Your Personal Injury Lawyer in McAllen

Our McAllen personal injury lawyers handle various cases, ranging from car accidents and burn injuries to truck accidents, premises liability, and wrongful death. Every injury and its related circumstances might differ, but the legal requirements to recover compensation from a personal injury are often the same.

Whatever the cause of your accident or injury, the first thing you should do is seek medical attention. Above all else, you need to ensure that you receive proper medical care to resolve any issues — even if you feel fine — as they could become more serious.

If you have been in an accident and haven’t sought medical care, you should document the accident as thoroughly as possible. Take photos and videos, jot down names and contact information of witnesses, and contact the police to file a report. Avoid admitting fault or making any deals with the other party without first speaking to a personal injury lawyer in McAllen.

When you’re injured in McAllen or anywhere in the Rio Grande Valley, determining whether you have a valid personal injury claim comes down to whether you can prove someone else’s negligent or reckless actions directly led to your injuries and resulting losses.

In a personal injury case, the burden of proof is significantly lower than what you might be familiar with from watching TV. Unlike criminal cases, where prosecutors must prove guilt “beyond a reasonable doubt,” personal injury claims operate on a different standard called a “preponderance of the evidence”.

A “preponderance of the evidence” can be interpreted as “more like than not”. If you can prove the other party was more likely than not responsible for your injuries, that’s enough to meet the burden. It might even be that your evidence tips the scales every so slightly — even 51% in your favor is enough to establish liability under Texas law.

But how do you establish negligence? There are several elements you must prove to recover compensation.

• The other party owed you a duty of care. For example, if you’re shopping at a mall, the property owner has a duty to maintain safe premises. If you’re driving, other motorists must operate their vehicles safely.
• The party breached their duty through negligence or recklessness. Accidents can happen through either negligence or recklessness. The basic difference is the intent behind their actions. Reckless behavior involves consciously disregarding risks. When a driver speeds through a school zone during pickup time, they’re acting recklessly. They do not need to intend to injure you specifically — it’s enough that they know their behavior is likely to harm others, but they do it anyway. Negligence typically involves carelessness. If a store owner knows about a broken step but fails to repair it, or a waiter doesn’t clean up a spillage at a restaurant, that’s negligence.
• The breach caused your injuries, resulting in provable damages: The final burden is to create a link between the other person’s actions and your injuries, and show you suffered monetary losses. For example, if a speeding driver crashes into you, and you need medical treatment for a head injury sustained in the crash, evidence for your claim might include the crash report filed by the police, eyewitness testimony, photos from the scene, and medical records showing you sought treatment immediately after the accident.

The best way to see if you have a case is to contact our McAllen personal injury attorney. We can explain your rights in clear terms and tell you what to expect from the process.

Ideally, you should begin the personal injury claim process as soon as possible after your accident. In Texas, the statute of limitations — how long you have to file a lawsuit — for personal injury claims is two years from your accident.

If you do not file your complaint before the statute of limitations expires, you cannot recover compensation, no matter how severe your injuries might be. Exceptions to the statute of limitations apply, but only in rare cases.

Two years can seem like a long time, but it’s recommended to begin the process early. That’s because few personal injury claims result in a trial. A personal injury lawyer will begin negotiating with the at-fault party’s insurance company long before the deadline to file a lawsuit. Sometimes, this results in a settlement. Other times, we may file a lawsuit and begin the process of getting ready for trial only for the other side to offer a fair settlement during ongoing negotiations. But insurers can drag their heels during initial talks, and while you wait for an offer, the clock on the statute of limitations continues ticking. A lot of the best evidence for your claim is also gathered after your accident, so the sooner you speak to an attorney, the faster they can begin building your case.

Our personal injury attorneys in McAllen can help you recover compensation for several losses. These are split into two categories: economic damages, and non-economic damages.

Economic damages are actual expenses that can be proven by bills and receipts, such as:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Property damage
• Home modifications needed due to disability
• Travel costs for medical appointments.

Non-economic damages are subjective, compensating you for the emotional impact of your injuries. Examples include:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement
• Physical impairment
• Loss of consortium.

