If I Am an Illegal Alien or a Citizen of a Foreign Country, Can I Pursue an Oilfield Accident Claim
Jarod Cassidy2 years ago
If you are an illegal alien or a citizen of a foreign country and you have been injured or lost a loved one to a Texas oil filed accident, you may still be able to bring litigation against those responsible for the accident.
How Do I File a Lawsuit as a Foreign Citizen?
If you are a citizen of a foreign country and have experienced a personal injury accident or lost a loved one to the negligence of another, your rights to access the courts and make legal claims is not affected by your non-citizenship.
Still, the defense may attempt to use your citizenship against your claim. This can be done in a number of ways such as raising jurisdictional issues, claiming forum non conveniens, or attempting to remove your case to federal court.
This is one of the reasons Thomas J. Henry employs a team of attorneys who are admitted to practice in state and district courts around the nation – to ensure that we can handle your case wherever it may be heard.
Why Would the Defense Want to Remove My Claim to Federal Court?
A motion to remove a case to federal court is a common tactic taken by larger corporations. There are a number of reasons for this, including:
Corporate lawyers spend much of their time in federal courts and are more familiar with federal procedures which can be different than state court procedures.
They hope your lawyer will not know federal procedures or may lose the “home field” advantage in a state court where they frequently litigate.
Federal courts have wider jury pools meaning it is less likely your jury will be composed of members of your community.
Federal court is often more costly and less convenient for the plaintiff.
The rules of discovery are more cost effective for corporate litigants under federal law.
What If I Am in the U.S. Illegally?
The attorneys at Thomas J. Henry have experience representing illegal aliens in personal injury cases. The important thing to remember is that your status of citizenship is treated as a criminal matter and is a separate issue from your civil injury claim.
Of course, the issue of deportation is something that can arise when filing a personal injury lawsuit and must be considered. However, even if a person is deported to their country of origin, there are still ways that they could legally come back into the country to litigate their case.
Because of the threat of deportation, if you are an illegal alien and have been injured in an accident, your best course of action is to contact an experienced personal injury attorney for a free and confidential consultation.
Contact an Experienced Personal Injury Attorney
Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.
If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.