Albuquerque Jury Awards Family $5.5 Million in FedEx Wrongful Death Case

By: Mark Caruso, Albuquerque Accident Attorney

An Albuquerque Federal Court jury awarded $5.5 million on Friday afternoon to the family of Martin Leon who was killed by the driver of a FedEx tractor-trailer.

Martin Leon, 48, of Los Angeles, CA was killed on November 30, 2011 leaving his wife and three children. The wrongful death lawsuit was filed by his widow, Elia Leon. The lawsuit sought personal injuries and wrongful death against FedEx and its driver.

The fatal crash happened at 11:00pm on Interstate 40 near Grants, New Mexico.  Fed Ex driver Federico Martinez-Leandro rear-ended another slower moving tractor-trailer at about 68 mph.  Martin Leon was in the sleeper compartment of the FedEx trailer. The sleeper compartment was completely demolished.

At the scene of the horrific crash the FedEx driver told officers that he had fallen asleep.  He was pulling two trailers when he suddenly changed lanes from the left lane to the right lane and collided with the rear of another tractor-trailer.

The Leon family claimed that no driver safety training was provided to its semi truck driver. The family also claimed that the FedEx driver and FedEx  itself were negligent in the operation of the semi truck.

"We asked the jury to send a strong message to FedEx that it must begin over-the-road safety training of its semi truck drivers.  FedEx officials admitted at trail that it provided no over-the-road driver safety training," said Leon's attorney Mark Caruso.

"The Leon family continues to struggle with the death of their father and husband," said attorney Caruso.  "The death has really affected his 14 year old daughter Juanita who was only 10 at the time of he father's death."

The 5 day Albuquerque jury trial was held before US District Judge James Browning.  The family had already settled their case with the trucking company responsible for the slower moving tractor-trailer. 

The Leon family was represented by Albuquerque trial attorney Mark Caruso, who was also involved in last year's Santa Fe lawsuit that resulted in a $16.5 million jury verdict against FedEx.  In that case, the FedEx tractor-trailer rear-ended a passenger vehicle.
 

How Much is Pain and Suffering Worth in New Mexico Auto Accident?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?" 

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 33 years.  During that time I have only handled personal injury and wrongful death claims.  I worked as an insurance company attorney for part of that time.  So, I will give you my own analysis.

The purpose of  pain and suffering is to compensate you for what you have been thru because of the accident that caused your injuries. 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person.

New Mexico law allows for compensation for pain and suffering in all personal injury cases where there is evidence of pain and suffering.  We will talk about the evidence and documentation to prove pain and suffering below.

Pain and suffering is in addition to medical bills, lost earnings and permanent injury.

Many people believe that the amount of medical bills dictates the amount of pain and suffering.

 The amount of the medical bills does not always dictate the amount of pain and suffering. 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases.  Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without a lot of follow up care. Also, not much can be done to treat broken ribs.

Based on my experience of 33 years of handling personal injury cases, I believe as a general rule that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills.   I believe as a general rule that broken bone cases are worth about 8 times the medical bills. There should be additional compensation for  lost earnings,  future medicals and permanent impairment.

So here are some examples:

EXAMPLE 1:    John suffered a whiplash and back injury after an auto accident that was not his fault.  He was taken by ambulance to the emergency room, had a follow up with his primary doctor and then began treatment with a chiropractor.  His medical bills were $10,000  He had no lost earnings and no permanent impairment.  He felt fine after his treatment was concluded.

Using the formula of 3 times the medical bills, John's case should be valued at $30,000

EXAMPLE 2:   Carol suffered a broken arm after an auto accident that was not her fault.  She was taken by ambulance to the emergency room where her arm was casted.  She had two follow up appointments with her doctor who removed the cast 60 days later.  Her medical bills were $5,000.  She had no lost earnings and no permanent impairment.  She felt fine after her treatment was concluded.

Using the formula of 8 times  the medical bills, Carol's case should be valued at $40,000

Court Appointed Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County.  Juries are much more less predictable.

 It is extremely important that injured patients communicate to their health care providers all of their pain and  suffering and carefully describe how the injuries have affected them.  If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills.

The insurance company adjuster, judge, arbitrator or juror will carefully review the notes written by your health care provider. They will look at your reported pain levels and symptoms associated with the injury as reported by you to your health care provider.

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing to document.   Picture it this way.  You need to give the doctor the ammunition for your gun.  They need you to feed them the information so they can document your complaints accurately and completely.

It is more difficult for men to communicate pain and suffering to their doctor.

The reason is that most men find it more difficult to complain about their pain.  Men are macho, and it may be considered a sign of weakness to complain of pain to their health care provider.

Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.