If you file a lawsuit and go to court, a jury may also award you punitive damages to punish the defendant for their behavior.

It’s difficult to predict precisely how much compensation you can or will receive for your injuries, and no ethical personal injury lawyer would ever make a guarantee. If they do — especially without knowing the specific details of your case — it’s likely a lowball offer they know they can negotiate with an insurer based on past results, and they intend to encourage you to settle so they can recover their fee.

Patino Law Firm is not one of those firms. We’ll use our knowledge and experience trying similar cases to offer a rough guideline, but every case is unique and will depend on various factors, including your injuries and resulting losses, the evidence supporting your case, and the willingness of the at-fault party’s insurance company to cooperate.

You can use our Texas personal injury claim calculator to get an estimate of how much you might be able to recover based on your losses and the severity of your injuries, but the best way to estimate how much you might recover is to contact a personal injury lawyer in McAllen.

The length of time a case takes varies and depends on many factors, including the type of injury, how much evidence your attorney needs to gather, the size of the court’s docket, and whether you are willing to accept a settlement offered by the at-fault party.

The time a lawsuit takes from beginning to end can be lengthy. You might consult a personal injury lawyer soon after you’ve been injured and go through multiple rounds of negotiation before deciding to take your chance at trial. This might be up to two years after your accident, as that’s how long you have before the statute of limitations expires.

Then, it can be several months or years before you get your day in court — if it gets that far. After your attorney files a lawsuit, the defendant (the at-fault party, via their lawyer) will respond. Then, the discovery process begins, which involves collecting evidence to be introduced at trial and taking depositions — recorded statements taken under oath. Even conducting depositions can be a lengthy process depending on a witness’s availability. When you get your day in court will depend on the court’s docket and whether the defendant also faces criminal charges, as they have the right to a speedy trial. All the while, negotiations will continue, so you may decide to settle before your trial.

Ultimately, a personal injury lawsuit can be resolved in as little as a few months or a couple of years. Our personal injury lawyer in McAllen can explain the process and offer advice on your options, but the decision is always yours to make. We’ll always aim to resolve your claim as quickly and with as little stress to you as possible, but we will never encourage you to accept a speedy but unfair settlement, nor will we be dishonest with you about your chances at trial.

You can settle a personal injury claim without an attorney, but we don’t recommend it. If the opposing party has made an offer and seems keen for you to settle, you could be entitled to more. You might not even realize you are entitled to additional compensation for damages you might not have considered or don’t know how to prove.

A personal injury lawyer in McAllen will help you get maximum compensation for your accident and injury. Not only that, they’ll also negotiate with the opposite party. Without an attorney, you’ll likely communicate with them yourself, and they’ll probably have an attorney asking leading questions to minimize your injuries or try to trick you into accepting fault. 

Dealing with a personal injury claim can be stressful, which is the last thing you need if you’re recovering from an injury. One of the main advantages of working with a personal injury lawyer is that they can notify the opposing party that all communications must go through them.

When you choose our McAllen personal injury lawyer, we’ll explore every avenue for compensation, demand all damages you’re entitled to — from the cost of your future medical bills and lost wages to compensation for emotional distress and loss of enjoyment — and gather evidence to prove your case, including tracking down and interviewing witnesses.

We will handle it all, leaving you to focus on the most important thing — your treatment.

While you can easily find a personal injury lawyer through an online search or recommendation, choosing the right attorney for your case requires careful consideration. The outcome of your claim can significantly impact your future, so it’s important to go with a firm with experience handling cases like yours and a track record of securing results.

Start by researching firms’ qualifications and recognition. For example, our Founder Dr. Louis Patino is a member of the Texas State Bar and American Bar Association, allowing him to represent clients in all Texas courts. Our firm has also earned multiple accolades, including Best Law Firm and Litigator of the Year by the American Institute of Trial Lawyers and Best Trial Lawyer in America by The National Institute of Trial Lawyers.

