Common questions about personal injury cases in Carlsbad. Have a question not answered here? Call us anytime — no consultation fee.
01 Do I need a personal injury lawyer specifically in Carlsbad?
Not necessarily. Most personal injury work happens via phone, email, video calls, and document exchange — so the attorney doesn't need to be physically in Carlsbad. What matters is that they're licensed in New Mexico, familiar with Eddy County courts, and experienced in cases like yours. We represent clients throughout Texas and New Mexico, including Carlsbad, with the same dedication regardless of distance.
02 How much does a personal injury lawyer cost in Carlsbad?
You pay nothing upfront. We work on contingency — typically 33.33% of the recovery before a lawsuit is filed, 40% after litigation begins. Case expenses (expert witnesses, court filing fees, depositions) are separate and only paid from recovery. If we don't win, you owe nothing.
03 How long do I have to file a personal injury claim in Carlsbad?
New Mexico has a 3-year statute of limitations for personal injury claims, starting from the date of the accident. (This is longer than Texas, which has only 2 years.) However, claims against state or local government entities require a 90-day notice under the New Mexico Tort Claims Act. Practically, you should consult an attorney within the first 30 days — evidence disappears quickly.
04 What kinds of cases do you handle in Carlsbad?
Car accidents, truck accidents (18-wheelers), motorcycle crashes, pedestrian accidents, slip and fall, dog bites, wrongful death, catastrophic injuries (TBI, spinal cord), workplace injuries, Uber/Lyft accidents, insurance bad faith claims, and negligent security cases. We handle the full range of New Mexico personal injury law.
05 Will an attorney personally handle my Carlsbad case?
Yes — one of our three attorneys (Shawn Barnett, Jonathan Perez, or Jeff Barnett) personally handles every case we accept. You won't be passed off to a junior associate or paralegal. We deliberately keep our caseload manageable so each client gets actual attorney attention.
06 What if my accident involves a commercial trucking company in Carlsbad?
Commercial trucking accidents typically involve Federal Motor Carrier Safety Administration (FMCSA) regulations in addition to state personal injury law. We have experience with these cases including spoliation letters to preserve truck black box data, hours-of-service violations, and multi-party liability (driver, trucking company, broker, shipper).
07 Can I still recover compensation if I was partly at fault for my Carlsbad accident?
Yes — New Mexico uses pure comparative negligence, which is more favorable than Texas's 51% bar rule. You can recover damages even if you were 99% at fault — your recovery is just reduced by your percentage of fault. This is one of the most plaintiff-friendly negligence rules in the country.
08 What should I do immediately after an accident in Carlsbad?
(1) Get to safety; (2) Call 911 even for seemingly minor accidents; (3) Get medical care within 24 hours, even if you feel okay; (4) Photograph everything; (5) Get witness contact info; (6) Don't give recorded statements to the other driver's insurance company; (7) Contact a personal injury attorney before signing anything. See our complete First 7 Days After an Accident guide for detailed day-by-day steps.