Again, please remember......Insurance company adjusters, judges, arbitrators and jurors will carefully read the medical records written by the health care provider.  If no pain and suffering is mentioned, don't expect a large amount of  pain and suffering.

A personal diary of how the injuries have affected you is also helpful. 

The diary can track specific instances an dates of pain and suffering.  The diary should include names of people who witnessed the discomfort and the degree of discomfort.  You can include events that occurred through the day that caused increased pain or discomfort.  The diary can also be read by the decision maker in determining how the injuries affected your daily life.

The most important advice I can give you in this blog is to document your pain and suffering.

Document your pain and suffering with your health care providers.

Document your pain and suffering with your employer.

Document your pain and suffering in a pain diary.

 Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their personal injury and wrongful death claims.    Caruso Law Offices has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact Mark Caruso at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361. You can also contact Mark Caruso directly at mark@carusolaw.com

Your consultation will be with Mark Caruso, not a legal assistant or paralegal.  He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain Caruso Law Offices'    discounted 29% contingency attorney fee on all personal injury and wrongful death claims.

Dangerous Road Conditions Cause Dozens of Auto Accidents in Albuquerque

By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney

With dozens of auto accidents in Albuquerque because of dangerous road conditions, it is important that you understand how to handle the situation with the other driver.  

Ice and snow covered roads are inherently dangerous!  

The best way to avoid an accident is to drive slowly and safely.

But what should you do when the other driver slides on ice into your lane of traffic?

First, call the police!

With so many accidents from the iced roads, Albuquerque Police Department (APD) may argue to you that they will not respond unless there are injuries.  Because you are not a medical expert, you are not in a position to diagnose whether or not you have an injury.  You may have an injury that shows up an hour after the collision.

You must have APD respond.  Don't settle on 911 telling you to just exchange information with the other driver or file a station report the next day.

The reason why you must have the police respond is to document in writing what happened in the collision. The APD officer will document it on a police report that is signed by him/her.

Caruso Law Offices, PC

It is urgent that the APD officer write down that the other vehicle slid into your vehicle while you safely operated your vehicle in your lane of traffic. The APD officer will state on the report what each driver told him and make his/her  conclusions as to the cause of the collision.

The explanation as to how the collision occurred will change after the other driver gets home and talks to others or their own insurance company.  The other driver and their insurance company may argue that the accident was your fault because you entered their driver's lane of traffic.

Also, remember that the APD officer's lapel cam will be running from the moment he/she exits the vehicle up until they re-enter their vehicle.  Everything you and the other driver say will be recorded by the officer.

Because of the recording, please remember that you are being recorded.  Be respectful, don't use cuss words, and just give a concise explanation of exactly what happened.

Our law firm always requests a copy of the APD officer lapel cam, and it is amazing what people say to the officer following the accident. Remember, you are on camera!!!!

Second, use your cell phone to photograph the scene and make a recording of the other driver stating that the accident was their fault.

Photograph the damage to the vehicles, the roadway, the ice on the roadway, the direction of the slide, etc.  You can't take too many photos.

Video or voice record the other driver stating that the accident was their fault or that they are sorry for what happened. Generally, people are more honest immediately after the accident when their adreneline is flowing.

Their story may change when they leave the accident scene and try to find an excuse as to why the accident happened.

It is very important that you consult with an attorney following an accident on ice and snow.... LIABILITY WILL BE QUESTIONED 

The liability claim (who is at fault) is much more complicated in accidents occurring on ice or snow. Insurance companies usually try to argue that an accident on ice and snow is 50-50 split. Half their driver's fault and half your fault.  Expect the insurance adjuster to claim that you slid as well and that you failed to stay in your lane of traffic.

Don't fall for this argument. Don't agree to a 50-50 split. This means that you were half at fault for the accident that you really didn't cause.  Talk to an attorney before you agree to any such division of liability.

These cases become even more complicated if you slide after putting on your brakes because the other driver is sliding into you or if the impact forces you to slide into another vehicle.

Caruso Law Offices exclusively handles motor vehicle accidents.  It's all we do, and we are good at it.  Please see our testimonials published on our web site www.carusolaw.com

My name is Mark Caruso.  I have 33 years of legal experience.  I was an insurance company attorney before I began helping people being ripped off by insurance companies.  Now my staff of attorneys and I exclusively represents the victims of auto accidents.  We know the ins and outs of the insurance claims practice.

Please call me at 505-883-5000 or contact me personally at mark@carusolaw.com to arrange for an in person or telephonic appointment with me, not a paralegal, to discuss your car accident.  Again, it is urgent that you speak with an attorney before talking with the other person's insurance company.

Remember, we handle cases on a contingency fee basis.  That means we are only paid if we win money for you.  It costs you nothing up front to talk with me.  We are paid at the end of the case only if you are successful.

