Site Header – The Longhorn Law Firm
Available 24/7
★ Work with Attorneys Licensed in TX & NM
★ No Fee Unless We Win
EN ES
Injury Law & Estate Planning: Why They Go Together | The Longhorn Law Firm
Estate Planning · Injury & Estate Law

Where injury law meets estate law.

A serious accident doesn't just raise questions about fault and insurance. It can raise questions about who makes decisions, who can file a claim, where a settlement goes, and who inherits. We handle both sides.

Flat-Fee Wills & Powers of Attorney
Texas & New Mexico
Bilingual Staff · Hablamos Español
First Consultation Hour Free

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.

The timing matters
Call before the money moves.

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.

Common questions.

What happens to my injury case if I die before it settles?+
It usually continues. In Texas, the claim survives for your estate and heirs. In New Mexico, it survives an unrelated death, and if the injury caused the death, it proceeds as a wrongful death claim. Someone with legal authority — often a personal representative appointed by a court — has to step in to pursue it.
Who receives a wrongful death settlement in New Mexico?+
The statute decides, not a will. For example, if there's a surviving spouse and children, the spouse receives half and the children share the other half (NMSA § 41-2-3).
Will my settlement affect my SSI or Medicaid?+
It can if the money is paid to you directly. A special needs trust or ABLE account set up before the settlement is paid can protect your eligibility.
Can my family sign for me if I'm badly hurt?+
Not automatically for your finances — they generally need a power of attorney or a court-ordered guardianship. Both states let certain family members make some medical decisions without documents, but a medical power of attorney or advance directive removes the uncertainty.
Do I need a separate lawyer for the estate side?+
Not with us. We handle personal injury and estate planning in Texas and New Mexico, so the injury case and the estate plan are coordinated from the start.

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.

Injury case and estate questions? Ask both at once.

Call or text. Injury consultations are free, and the first hour of an estate planning consultation is free. Help in English or Spanish.