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Selasa, 21 Januari 2014

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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Selasa, 09 Juli 2013

2013 Poll: Worst Insurance Companies to Handle Your New Mexico Car or Truck Accident Claim

Fred Loya Insurance, Young America Insurance, Nevada General Insurance, Allstate Insurance and Geico Insurance are the 5 worst insurance companies for your car, truck, motorcycle, bicycle or pedestrian personal injury claim.

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

 
 

If you have a New Mexico personal injury claim against Fred Loya Insurance, Young America, Nevada General Insurance, Allstate Insurance or Geico Insurance, you may have a tough time dealing with the claims adjuster according to a recent 2013 informal poll of New Mexico attorneys.


 
These insurance companies and their claims adjusters rank the highest among all insurance companies in New Mexico in complaints to attorneys about the handling of car accident claims involving property damage and personal injury.

According to Albuquerque personal injury attorney Mark Caruso the poor attitudes of insurance claims adjusters employed by these four companies cause clients to contact Caruso Law Offices and other New Mexico personal injury law firms for help.

Clients are frustrated when the claims adjuster won’t pay for all the repairs to their car or give them a rental car. What irritates clients the most is when a claims adjuster challenges the client’s complaint of pain or injury or tells the client to just take a Tylenol and get some rest.

One reason why these four insurance companies may be so difficult to deal with is because the personal injury claims adjusters for these four insurance companies are based outside of New Mexico.


 
Fred Loya, which according to Mark Caruso is the worst of the bunch, is based in Texas and only recently began selling automobile insurance in New Mexico.  Their claims adjusters are Texans, and they just don’t have enough years of experience evaluating the dollar value of cases in New Mexico. Most personal injury attorneys will agree that cases are evaluated differently in Texas than in New Mexico.

There have been many instances where Mark Caruso has had to “educate” these out of state claims adjusters about New Mexico law and the valuation of injuries in New Mexico.

As a former insurance company attorney, Caruso has insight as to how these adjusters should evaluate cases and the process that they use in reaching a settlement value.

Under our state’s law New Mexicans are entitled to have their vehicle repaired to pre-accident status or be paid the market value of the vehicle if it is totaled. They are entitled to payment for the loss of use of their vehicle during its unavailability. New Mexicans are also entitled to money from the insurance company for medical expenses, pain and suffering, lost earnings and permanent injuries resulting from the collision.

Caruso advises people with property damage and personal injury claims against Fred Loya Insurance, Nevada General Insurance, Young America, Allstate Insurance and Geico Insurance to immediately contact a personal injury attorney for a free consultation.


 
Claims adjusters have no special duty to you to point you in the right direction. Instead, their job is to settle claims as cheaply as possible so that they may be rewarded in bonuses and a pat on the back by their claims supervisor.

 
A personal injury attorney such as the Caruso Law Offices will point you in the right direction, even if all you do is have a free consultation. A personal injury attorney’s loyalty is to you–no one else. Mark Caruso will give you a free consultation to discuss your claims against these five insurance companies and other insurance companies that might be causing you problems. He will also give you some additional insight that can’t be published in this public blog.

 
 
Call Mark Caruso at (505) 883-5000 for a telephone or in office appointment. We have 2 offices in Albuquerque to serve you–the Northeast Heights (Montgomery and Carlisle) or the Westside (I-40 at Coors). We handle cases statewide and make home visits, hospital visits and after hours appointments. Also, visit our main web site at www.carusolaw.com

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- See more at: http://carusolaw.com/2013-poll-worst-insurance-companies-to-handle-your-new-mexico-car-accident-claim/#sthash.ImOYJaBh.dpuf



 


 

Kamis, 27 Juni 2013

At Fault Driver Uninsured? Don't Give Up On Your Claim Without Speaking to an Attorney!

Former Insurance Company Attorney Mark Caruso Gives Honest Answers to Your Questions.

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


At Caruso Law Offices, we deal with people who have been hurt in car accidents every day. Having auto insurance in place is a legal requirement in New Mexico, and our clients are shocked to discover that there are many people who get behind the wheel without this necessary coverage in place. When an accident occurs, they are at a loss to understand exactly what happens to their right to be compensated in a fair manner for their injuries and expenses. 

New Mexico is a Tort State


New Mexico operates under the tort system for car insurance purposes. The driver who is found legally at fault is responsible for paying for the damages he or she caused. People who have been injured have the right to sue to recover damages. Drivers are required to buy a minimum level of liability coverage, which pays for the injuries and damages they cause in an accident. The minimum requirements are as follows:

·  $25,000 in bodily injury coverage for a single accident victim

·  $50,000 in bodily injury coverage for all injuries caused in the same accident, regardless of the number of victims

·  $10,000 in property damage coverage

If You are Injured in a Car Accident


Caruso Law Offices, (505) 883-5000
In a situation where a car accident occurs and the other driver is at fault, you would be looking to him or her to compensate you for your injuries and damages. The first thing you would need to do is make sure that your health is looked after by getting appropriate emergency medical treatment, as well as any follow-up care recommended by the doctor. You will still need to continue paying off your car, since you are responsible for this expense even if your vehicle is in the shop. In the normal course of events, the at-fault driver's insurance company would pay your claim for damages. You may be asked to get more than one estimate before starting the work on your car, but you also have the option of having your own insurer pay for the damage, less your deductible. This could get you on the road more quickly than waiting to get estimates or have the damage inspected.
 