Hit and Run Accidents Increasing in Albuquerque and New Mexico

Albuquerque, NM Hit and Run Accident Attorney Blog  505-883-5000

Hit and run accidents have been steadily increasing in Albuquerque and New Mexico. There are probably two causes for this increase--tougher DWI laws and failure to purchase liability insurance coverage.

Mark Caruso, Personal Injury Attorney

Tougher DWI laws have resulted severe consequences for the drunk driver with very high attorneys fees and court costs as well as the installation of expensive breathalizers. In most instances it will cost about $4,000 to $5,000 if you are charged with a DWI.

As a result, drunk drivers who cause car crashes will often leave the scene of the crash to avoid being convicted of the DWI.  The cost of a citation for a Hit and Run is so much less expensive than a charge of DWI.

Also, as the economy is affecting NM poor, one of the first expenses that have been eliminated from the budget is the automobile liability insurance.  To them  it is more important to put a home over your head and pay for groceries than it is to pay for automobile insurance.  Unfortunately they continue to operate their vehicle on NM roadways without the state's mandatory insurance coverage.

As a result, uninsured drivers who cause car crashes will often leave the scene of the crash to avoid paying for the property damage and personal injuries caused by their negligence.

Our personal injury law firm has clearly seen increased Hit and Run cases.  Our research has shown that it is an economic decision made by the person who caused the crash to avoid responsibility for their actions.  Unfortunately,  their negligence and intentional act of leaving the scene of the crash causes harm to others.

If the hit and run driver is later caught by Albuquerque's Hit and Run Division, the driver's insurance will pay the damages caused by their insured. The individual who was injured  by the hit and run driver may also be able to collect punitive damages as  additional punishment money.  However, the net cost to the hit and run driver may only be a citation and higher insurance rates.  The hit and run driver escapes the financial and criminal cost of the DWI.

This is not true for the uninsured driver who has no insurance to pay for the damages he/she caused. Instead the individual who was injured by the hit and run driver must bring a claim against his/her own uninsured motorist coverage.  The uninsured motorist coverage will pay for the property damages and personal injuries to the innocent driver.

The insurance company which pays will then seek direct compensation from the uninsured driver.  This means that the uninsured driver must not only pay the citation for the hit and run but also pay for all the damages out of his/her own pocket because they didn't have liability insurance.

Because we represent victims of hit and run accidents on a daily basis we are uniquely qualified to handle these types of cases.  Mark Caruso is a former insurance company attorney with 32 years of experience, and his staff has been specifically trained to handle all types of personal injury cases.  Our firm only handles personal injury claims.

If you would like more information please contact Mark Caruso directly at 505-883-5000 or visit our website at http://www.carusolaw.com   We will give you an in person appointment with an attorney at no obligation.

Blog by Mark Caruso,  Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Mark Caruso Named Top 100 Trial Lawyers in New Mexico by the National Trial Lawyers Association

Albuquerque Best Personal Injury Attorneys

Albuquerque personal injury and wrongful death attorney Mark   Caruso has been named to Top 100 Trial Lawyers by the National  Trial Lawyers Association.  The selection was made from all plaintiff and defense lawyers in the State of New Mexico.



Mark Caruso, Attorney

The National Trial Lawyers Association is a professional organization of America's top trial lawyers.  Membership into the organization is by invitation only and is extended to to those attorneys who exemplify superior qualifications, trial results and leadership in their respective state.  Mark Caruso was determined by the NTLA to be an exceptional trial lawyer in the practice area of Civil Plaintiff Litigation.


Caruso Law Offices was founded in 1982 in Los Angeles and in 1987 in Albuquerque.  Mark Caruso is licensed and authorized to practice in all state and federal courts in both New Mexico and California. After graduating Pepperdine University School of Law Mark Caruso primarily represented insurance companies, but since 1987 his practice has been exclusively limited to representing injured clients against insurance companies and large self-insured corporations.

Mark Caruso named Top 100 Trial Lawyers by The National Trial Lawyers Association

Mark Caruso offers a free and confidential appointment to personally discuss your personal injury or wrongful death claim.  Call Mark at 505-883-5000.  We have two offices in Albuquerque to serve our clients--the North East Heights Main Office (Montgomery & Carlisle) or the West Side Office (Interstate 40 and Coors NW).  You can find out more about Caruso Law Offices at www.carusolaw.com or www.AlbuquerqueAccidentAttorney.blogspot.com

By Mark Caruso, Albuquerque, NM Personal Injury and Wrongful Death Attorney

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Importance Of An Experienced Personal Injury Lawyer In Albuquerque

How to pick the best personal injury attorney for your Albuquerque, NM

Albuquerque's Best Personal Injury Attorney

Being involved in a vehicle accident can be a frightening and devastating experience. Those injured in an accident often find themselves feeling unsure of what to do and how to get the medical help they need as well as the financial compensation they deserve. Hiring a personal injury attorney in Albuquerque is the best move a personal injury victim can make.

