)), Texas law does NOT restrict personal injury tort damages or lost earning capacity based on immigration or work-authorization status! Every person injured in Texas—regardless of citizenship or visa status—has the right under the Texas Open Courts clause to sue for full medical bills, physical pain, mental anguish, impairment, and lost earning capacity.
Critical Texas Procedural Trap to Watch Out For
Furthermore, when an undocumented plaintiff does not seek U.S.-wage lost earnings (or where immigration status has no probative value), Texas trial courts routinely grant Motions in Limine under Texas Rule of Evidence 403 barring defense counsel from ever mentioning immigration status to the jury because its unfair prejudice substantially outweighs any probative value!
Recommended Action Plan for Texas Claimants
File a rigorous Rule 403 Motion in Limine excluding any reference to citizenship or immigration status at trial under Grocers Supply v. Cabello and Tyson Foods v. Guzman.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Const. art. I, § 13 (Open Courts); Tex. Lab. Code § 406.096; CPRC § 18.091 and controlling Texas appellate precedent in Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex. App.—Tyler 2003, no pet.); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768 (Tex. App.—El Paso 1993), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Const. art. I, § 13 (Open Courts); Tex. Lab. Code § 406.096; CPRC § 18.091 and how Texas courts apply Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex. App.—Tyler 2003, no pet.); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768 (Tex. App.—El Paso 1993) in your county's appellate district.
- Beware of the Texas Procedural Trap: Furthermore, when an undocumented plaintiff does not seek U.S.-wage lost earnings (or where immigration status has no probative value), Texas trial courts routinely grant Motions in Limine under Texas Rule of Evidence 403 barring defense counsel from ever mentioning immigration status to the jury because its unfair prejudice substantially outweighs any probative value!
- Execute the Texas Action Plan: File a rigorous Rule 403 Motion in Limine excluding any reference to citizenship or immigration status at trial under Grocers Supply v. Cabello and Tyson Foods v. Guzman.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Can an Undocumented Immigrant Recover Lost Wages & Medical Bills in a Texas Personal Injury Lawsuit? (Tyson Foods v. Guzman)
YES! Under well-settled Texas appellate precedent (Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex. App.—Tyler 2003); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768; Grocers Supply, Inc. v. Cabello, 390 S.W.3d 707 (Tex. App.—Dallas 2012)), Texas law does NOT restrict personal injury tort damages or lost earning capacity based on immigration or work-authorization status! Every person injured in Texas—regardless of citizenship or visa status—has the right under the Texas Open Courts clause to sue for full medical bills, physical pain, mental anguish, impairment, and lost earning capacity. Key Texas Trap to Avoid: Furthermore, when an undocumented plaintiff does not seek U.S.-wage lost earnings (or where immigration status has no probative value), Texas trial courts routinely grant Motions in Limine under Texas Rule of Evidence 403 barring defense counsel from ever mentioning immigration status to the jury because its unfair prejudice substantially outweighs any probative value!
What Texas statute and Supreme Court / appellate precedent control undocumented worker rights in texas injury lawsuits?
This question is governed in Texas by Tex. Const. art. I, § 13 (Open Courts); Tex. Lab. Code § 406.096; CPRC § 18.091 and the legal standards articulated in Tyson Foods, Inc. v. Guzman, 116 S.W.3d 233 (Tex. App.—Tyler 2003, no pet.); Wal-Mart Stores, Inc. v. Cordova, 856 S.W.2d 768 (Tex. App.—El Paso 1993). Recommended step: File a rigorous Rule 403 Motion in Limine excluding any reference to citizenship or immigration status at trial under Grocers Supply v. Cabello and Tyson Foods v. Guzman.
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