However, awards alone don’t tell the whole story. We recommend you consider these factors when evaluating potential attorneys:

Experience with your injury type: Different injuries require different approaches. Our McAllen personal injury lawyer has secured substantial settlements and judgments for clients with various injuries, from broken bones and burns to catastrophic spinal cord and brain trauma. We understand the long-term implications of serious injuries and how to prove their impact on your life.

Local knowledge: You might be tempted to go with the firm with the biggest marketing budget or office all over the state or country, but bigger isn’t always better. We’re a McAllen-based firm that understands the unique rules governing local courts, knows the County’s judges and court staff, and has spent years negotiating with popular insurance companies. We’ve spent years building these relationships throughout the Rio Grande Valley, and they can benefit your case far more than a big-city attorney walking into a local courthouse for the first time.

Client testimonials: Verified reviews on independent platforms like Google let you learn about past clients’ experiences. Pay attention to how firms treat clients and whether reviewers are happy with their results.

You should also take advantage of free consultations and case reviews offered by firms to assess potential attorneys. Ask about their experience with cases similar to yours, their strategy for your claim, and how they’ll keep you updated on progress. You should feel confident in their abilities and comfortable with their communication style. 

Remember, this relationship may last months or longer, so choose a firm that puts your interests first and treats you as a person, not just another case number.

If you’re in a car accident, you might wonder if it’s worth hiring an attorney or whether you can handle your claim yourself. Car accidents might seem straightforward — a driver crashed into you, and you were hurt, so you deserve compensation, right? That may be the case, but car accident claims can be complex.

For example, what are your options if the driver doesn’t have insurance? What if your losses exceed the coverage they have on their policy? What if you were partly responsible for causing your crash? These are all common scenarios our McAllen personal injury lawyer encounters every day, and we can explain where you stand and help you get the right result, whether it’s by filing a lawsuit or identifying another liable party with higher insurance limits.

Even if you can cover your losses by filing a claim with your own insurer, it’s wise to consult a personal injury lawyer to see where you stand. If your insurance company pays out a claim, your premiums will likely increase — possibly for several years — adding thousands of dollars to your insurance bill despite the accident not being your fault.

Most personal injury claims settle out of court through negotiations with insurance companies, but that doesn’t mean you should accept any offer that comes your way. While settling can provide guaranteed compensation and avoid the uncertainty of a trial, your settlement must fairly compensate you for your injuries and their impact on your life.

Insurance companies often make low initial offers hoping you’ll settle quickly. They may even try to pressure you by suggesting you don’t have a strong case or that you’ll struggle to pay your bills if you don’t accept right away. However, accepting an early offer could leave you unable to afford future medical treatment or provide for your family if your injuries worsen.

Our McAllen personal injury lawyer can evaluate settlement offers and advise whether you should negotiate for more or pursue litigation for a better outcome. We can also help ease financial pressure while you wait for your compensation by:

• Deferring medical treatment costs until your claim resolves
• Negotiating payment plans with healthcare providers
• Helping you understand your insurance coverage options
• Handling all communications with insurance adjusters so you aren’t pressured into accepting less than you deserve.

If your employer has workers’ compensation insurance, you’ll be able to file a workers’ compensation claim if you’re in an accident at work. A successful workers’ compensation suit will cover any medical bills, a portion of lost wages, vocational rehabilitation assistance if needed, or a lump sum for specific injuries. Arguably, workers’ compensation suits are easier to win because you do not need to prove negligence — only that the accident happened at work — but the trade-off is that you cannot recover additional compensation for pain and suffering and other non-economic damages.

We do not handle workers’ compensation claims, but we may be able to refer you to a workers’ comp lawyer we trust.

However, you might be entitled to file a personal injury claim for your work injury, in which case we can help you.

Texas is the only state in the U.S. where workers’ compensation insurance is not mandatory for employers. This means that if you can prove your employer was negligent and caused your injury, you may be able to file a traditional personal injury claim. To recover compensation in this way, it is not enough that your accident happened while you were on the job — you must prove that their negligence or recklessness caused your injury — but you can potentially recover more compensation, as you are entitled to pursue the additional damages not awarded in a workers’ compensation claim.