What Will a Personal Injury Lawyer Do?

Personal injury lawyers help clients understand the details of the law and fight to get them the money they deserve to allow them to get back on their feet after an accident. No matter what type of accident occurred (including  auto accidents, truck accidents, bicycle accidents, drunk driving accidents and motorcycle accidents), an Albuquerque personal injury lawyer can help.

An attorney will help clients file paperwork and gather all necessary information associated with the case. Additionally, an attorney will handle all communication with other insurance companies and any other involved parties. This helps to save the client time while reducing the client’s stress. If needed, an attorney will consult with medical professionals to get their expert opinions and have them testify at trial to prove the extent of your injuries to the jury.

An attorney can help the injured person get immediate medical care by providing the doctor and other health care professionals a letter of protection and physician lien.  This permits the health care professional to treat the injured person with no insurance, no up front money,deductibles or co-pays.  The health care professional is paid by the attorney at the end of the case from some of the proceeds from the settlement.

What Should Clients Look for in an Attorney?

When looking for a personal injury lawyer in Albuquerque, an injured person should look for someone with expertise and experience. Finding out how many years of experience an attorney has as well as how many clients he or she has represented will help a potential client in deciding whether or not to hire the attorney. Additional questions should include which types of cases an attorney has handled as well as what the outcome has been for each of those cases. Hiring an attorney with the necessary experience will help clients be confident that they will receive a fair settlement in their case.

Mark Caruso is one of the top rated personal injury attorneys in New Mexico.  He has received the following awards and certifications:

***10 out of 10 by AVVO lawyer rating service

***A+ Rating by Better Business Bureau (BBB) of NM,

***Top 100 Trial Lawyers by the National Trial Lawyers

***Top 100 Lawyers by the American Society of Legal Advocates

***Life Member, Million Dollar Advocates Forum, Top Trial Lawyers in America

***2013 Martindale Hubbell Client Distinction Award

***Lead Counsel Rated Trial Attorney

***2013 AVVO Clients' Choice Award in Personal Injury

***Top Merchant on Merchant Circle

***Member, American Association of Justice

***Member, NM Trial Lawyers Association

It is important to find an attorney who will discount the attorney fee to 29% rather than charge the normal 33 1/3% attorney fee.  This puts more money in the injured person's pocket where it belongs rather than the attorney's pocket.  Mark Caruso offers the 29% discounted attorney fee.

Mark Caruso is a former insurance company attorney.  He knows the "ins-and-outs" of the insurance claims process to get you the highest settlement possible for your car accident claim.

Make sure that you carefully read the testimonials of former clients.  These testimonials are the best source to find the top rated and best attorneys in Albuquerque.  Mark Caruso consistently receives excellent testimonials.  All client testimonials are available at www.carusolaw.com or www.AlbuquerqueAccidentAttorney.blogspot.com

By hiring an experienced and highly rated Albuquerque personal injury attorney, those injured in accidents can leave the legal concerns to the attorney while focusing their energy on healing, both physically and emotionally. Attorneys will see that their clients are treated fairly and are awarded  the appropriate compensation in their case. Free Consultations are available at either of our two Albuquerque locations. Call Mark Caruso at Caruso Law Offices, PC at 505-883-5000 for a free consultation regarding your personal injury case.

Blog by Mark Caruso, Albuquerque, NM Personal Injury and Wrongful Death Attorney

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Wrongful Death Claims Under New Mexico Law

WHAT RIGHTS DOES YOUR FAMILY HAVE AFTER A FAMILY MEMBER WAS KILLED AS THE RESULT OF THE WRONGFUL ACT OF ANOTHER PERSON?

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

First, if you have recently lost a loved one as the result of the wrongful death of another, let me express my condolences to you and your family on the death of your family member. I know that no words can console you for what you have gone thru. But as a wrongful deawth attorney  I promise you the satisfaction of knowing that those responsible for the wrongful act that caused the  death will be held accountable for their actions.

When you lose a loved one due to an accident caused by the careless actions of another, you want and need answers quickly. The New Mexico wrongful death attorneys at Caruso Law Offices can help you find out why the accident happened and help your family gain closure.

The challenge of facing life without your loved one combined with funeral costs, loss of wages and support, and medical bills can be too much to handle alone. While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial responsibilities related to your loved one’s death, so that you can grieve with your family. 

