Leon Family Satisfied With FedEx Wrongful Death Jury Verdict of $5.5 Million

While no amount of money could ever compensate Elia Leon and her three children for the wrongful death of her husband and father, she was satisfied with the FedEx wrongful death jury verdict of $5.5 million.  An Albuquerque Federal Court jury returned the multi-million dollar verdict against FedEx on Friday afternoon.

"I hope that FedEx changes its practices and begins a truck driver safety program so that other families won't suffer personal injuries and wrongful death from FedEx drivers," said Elia Leon.  "The loss to our family when Martin was killed by the FedEx truck driver changed our lives forever."

Martin Leon was killed on November 30, 2011 while he was a passenger in the FedEx tractor-trailer on Interstate 40 near Grants, NM.  He was in the sleeper compartment of a FedEx semi truck when his co-driver Fernando Martinez-Leandro rear-ended a slower moving  semi truck operated by Puckett Transportation.  Martinez-Leandro told investigating officers that he had fallen asleep before rear-ending the Puckett truck.

Martin Leon was a 48 year old  resident of Los Angeles, CA. In addition to his wife Elia, he left three children, Juanita, Adrian and Luis.

Following the death of Martin, Elia Leon hired Mark Caruso with Caruso Law Offices to represent her in a wrongful death claim against FedEx and Puckett Transportation. The lawsuit was filed by Caruso in US District Court in New Mexico and assigned to Federal Court Judge James Browning.

Elia Leon ultimately settled her claim against Puckett Transportation and its driver, but the lawsuit against FedEx and its driver was heard by the Albuquerque jury and Judge Browning last week.   The 5 day jury trial resulted in a jury awarding $5.5 million to the Leon family.

The family argued negligence and negligence per se statutory violations in the operation of the FedEx semi truck by Martinez-Leandro.  The family also argued that FedEx  failed to provide driver safety training to Martinez-Leandro and other FedEx  drivers.

Evidence  at trial proved that the trucking industry standard is for trucking companies to provide regular on-the-road truck driver safety training and that such regular truck driver safety training results in less crashes and less injury and death to the public.

FedEx attorneys argued that neither FedEx or its driver were negligent in the operation of the semi truck.    FedEx attorneys also argued that FedEx did not need to provide regular truck driver safety training to Martinez-Leandro or other FedEx drivers.

FedEx was represented by the Rodey Law Firm from Albuquerque and FedEx national counsel from Pittsburgh, Pennsylvania.   Mark Caruso with Caruso Law Offices and Paul Barber represented the Leon family.

For additional information contact Mark Caruso at  (505) 883-5000  or   mark@carusolaw.com   or see the website at www.CarusoLaw.com   or    www.NMTruckAccidentAttorneys.com

Truckers Often Drive At Speeds Their Tires Can't Handle

By Mark J. Caruso, Attorney

When was the last time that you were driving 70 mph on a New Mexico highway and were passed by a tractor trailer  going 75-85 mph?   The windblast of the tractor trailer may have  blown your car a little off course as it passed by.   It's probably happened more frequently than you want.

Beyond the obvious dangers of the semi truck moving at that high speed, there are hidden dangers as well from the  truck's tires on its tractor and trailer.   Most of the  commercial truck tires installed on semi trucks are designed for a maximum sustained speed of 75 mph.



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Pushing a commercial truck tire above its rated speed is a recipe for disaster.  The constant heat generated from the friction of the tire on the asphalt or cement can cause the tire to break down and fail.  With long hours of travel on the road, it doesn't take long for the commercial truck tire to  heat up and create a dangerous situation .

You have probably seen the remnants of truck tires littering our state's roads.



Excessive speed has been linked to many truck tire blow outs and crashes causing severe injury and death.

According to trucking data maintained by the National Highway Traffic Safety Administration (NHTSA), between 2009 and 2013 there were over 14,000 crashes in the United States involving heavy commercial trucks.  These crashes resulted in  16,000 deaths.  Tractor trailer tire failure was a reported factor in almost 200 of those crashes.

The trucking industry has argued that tire blowouts are caused by tire manufacturing problems, citing a high volume of instances with certain tire brand models.  However, investigations performed by NHTSA rejected such allegations.  It concluded that the most likely cause in each instance was "driver error"--that is, semi truck truck drivers pushing the truck and trailer tires beyond their speed ratings.

The trucking industry has also argued that the problem is not "driver error" because states have high speed limits. It is true that 14 states (including New Mexico) currently have highway speed limits of 75 mph or higher.  However,  just because state law permits travel at a specific speed does not mean that it is safe for semi truck drivers to travel at this speed. 

 

A responsible tractor trailer driver is required by the Federal Motor Carrier Safety Regulations(FMCSR) to know the limits of his/her equipment and is always required to take safety into consideration in operating the tractor trailer.  Further, the FMCSR requires the tractor trailer driver to regularly maintain his/her tractor and trailer, and this includes close inspection of all tires on a regular basis. The driver must check all 18 tires of the 18 wheeler.