In some cases, you may be able to file a workers’ comp claim with your employer and pursue a personal injury claim against a negligent third party. This can happen if you use heavy machinery or tools at work and a defect causes your injury. If your employer has workers’ compensation insurance, you can get your medical bills and lost wages covered by a workers’ comp claim and then file a product liability lawsuit against the manufacturer to recover additional compensation for your pain and suffering, emotional distress, and other losses.

You might pursue compensation against a government entity or employee in several scenarios:

• You’re in a car accident caused by a government employee operating a government vehicle, such as a city bus or maintenance truck.
• You’re hurt on government-owned property, including a public park, sidewalk, or government-owned building.
• You’re injured during roadside construction or repairs.

You can hold a government entity accountable if their negligence causes you injury, but it’s particularly complex and there are intricate requirements you have to meet. For example, the Federal Tort Claims Act allows some claims against federal employees by waiving sovereign immunity (which would otherwise prevent all lawsuits) in specific circumstances. The Texas Tort Claims Act also requires you to notify the government within six months of your accident, and some local jurisdictions have stricter notice requirements.

Our McAllen personal injury attorney understands these intricate requirements and can evaluate whether you have a viable claim. We can ensure you meet all deadlines and procedural requirements while building the strongest possible case for compensation.

Every state has unique negligence laws. Some prevent you from recovering compensation if you are at all responsible for the accident that causes your injuries — even if you bear just 1% of liability. Fortunately, Texas is not one of those states. Instead, Texas follows modified comparative negligence laws, meaning you can recover compensation as long as you are less than 51% responsible for your accident. Your compensation is reduced by your percentage of fault, so if you are awarded $100,000 but found 20% liable, you would receive $80,000.

Assigning liability can become especially complex when multiple parties share responsibility, such as in a multi-vehicle crash or in a truck accident where the truck driver and their employer may both share fault. In any case, a jury determines each party’s liability percentage — including your own — if your case goes to trial. Too many accident victims avoid pursuing the compensation they rightfully deserve because they were partly responsible for what happened. Our McAllen personal injury lawyer can investigate your accident, gather evidence showing others were primarily at fault, and fight to minimize your share of responsibility so you receive maximum compensation.

At Patino Law Firm, we believe everyone deserves quality legal representation after an accident, regardless of their financial situation. That’s why we work on a contingency fee basis — you pay nothing upfront and no fees unless we win your case.

Our fee comes as a percentage of your final settlement or court award. We’ll clearly explain our fee structure during your free consultation so you know exactly what to expect. When we win your case, compensation is typically paid either as:

• A structured settlement with payments over time
• A lump sum payment.

You’ll never receive surprise bills or hidden fees. We promise complete transparency about costs throughout your case.

Your free case review is an informal conversation where you can tell us about your accident and injuries and learn about your legal options. During this 15-30 minute meeting, we’ll discuss:

• How your accident happened
• Your injuries and medical treatment
• The impact on your life, work, and family
• Any documentation you have (don’t worry if you don’t have everything yet)
• The claims process and how we can help
• Our experience with similar cases
• Our fee structure and what to expect moving forward.

We understand discussing your accident can be difficult, so we’ll go at your pace and aim to make you comfortable. This meeting isn’t just about determining if you have a claim — it’s also about helping you decide if we’re the right firm for you. We’ll give honest feedback about your case’s strengths and challenges and never pressure you to make an immediate decision.

If you need more time to discuss your situation, we’re happy to extend the meeting. We’re here to answer all your questions and address any concerns about working with our firm.

We understand the importance of clear, consistent communication throughout your case. Unlike larger firms where you might speak to a different person each time, we ensure you work with the same team members who know your case thoroughly.

You’ll have direct access to your legal team through:

• Regular case updates via your preferred method (phone, email, or text)
• A dedicated point of contact familiar with all aspects of your case
• In-person meetings at our McAllen office when needed
• Video calls if you cannot travel to us.

We never want you chasing us for updates or feeling like your questions are a burden. Our personal approach leads to better outcomes and a less stressful experience so you can focus on your recovery.