We can help you find out the real reason why your loved one’s death happened, and we can work with you to hold those who caused the death responsible. We know that you need immediate answers, and we will get the answers for you.

HOW A NEW MEXICO WRONGFUL DEATH ATTORNEY CAN HELP.

A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death. It may be difficult to receive compensation without an experienced New Mexico wrongful death lawyer who can help prove the party responsible for your loved one’s accident. Investigating the fault of all possible individuals and their various levels of insurance coverage can be complex.

Mark Caruso and his staff at Caruso Law Offices have been assisting families like yours in overcoming personal tragedies for more than 32 years. It’s our passion to help take care of your family’s needs during this difficult time. You’re not alone—call us today at (505) 883-5000 or visit our web site at www.carusolaw.com

WHAT IS A NEW MEXICO WRONGFUL DEATH CLAIM?

 

Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re dealing with grief, funeral preparations, and the difficulty of facing life without your family member.

In its simplest terms, a wrongful death claim is seeking compensation or money damages from the at fault person, company and their various insurance companies to pay for the loss of your loved one. Often there are several different layers of insurance that must be looked into before settlement can be made with any one particular insurance company.

Mark Caruso and his staff at Caruso Law Offices will approach the legal process with compassion and understanding to get your family the legal support it needs. For more than 31 years, our legal team has helped the victims of tragedy receive the compensation necessary to rebuild their lives.

WHO CAN FILE A NEW MEXICO WRONGFUL DEATH CLAIM?

Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative, who has been appointed by the District Court, can file the claim. We begin our involvement in the claim by talking to all family members who have any interest in becoming the lead person to handle the claim. Once a family decision is made on who this person will be, we file the appropriate court documents in the court to name this person as the representative (also known as the Administrator or Executor) of the estate. After the court appointment, we file a wrongful death claim against the at fault person, company and insurance companies.

Some of the family members who have traditionally been appointed by the Court to act on behalf of your loved one include a spouse, a child, an heir or heiress, a chosen beneficiary or a parent.

One of your duties as a representative of the estate is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Mark Caruso can answer your questions and explain your family’s options.

TYPES OF MONEY DAMAGES IN NEW MEXICO WRONGFUL DEATH CLAIMS.

In New Mexico, depending on the details surrounding your family member’s death, you may be able to recover damages for:

• funeral expenses,
• pain and suffering following the trauma causing the death,
• medical expenses resulting from the trauma leading to death,
• lost wages and future lost wages,
• lost benefits and future lost benefits,
• loss of support,
• loss of inheritance,
• loss of your loved one’s medical bills,
• mental anguish suffered by surviving family members.

Mark Caruso and his staff of attorneys, paralegals, legal assistants, investigators and experts will use every resource possible to recover the full amount of compensation you deserve for your loss.

 

SEE  OUR VIDEO BELOW.  MARK CARUSO WILL EXPLAIN WRONGFUL DEATH CASES UNDER NEW MEXICO LAW

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While a video can be informative, only a confidential appointment with Mark Caruso will be able to address all of your questions regarding your wrongful death claim. Mark Caruso will give you a free no obligation and completely confidential consultation to discuss the facts and details of your family's claim. He can visit you at your home or after hours and weekends. Just call 505.883.5000 to schedule a time to meet with Mark Caruso.

We promise to leave no stone unturned in investigating every asset available to your family. It is our job to find all insurance coverage and assets to get you the most money possible.

We have settled many cases for over one million dollars.  We have been recognized by the Million Dollar Advocates Forum for our achievements in getting several million dollar settlements for families who have suffered the wrongful death of their loved one.

 Mark Caruso can meet with you at either of his Albuquerque offices--Northeast Heights or Westside. Consultations with Mark Caruso are FREE and without obligation. He can meet you at your home, work, hospital on weekends and after-hours. We represent wrongful death clients statewide New Mexico and in the Indian Pueblos and Navajo Reservation. Contact us at (505) 883-5000. Visit our web site at www.carusolaw.com or contact Mark Caruso confidentially at mark@carusolaw.com

 

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Giovanna Caruso Starts Phoenix School of Law

By Mark Caruso, Albuquerque, NM Personal Injury and Wrongful Death Attorney



Giovanna Caruso

Giovanna Caruso, a 2013 graduate of a Bachelor of Arts in English Literature from Baylor University in Waco, Texas, began her first day of law school at Phoenix School of Law.  The law school will be changing its name later this month to Arizona Summit School of Law.  The law school is one of three ABA approved law schools in Arizona.
 

Among the factors that influenced Giovanna Caruso to choose Phoenix School of Law were the beautiful new one year old complex in downtown Phoenix on the top floors of One North Central Avenue. The law school has state of the art classrooms, courtrooms, library and other facilities.

