Why one firm for both.
Most personal injury firms stop at the settlement check. Most estate planning firms never see an injury case. But the two areas of law meet constantly — and when different lawyers handle them without talking to each other, families lose time, money, and sometimes the benefits they depend on. The Longhorn Law Firm handles personal injury and estate planning in Texas and New Mexico, so both sides of your situation are planned together.
Six places they meet.
1. An injury leaves someone unable to decide
If an injured adult can't manage their own affairs and has no power of attorney, the family may need a court-appointed guardian (Texas) or guardian and conservator (New Mexico) before anyone can sign for them. Powers of attorney signed in advance avoid that. Powers of attorney →
2. The injured person dies before the case resolves
The claim doesn't simply end. In Texas, it survives for the estate and heirs (Tex. Civ. Prac. & Rem. Code § 71.021). In New Mexico, it survives an unrelated death (NMSA § 37-2-1), and when the injury causes the death, it proceeds under the Wrongful Death Act. Either way, someone must have legal authority to pursue it.
3. A wrongful death claim needs a representative
In New Mexico, only a court-appointed personal representative can bring a wrongful death claim (NMSA § 41-2-3), and the proceeds go to family members in the order the statute sets — not according to a will. In Texas, the wrongful death claim belongs to the surviving spouse, children, and parents.
4. A settlement could cost someone their benefits
An injured person on SSI or Medicaid can lose eligibility if settlement money is paid to them directly. A special needs trust or ABLE account set up before the money is paid can protect it. Special needs & settlement trusts →
5. The injured person is a child
A minor's settlement generally needs court approval and protection until adulthood — in Texas often through a court-supervised management trust or the court registry, and in New Mexico with a guardian ad litem reviewing where the money will be held.
6. A recovery changes your own plan
A significant recovery is new property. It's the moment to update your will, beneficiary designations, and guardians — or to consider a trust — so the money ends up where you intend.
Many of these issues can only be handled well before a settlement is signed or paid — setting up a trust, appointing a representative, or getting a minor's settlement approved. If you have an injury case and any of these situations applies, raise it early.
Who handles it.
In New Mexico, Managing Attorney Shawn Barnett handles both the injury case and the estate side. In Texas, Jeff Barnett, Of Counsel (Texas Practice), handles estate planning and probate. Either way, our fluent bilingual staff can walk your family through every step in Spanish.
Related guides.
- What happens to an injury claim when the injured person dies
- After a serious accident: who signs for you?
- Dying without a will in Texas or New Mexico
- Settlements for injured children in Texas and New Mexico
- Wrongful death in New Mexico
Common questions.
What happens to my injury case if I die before it settles?+
Who receives a wrongful death settlement in New Mexico?+
Will my settlement affect my SSI or Medicaid?+
Can my family sign for me if I'm badly hurt?+
Do I need a separate lawyer for the estate side?+
Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.