If you or someone you know has been involved in an crash with a tractor trailer, semi truck or other commercial vehicle, it is strongly recommended that you consult with an attorney specifically knowledgeable about the handling of complicated truck accidents. Please contact NM Truck Accident Attorneys at 505-883-5000 for a free consultation. Also, see www.NMTruckAccidentAttorneys.com or www.CarusoLaw.com








 

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.

Act Quickly After Your New Mexico Car Accident

By Mark J. Caruso, Personal Injury and Wrongful Death Attorney


I must stress again the importance of acting quickly after your car or truck accident claim.  If there is any question as to the fault for the accident, you need to get evidence quickly to prove that you are not at fault.
After 32 years of handling personal injury and wrongful death claims, I have seen evidence disappear on many occasions.  It's usually a defendant who does whatever they can do to keep from paying money.  Oftentimes it is an insurance company and trucking company.


I was recently hired to represent a very nice family whose husband and father was killed in an crash with a tractor-trailer.  The family hired me two weeks after the crash to represent them on a wrongful death claim against the trucking company and its driver. I immediately notified the tractor-trailer company and its attorney that the evidence on the tractor-trailer should be secured for inspection by my trucking experts. The company moved the vehicle and most all of the evidence lost just 3 days after the crash, when they moved the tractor-trailer over 150 miles away.


Spoliation of evidence is the legal term for altering or destroying physical evidence that can be used at trial.  Claims adjusters often alter or destroy evidence to favor their client. To do so is wrong and in violation of New Mexico law.


Unfortunately, the only way to beat the spoliation of evidence by claims adjusters is to quickly hire an attorney who can quickly write a letter to the adjuster demanding that the evidence be preserved.  In the case above, even though the family hired our firm two weeks after the crash and my letter was on the attorney's desk two weeks after the crash, the evidence was gone.
That's why you need to hire a personal injury or wrongful death attorney quickly after your car or truck accident claim. It's important to hire an attorney who only handles these types of claims--day in and day out.  The attorney will know what kind of evidence needs to be safeguarded and how to safeguard it quickly.
Mark Caruso has been named one of the 10 top personal injury and wrongful death attorneys in the state of New Mexico. I have trained our staff and experts to handle this evidence safely and quickly. My attitude is to cross every "t"  and dot every "i" now, because you won't be able to do it later on.  What that means is that you need to take every action immediately because it may be too late later.


I encourage you to immediately contact me or one of the attorneys at Caruso Law Offices if you have any question as to the fault in the collision.  We have an excellent group of experts that we can send to the evidence as soon as we are hired to gather the evidence to use to show that you are not at fault for the collision.


Please feel free to contact us for a free consultation at 505-883-5000 to discuss your personal injury or wrongful death claim with one of our award winning attorneys.


We have two locations in Albuquerque to serve you--Montgomery and Carlisle (Main Office) and Coors and Interstate 40 (Satellite Office).  We travel the throughout the state and represent clients in almost every county and pueblo.  We can meet you after hours and on Saturday and Sunday, and we do home, hospital and work visits.


Please see our main web site at www.carusolaw.com if you have other questions about our firm.


We look forward to hearing from you.

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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New Report Shows Albuquerque Drivers Rank Below Average. Car Accidents More Likely in Albuquerque

By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney

Car accidents, truck accidents and motorcycle accidents are more likely to occur in Albuquerque, New Mexico according to a new report from Allstate Insurance which shows Albuquerque drivers rank below average in safe driving.  Albuquerque accident and personal injury attorney Mark Caruso says that Albuquerque drivers are more likely than drivers in most other cities to be involved in an auto accident resulting in personal injuries or wrongful death.

Allstate Insurance Company today released its ninth annual "Allstate America's Best Drivers Report®." The report, based on Allstate claims data, ranks America's 200 largest citiesⁱ in terms of car collision frequency to identify which cities have the safest drivers.

This year's top honor of "America's Safest Driving City" is Fort Collins, Colorado, the third time in report history that this city has held the top spot. Fort Collins has placed in the top ten every year since the report's inception. This year, the results indicate the average driver in Fort Collins will experience an auto collision every 13.9 years, which is 28.2 percent less likely than the national average of 10 years.

"Congratulations to Fort Collins for continuing to demonstrate excellence in safe driving," said Mike Roche, senior vice president of claims, Allstate. "Allstate's Best Drivers Report was created to boost awareness about the importance of being safe and attentive behind the wheel, while providing drivers with tips and resources to improve their driving skills."

According to the most recent report by the National Highway Traffic Safety Administration, car crash fatalities increased by more than 1,700 from 2011 to 2012, the first year-to-year increase in fatalities since 2005. While fatalities have increased over the past year, Allstate research found that 70 percent of vehicles involved in auto claims are considered drivable, which indicates that most claims are the result of low speed (under 35 miles per hour) collisions.

"Allstate has found the most frequent collisions happen during minor fender-benders, but it's important to keep in mind that even lower-speed accidents can have serious outcomes," said Roche.