 Other factors included the proximity of Phoenix School of Law to Albuquerque, a substantial scholarship from the law school, and Indian Law courses she will take at the law school.

More important, however, is Phoenix School of Law's unique emphasis on lawyering skills and its training of its law students to be ready to practice law after they pass the Bar.

At Phoenix School of Law Giovanna hopes to specialize in personal injury and wrongful death litigation for her future employment as an attorney at Caruso Law Offices. Giovanna has worked as a legal assistant at Caruso Law Offices during her vacations away from Baylor University. She assisted attorneys with personal injury lawsuits from car, truck, motorcycle and pedestrian accidents and collisions.

Giovanna said, "I studied at Baylor University in Texas. I studied English Literature at Oxford University in England. I studied Spanish at the University of Granada in Spain. Now I get to study law at Phoenix School of Law in Arizona. I'm so excited about moving to Phoenix and studying law."

Giovanna Caruso is the daughter of Mark and Judy Caruso of Caruso Law Offices in Albuquerque, New Mexico. Caruso Law Offices is a personal injury and wrongful death law firm representing victims of vehicular, car, auto, truck, semi truck, tractor trailer, motorcycle, bus, bicycle and pedestrian crashes, wrecks, accidents and collisions. Mark and Judy Caruso have operated Caruso Law Offices in Albuquerque since 1987. Caruso Law Offices can be contacted at mark@carusolaw.com or thru their web site at www.carusolaw.com


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NM Uninsured/Underinsured Motorist Claims: Importance of Getting A Written Settlement Sanction By Your Own Underinsured Motorist Insurance Company Before You Settle For Policy Limits With The At-Fault Driver's Insurance Company

By: Mark Caruso

It is imperative that you get the written approval and sanction to settle from your own  underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  If you don't do so, your own underinsured motorist insurance will deny any payment of underinsured motorist coverage to you because you breached the insurance contract.

NM uninsured/underinsured motorist claims are complex. You must get a written settlement sanction by your own underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  Failure to do so will be devestating to your underinsured motorist claim.

Here's the scenario.  You have an injury claim resulting from an Albuquerque, NM auto accident. You have thousands of dollars of medical bills, and you have lost earnings and wages from your job. You haven't hired an attorney, and you are trying to settle the claim yourself.

You want to settle for $40,000

Caruso Law Offices, Personal Injury and Wrongful Death Attorneys

 

Let's say that you have State Farm Insurance on your vehicle, and the at-fault driver has Allstate Insurance on his truck that caused the collision.  You hear from the Allstate Insurance adjuster that their driver only carried minimum limits of $25,000.  The adjuster sends you a declaration page proving that the driver only carried $25,000. The adjuster offers to settle your claim for policy limits of $25,000 and asks you to sign the release of all claims.

You know that you also have underinsured motorist coverage with your own insurance, State Farm.  You have had some discussions with the State Farm adjuster about your claim against Allstate and the possibility of going against State Farm for any amounts over $25,000.

Your insurance contract (or policy) with State Farm requires you to get State Farm's  written sanction and approval of the settlement with Allstate Insurance before you sign the Release with Allstate.  If you don't do so, State Farm doesn't need to pay you anything.  The adjuster from State Farm doesn't need to tell you that there must be a written approval.  You are assumed to know what is in your contract (policy) with State Farm.

Here is what you must do to preserve your right to continue your claim against State Farm's underinsured motorist coverage:

1. The Allstate adjuster must send you a letter with the offer of policy limits in writing and a copy of the Declarations Page of the at-fault driver's policy with Allstate. This letter must state that Allstate is offering to settle for policy limits of $25,000.

2. Let the Allstate adjuster that you need a few days to get the sanction and approval of the release and settlement from State Farm, your own under-insured motorist carrier.  Do not sign the release until you get the sanction and approval from State Farm.

3. You must then immediately send the letter from the Allstate adjuster together with the Declarations Page of the at-fault driver's policy with Allstate to the State Farm adjuster.  You must request that State Farm sanction and approve a settlement between you and Allstate and its at-fault driver.

4.  The State Farm adjuster will then do an assets check on the at-fault driver to determine if the person has assets that State Farm could go after.  Once State Farm finishes the assets check, you will receive a written letter from the State Farm adjuster authorizing you to settle with Allstate and its at-fault driver and giving you the right to sign the release for Allstate and its at-fault driver.

5.  Do not accept a verbal authorization from State Farm to settle.  The authorization must be in writing, either by email or letter.

6.  You can now settle with Allstate and its at-fault driver.  You can sign the release and accept the check for $25,000

7. You can also now present your claim to State Farm for the underinsured motorist claim.  If your claim is valued at $40,000 and you have already received $25,000 from Allstate, you would now want to settle for $15,000 with State Farm Insurance.

