US Army combat medic veteran during the Gulf War era and Texas native Dr. Louis Patino became a Chiropractic physician before turning his attention to law and justice, and establishing a leading personal injury practice in Texas, Patino Law Firm, which serves injured victims throughout the state of Texas with offices in the Rio Grande Valley — McAllen and San Antonio, 

His medical background gives him, he says, a unique perspective on people who are injured in all kinds of accidents and how best to serve them. His law firm places an emphasis on victims’ recovery as the Patino team works to get them justice. 

Here, in this interview with Legal Desire, Dr. Patino shares his views on accidents in the state, how he and his team of lawyers handle cases, and what he likes most about practicing law in the Lone Star State.

Have the kind of personal injury claims your law firm has handled since the start of the pandemic changed? 

There haven’t really been any changes in the types of personal injury cases we’ve been handling in the last year or so. Maybe the only real change is a slight dip in the number of new clients, which may be expected, as not so many people were out and about due to lockdowns. 

When people — victims of accidents — contact you about making a personal injury claim, what kind of state are they in, and are they clear about the process of making a claim?

Many usually understand why they are calling an attorney after a crash, but they don’t always know what the process is. So it’s important for us to explain the process at our first meeting with them and go through all the details and steps so that they know what to expect and what’s going to happen with their case. 

Have you encountered much fraudulent claiming — people pretending they were in an accident but weren’t or letting on they were hurt but were not?

Although fraudulent claims are not unheard of, our firm carefully screens prospective clients before taking on their cases.  Fortunately, my offices rarely encounter fraudulent claims.

What kind of money can victims of accidents get from claims in Texas, from small slips and trips to big 18-wheeler cases?

As you may well be aware, monetary recovery for clients involved in negligent injuries vary greatly because of the myriad of factors involved. In general, on average, and in my experience, slips/trips/falls on a business premises will net a client from $3,000 to $12,000 while minor fender bender-type car crashes are in the same range as slips/trips/falls; moderately severe crashes involving significant property damage can range from $8,000 to $20,000; commercial/company-owned vehicle crashes can be anywhere from $20,000 to $800,000 in compensation payouts; and if it’s a work-related accident due to a negligent third party and not the employer, you’d be looking at a claim worth from $200,000 to over $1 million. These are all net figures to the client. 

How long does it typically take to resolve a case?

On average, we’re able to resolve a personal injury case in about four months. Commercial cases can be more complex and may involve filing a lawsuit; in such cases, it would take 16 to 24 months to resolve. 

What percentage of cases, on average, do you settle without having to go to court?

About 85% without filing a lawsuit. Even after filing a lawsuit, the courts in Texas require that we mediate the case before a mediator in hopes of resolving the case without having to set foot into a courtroom. So, of the 15% that we file suit on, about 5% actually go to trial.

Some personal injury lawyers in Texas like to settle quickly, so they and their clients get their money fast. What do you think of this approach?

Yes — there are many firms that tout that they settle cases quickly. These firms are loved by the insurance companies because as you can imagine, in addition to paying less on a claim, their litigation cost is significantly lower. So in this scenario, insurance carriers don’t have to pay out much on the claim; the attorney loves it because he gets paid quickly, without much effort. But the client usually doesn’t know that the amount he or she is receiving is miniscule compared to what they could receive if the attorney acted in good faith and in the best interest of his clients. 

In general, however, for minor crashes involving minimal property damage, settling the case early may be in the best interest of all involved. In cases where there’s significant property damage and positive facts surrounding the crash but the insurance carrier refuses to be reasonable in settling the case, we must file a lawsuit and go through the process. Typically, when we handle commercial-related crashes, there is a 95% chance that we will file a lawsuit, simply because the commercial insurance carrier is more aggressive in their representation.  

Your background is in the military and also in the medical field as a Chiropractor. Do you think this allows you to take a different approach with your clients?