Big-city vs. Small-city Driving 
Different levels and types of traffic, noise and activity, as well as varying road conditions and rules, can make big city driving different than driving in smaller cities or more suburban areas. Allstate offers the following tips for driving in both settings. In larger cities:

• Allow plenty of time to reach your destination. Stop-and-go traffic, gridlock, traffic signal stops, pedestrian walkways and events that create traffic detours can add time to your travel.

• Know what's happening in the city during the time you're driving. Find out if there are events that may impact traffic, and listen to traffic reports on your car radio. Avoid traffic jams or explore alternative routes, if possible. 

• Stay alert. Be prepared to frequently stop or slow down for pedestrians, emergency vehicles, delivery trucks, parking cars, taxi cabs, and public transportation vehicles such as city buses.

• Get directions to where you're going. Review directions carefully in advance. If you get lost mid-trip, safely pull over and wait until you feel calm enough to get back on the road, using that time to get directions, check traffic or call for help.

In smaller cities and suburban areas:

• Watch the speed limit. Speed limits may be greater than in city traffic, which can lead some drivers to speed up and make roads dangerous.

• Look out for pedestrians, especially children. While there are typically fewer pedestrians or obstacles than in large metropolitan areas, there are also typically fewer crosswalks, so pedestrians may be less aware of traffic rules such as where and when to cross the street.

• Know the rules of the road. Suburban streets typically have fewer streetlights and signs, or greater distance between lights and signs. This means darker conditions when driving at night and less opportunity to be reminded of speed limits and other road rules throughout the day. 

• Keep a safe distance – especially around large vehicles. Large vehicles like semi-trucks are more likely found on suburban roads than in large metro areas. Keep a safe distance between your vehicle and others, and know that truck drivers might have limited visibility. If you attempt to pass a truck, make sure you have plenty of time and space to maneuver safely.

The Report
For the past nine years, Allstate actuaries have conducted an in-depth analysis of company claims data to determine the likelihood drivers in America's 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period (from January 2010 to December 2011) to ensure the findings would not be impacted by external influences such as weather or road construction.

A weighted average of the two-year numbers determined the annual percentages. The report defines an auto crash as any collision resulting in a property damage claim. Allstate's auto policies represent about 10 percent of all U.S. auto policies, making this report a realistic snapshot of what's happening on America's roadways.

For the third time in the report's nine-year history, Fort Collins was revealed as the safest driving city. The top ten cities are:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
1.   Fort Collins, Colo.	28.2% less likely	13.9
2.   Boise, Idaho	28.0% less likely	13.9
3.   Sioux Falls, S.D.	21.8% less likely	12.8
4.   Brownsville, Texas	21.1% less likely	12.7
5.   Madison, Wis.	20.3% less likely	12.5
6.   Reno, Nev.	20.2% less likely	12.5
7.   Huntsville, Ala.	20.1% less likely	12.5
8.   Visalia, Calif.	18.5% less likely	12.3
9.   Montgomery, Ala.	16.3% less likely	11.9
10. Eugene, Ore.	16.2% less likely	11.9

Additional "Road" Scholars For the ninth year in a row, motorists in Phoenix topped the list among commuters in American cities with more than one million people. Rankings among these cities:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
71.    Phoenix, Ariz.	2.0% more likely	9.8
127.  San Diego, Calif.	14.6% more likely	8.7
141.  San Antonio, Texas	22.4% more likely	8.2
150.  Chicago, Ill.	25.2% more likely	8.0
151.  Houston, Texas	25.6% more likely	8.0
170.  Dallas, Texas	35.6% more likely	7.4
172.  New York, N.Y.	37.8% more likely	7.3
181.  Los Angeles, Calif.	49.3% more likely	6.7
189.  Philadelphia, Pa.	65.9% more likely	6.0

Cities holding the top spot for their respective city size:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions	Population
64.  Denver & Lakewood, Colo.ii	0.4% less likely	10.0	750,000 – 1 million
20.  Tucson, Ariz.	12.4% less likely	11.4	500,000 – 749,999
11.  Mesa, Ariz.	15.7% less likely	11.9	250,000 – 499,999

To view the complete "Allstate America's Best Drivers Report," or to see previous year's results, log onto www.allstatenewsroom.com.

If you are involved in an auto accident, truck accident or motorcycle accident with another driver, call Albuquerque accident attorney Mark Caruso at 505-883-5000 for a free consultation.  Caruso Law Offices exclusively represents personal injury and wrongful death victims as a result of auto, truck, semi truck, commercial vehicle, tractor trailer, 18 wheeler, motorcycle, bicycle and bus accidents, collisions and wrecks. Mark Caruso is a former insurance company attorney who now represents the victims of car accidents, truck accidents and motorcycle accidents. 

 The Albuquerque personal injury attorneys have offices in Albuquerque's northeast heights and westside.  Consultations with an attorney are free and without obligation.  For further information call 505-883-5000 or visit their web site at www.carusolaw.com Most importantly, see their awards and client testimonials to find out what their clients have to say about their performance and integrity.

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