I again want to stress the importance of getting the approval to settle from your own car insurance company before you settle with the at-fault driver's insurance company IF you intend to pursue an underinsured motorist claim.

 

If you have any questions on the process or procedure, please feel free to contact me at 505-883-5000 for a free consultation.  My firm, Caruso Law Offices, has two offices in Albuquerque--the North East Heights and the West Side--but we handle cases throughtout New Mexico and its pueblos and reservations.

I have been practicing law for 31 years, and I am a former insurance company attorney who now exclusively represents the victims of collisions and accidents.  We believe that we are extremely good at what we do, because we only handle personal injury and wrongful death cases.  Whether you have a car accident, a truck accident involving an 18 wheeler, tractor trailer or semi truck, a motorcycle accident, a bicycle accident or a pedestrian accident--We Are Here To Help You!

When considering an attorney, it's important to ask the following:

1. What kind of experience does the attorney have?
2.  Is the attorney or law firm rated by other attorneys and their clients?
3.  Does the attorney or law firm have client testimonials from real clients?
4.  Is the law firm rated by the Better Business Bureau?
5. Will the law firm discount its attorneys fees to 29% if the case can be settled without a lawsuit?

The answer for our attorneys and law firm to these questions is a strong YES! 

I hope to personally hear from you for your Free Consultation with me. 

Thanks. Mark Caruso

505-883-5000
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com

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Best Personal Injury Attorneys in Albuquerque, NM

Mark Caruso among highest rated Albuquerque personal injury and wrongful death attorneys.

 

Independent ratings from the following organizations show why Mark Caruso is among the highest rated personal injury and wrongful death attorneys in New Mexico:

 

AVVO  Attorney Rating Service:  Mark Caruso has  been ranked by the prestigious attorney  rating ranking service as a "9.9  SUPERB" on AVVO Attorney Ratings. Mark Caruso ranks extremely high in the areas of Experience, Industry Recognition and Professional Conduct. This AVVO lawyer rating of "9.9  SUPERB" makes Mark Caruso and Caruso Law Offices one of the highest and best AVVO rated personal injury attorneys and law firms in New Mexico. A perfect score is a 10.

 

Martindale-Hubbell Client Ratings:  Mark Caruso has been awarded the prestigious 2012 and 2013 Client Distinction Awards from Martindale Hubbell, a non-biased and unpaid lawyer rating and referral service. Mark Caruso was recognized by Martindale-Hubbell as an excellent personal injury attorney for his Quality of Service, Overall Value, Responsiveness and Communication Ability. The award was a result of high client ratings and reporting to Martindale Hubbell and other forums.

 

Martindale-Hubbell Attorney Peer Review Ratings: Mark Caruso is AV rated by Martindale-Hubbell as a result of the independent peer review evaluation process completed by other attorneys who are familiar with Mark Caruso.

 

Million Dollar Advocates Forum:  Mark Caruso was recently named a life member to the "Million Dollar Advocates Forum, The Top Trial Lawyers in America".  Established in 1993, the Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.   Membership is limited to attorneys who have won several million and multi-million dollar verdicts and settlements. There are only  4000  members throughout the country. Fewer than 1% of U.S. lawyers are members.

 

Albuquerque Better Business Bureau (BBB):   Mark Caruso has been awarded an A+ rating by the Albuquerque Better Business Bureau.

 

Lead Counsel Rated in Personal Injury:   Mark Caruso has earned the Lead Counsel Rating in Plaintiff's Personal Injury and Wrongful Death Law.  The Lead Counsel Rating is awarded to peer-recommended attorneys who have demonstrated significant experience and maintain a clean disciplinary history with verified experience, peer recommendations and a spotless record. 

 

AVVO Clients' Choice Award in Personal Injury:  Mark Caruso was awarded the AVVO Clients' Choice Award for New Mexico for 2013.

 

AVVO Top Contributor Award in Personal Injury:   Mark Caruso was awarded th AVVO Top Contributor Award in Personal Injury for 2013.

 

Verified Top Merchant in Merchant Circle:

 

SuperPages SuperGuarantee Protected Law Firm:  Mark Caruso is backed by the SuperGuarantee program for personal injury and wrongful death law.

 

 

Mark Caruso maintains active memberships with the following organizations: 

Member, New Mexico Trial Lawyers Association

Member, American Association for Justice

 

Member, State Bar of New Mexico

 

Member, State Bar of California

 

 

See our many Client Testimonials  at  www.carusolaw.com

 

 

 

Please call Mark Caruso today at 505-883-5000 and find out more how we can help you with your personal injury or wrongful death claim.  We have two offices in Albuquerque to serve you--NorthEast Heights and West Side.  We represent clients statewide and in the pueblos and reservations of New Mexico. We offer free consultations and can meet you after hours or on Saturdays, at your home, hospital, place of employment.