I was a US Army combat medic for the 10th Mountain Division and have  been in the healthcare field for over 30 years. I have seen many types of injuries — acute and chronic. I know and understand the medical treatment that my patients are going through. Whether I’m in negotiations with the insurance adjuster or during a jury trial, I can explain and advocate for my clients from a medical point of view as to what my client is experiencing and the necessity of the treatments given. When the opposing side brings in their boilerplate excuses from their medical expert, I’m able to see what kind of BS they are peddling. 

Your firm operates on a no-win, no-fee basis, so there’s no financial risk to the client, as they don’t have to pay you an upfront fee. But what if you don’t win? Has that happened often, and if so, does it mean a big financial hit for your firm?

When we take on a client, we commit to working up the client’s case — sending them to doctors, examinations, medication, vehicle repair, car rentals, advances, etc. It’s important for us to really examine the case in depth, to determine if our client’s case is winnable at the early stages of our representation.

Even after diligent examination of the case, every once in a while, cases turn out to be bad, for various reasons, and we end up absorbing the expenses that the firm has accrued so that our clients are relieved from having to pay any expenses. The only time it becomes a big financial hit on the firm is when a case goes to trial. There are so many expenses relating to trial that if we don’t settle before trial or win at trial, yes, it gets expensive. Keep in mind that In Texas, of the cases that are filed in court, about 95% are settled before setting foot in a courtroom. 

Are there areas of Texas law, pertaining to personal injury but also the wider law, that you think are unfair and in need of reform?

Yes. In order to drive on Texas roads, a person is required to have a minimum liability insurance coverage in the amount of $30,000, and for two or more occupants in the vehicle — $60,000. This is called a 30/60 policy and in many Texas plaintiff attorneys’ opinions, including mine, it’s simply not enough.. You can imagine that a person who is severely injured in a car crash and receives treatment from the ambulance and hospital will accumulate medical related bills in excess of the minimum Texas requirement —  $30,000.

So what is that injured crash victim to do? The options are few. We can sue the driver for the excess of $30,000, but usually the person who is paying insurance premiums on a 30/60 policy will not have the finances or assets to pay on a civil judgment. A good way to understand this is, for example, if a doctor caused a crash and he only carried the minimum 30/60 — we can sue him for the excess, since he will probably have finances or assets that we can go after. Because of this, many Texas trial lawyers are pushing to increase the minimum requirements to 50/100K.

What do you like most about practicing law in Texas, and what gives you satisfaction as a lawyer?

People often ask me why I “turned to the dark side” to become an attorney. The answer for me is not so complicated. Although I truly enjoyed caring for my sick and injured patients and watching them as they recovered, there came a time that the work became monotonous and very routine — although I don’t believe it was a mid-life crisis; I just wanted a change.

An interesting event occurred while I was in my chiropractic practice. A walk-in patient was involved in a significant crash with an 18-wheeler. He asked if I knew of a good attorney that could help him since he could not afford the medical care he needed.  I ended up referring my patient to a distinguished and well-respected attorney. Well that attorney ultimately recovered a net of $1 million for my patient. 

That patient, who could not work at his pre-injury occupation, became a business owner as a result of the attorney’s representation. This example, along with others, gave me the hands-on perspective of what an attorney is capable of doing to help his client. Just Imagine if you were in that person’s position, injured to such an extent that you are no longer able to work or provide for your family’s essential needs. What do you do?  You need an advocate to fight for you and make you whole.

Since I have been practicing as an attorney, we have changed the lives of so many of our clients. Some clients were general laborers, working for various labor-related companies. Because of their injuries, they were no longer able to work at their pre-injury jobs — amputated arm from an oil-well accident, injuries requiring surgery on the back and neck. 

After hard work, we ultimately settled their case, and many became business owners and able to care for their families. Many of our clients are so thankful for the assistance that we provided to them that they end up referring their family and friends — this is probably one of the highest honors we could receive from our clients.