 

 

 /By:  Mark J. Caruso, Personal Injury and Wrongful Death Attorney  mjc427@gmail.com

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How Can Chiropractic Care Help With Your Injuries From a Car Accident or Collision?

By Julie Bowen

If you have been injured in an Albuquerque car wreck or some other accident, you know that you need to seek immediate medical attention at the Emergency Room and follow-up care from your primary care doctor. Chiropractors have an important role to play as part of the health care team treating accident victims as well. They can help to evaluate the full extent of your injuries from the accident, and provide treatment to mitigate worsening of symptoms. 

Whiplash Injuries from Car Accidents

Chiropractors can treat injuries from car accidents, commonly known as whiplash, which is caused during a rear-impact collision. The impact from the collision can result in a number of health problems, including:

Loss of resiliency in the spine or limbs

herniated discs

difficulty with movement

chronic pain

difficulty concentrating

Chiropractic Consultation

During a consultation, the chiropractor will meet with you to discuss your injuries, get a description of your symptoms and take a case history. Be prepared to discuss any other treatments you have undergone with your family doctor and other specialists during this part of the visit. Don't hesitate to mention the emotional symptoms you are dealing with following the accident to the chiropractor, such as difficulty concentrating, irritability, and trouble sleeping. It's important to raise any existing conditions you may have, too, as these may affect your tratment.

According to the results of a new study, for example, there is a link between Post-traumatic Stress Disorder (PTSD) and chronic whiplash symptoms. Patients who are living with PTSD have higher levels of pain than whiplash patients who do not have this disorder. Learning how to deal with PTSD following a car accident will require seeking treatment from other professionals, and needs to be diagnosed appropriately so that you can get the right type of treatment, which may include medications, psychotherapy, or both.

Chiropractic Care for Soft Tissue Injuries

The type of soft-tissue injury which presents following a car accident may need more than just pain relievers and muscle relaxers to heal properly. These measure provide symptom relief but don't really do anything to get to the root of the problem.

The damage caused to soft tissues will not necessarily heal within four to eight weeks. It does not simply get better on its own with time and rest. This type of injury requires specific treatment if you are going to be restored to the state you were in before the accident.

Drug-free Treatment 

Chiropractors can offer a safe, drug-free treatment option to accident victims. Their approach is non-invasive. These trained professionals can focus on the following types of injuries:

• Back pain
• Headache
• Neck pain

Once the whiplash has been diagnosed, the chiropractor has a number of treatment options available to offer you. The first thing you may think of when considering visiting a chiropractor is manipulation, "cracking" the neck. This is not the only means of treatment available. The chiropractor can also offer muscle relaxation or stimulation therapy or suggest exercises which may help. He or she may also be able to suggest some ergonomic or lifestyle changes which can help to lessen the neck pain and promote healing. 

The first phase of the injury lasts for approximately 72 hours, during which time the damaged tissue bleeds continuously. During this phase, the injured body part should be treated with ice.

At the 72-96 hour mark, the damaged blood vessels repair themselves. This step marks the beginning of the regeneration phase of treatment, which lasts for between six and eight weeks. At the end of this stage, the gap between the torn tissues is bridged.

The third, or remodeling, phase is where the tissues become stronger and change to become more like the original, undamaged tissue. Proper treatment from a chiropractor can help to ensure that they heal properly to avoid developing into a chronic problem. Experts say that it takes about one year for damaged soft tissues to heal properly.

Compensation for New Mexico Accident Victims

If you have been injured in a New Mexico motor vehicle, truck, motorcycle, bus or pedestrian accident or collision and the other driver was at fault, you may be able to recover money for your injuries and your reasonable medical expenses resulting from the accident, including the cost of doctor's and chiropractor's bills. You can make a claim for pain and suffering.  You may also be able to make a claim for compensation for loss of income (past and future), which is why you and your legal team need to understand the full picture regarding your injuries and the impact they will have on your life. 

The Albuquerque law firm of Caruso Law Offices is well prepared to assist you with your claims against the insurance company.  Mark Caruso, the owner of Caruso Law Offices, is a former insurance company attorney, and he will explain your right to compensation and what you are entitled to be paid for from the insurance company. 

You can contact Mark Caruso directly at 505-883-5000 or their web site at www.carusolaw.com  They have some great YouTube videos describing your rights following a car accident at http://www.youtube.com/channel/UC1CfFrQ5rMb3eegwRl_S3aQ