Getting Compensation for Your Injuries from an Uninsured Driver


The Insurance Research Council estimates that one in seven drivers is uninsured (2011). If you have been injured in an accident where the at-fault driver does not have insurance, the first place you should look to seek compensation for your injuries and damages is whether you have coverage under your own insurance policy through uninsured driver coverage. If you have this type of insurance, your own insurer will pay your claim for damages.

If you don't have any insurance coverage in place and the at-fault driver does not have insurance, you still have the right to sue and get a judgment against him or her. Don't assume that it is not worth your while to make a claim against someone who does not have auto insurance coverage before speaking with an attorney about your situation. 

The last thing you want to do is assume that the person responsible for causing your injuries has no assets that can be recovered to pay for your damages simply because his or her auto insurance coverage may have lapsed at the time of the accident. Being involved in a motor vehicle accident is a high-stress situation and you need someone on your side to can provide advice about the best way to continue. 

Your attorney can look at the facts of the accident, as well as the damages you have incurred and provide you with an expert opinion about your case. You can get the facts you need about preserving your right to sue by acting within the time limits set out by law as well. The worst thing you can do in a situation where you have been injured in an accident with an uninsured driver is to do nothing. Get the facts from an expert who is on your side, and that means speaking with a licensed attorney as soon as possible, even if you don't know the full extent of your injuries after the accident.

Call Mark Caruso, personal injury and wrongful death attorney, at Caruso Law Offices for a free consultation at (505) 883-5000 or visit www.carusolaw.com


By:  Julie Bradgate

Jumat, 03 Mei 2013

Discounted Attorney Fee, NM Car, Truck and Motorcycle Accidents and Collisions

Discounted 29% attorney fee  for personal injury and wrongful death cases that settle prior to a lawsuit, including auto, car, truck, motorcycle, bicycle and pedestrian accidents and collisions

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM) 
 
Discounted 29% attorney fee for personal injury and wrongful death cases that settle prior to a lawsuit is offered by Caruso Law Offices.  This includes personal injury and wrongful death cases resulting from auto, car, truck, motorcycle, bus, bicycle and pedestrian accidents and collisions.

This  29% discounted attorney fee  is unprecedented in New Mexico, and Mark Caruso was the first Albuquerque Personal Injury and Wrongful Death Attorney to give such a discount to his clients. Most every other  personal injury  and  wrongful death  attorney still charges the full 33 1/3% attorney fee.

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This discounted attorney fee applies to all  personal injury  and  wrongful death  cases handled by Mark  Caruso including accidents, collisions, crashes and wrecks involving a  car,  truck,  semi-truck, 18 wheeler, tractor trailer, commercial vehicle,  motorcycle,  bicycle, bus,  pedestrian  and to all types of injuries and wrongful death including head trauma,  brain injury,  spinal cord injury,  broken bones, soft tissue injury, psychological injury including PTSD.

**The FORMULA  for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

At the conclusion of the pre-litigation settlement of your personal injury or wrongful death claim only 29% is deducted for attorney fees, not 33 1/3%.
 
The math is simple, but the additional pocket money for the client can be enormous!

**The RATIONALE for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

Caruso Law Offices  spends less money on expensive advertising than those other personal injury and wrongful death attorneys charging the   33 1/3% fee.
 
Caruso Law Offices  doesn't spend tens of thousands of dollars per month on television, radio, billboard and bus advertising. Because of the reduced advertising overhead, Mark Caruso can discount the attorney fee and put more money in the client's pocket. You don't really benefit from their advertising.

In fact, some jury polls indicate that juries don't like personal injury and wrongful death lawyers who advertise on television, radio, billboards and sides of buses. There is some evidence that they will award you less money because of who you have representing you in the courtroom.

Mark Caruso cites the NM Lawyers' Rules of Professional Responsibility which requires personal injury and wrongful death attorney to charge only a reasonable attorney fee based on the amount and kind of work performed. If the amount of work is less, why shouldn't the fees to the attorney be less. All personal injury and wrongful death attorneys should be following  Caruso Law Offices  example of the discounted fee. Fortunately, some attorneys have now begun copying Caruso's discounted fees.

**The  RESULT of the discounted attorney fee for all personal injury and wrongful death cases is simple.

A discounted attorney fee means more money in the client's pocket and less money in the attorney's pocket at the end of the case.
 
At the settlement of your case you are happier with our firm because you see more money going into your pocket with the  29% discounted attorney fee.

Mark Caruso continues to handle the property damage settlements and rental car for free.

A discounted fee does not mean discounted service!

 
Mark Caruso  has been practicing law since 1982--that's 31 years. An honors graduate of Pepperdine University School of Law, Mark is licensed in both California and New Mexico. He has been successfully handling personal injury and wrongful death cases for 31 years.

As a former insurance company attorney,  Mark Caruso  knows the ins-and-outs of the insurance claims business to get his personal injury and wrongful death clients the most money possible. He now uses that experience to help his clients against the same insurance companies. The lawyers and staff at  Caruso Law Offices  have been expertly trained by one of the most experienced and best personal injury and wrongful death attorneys in New Mexico.

There is no sacrafice in quality legal representation just because of the discounted attorney fee.
 

A discounted fee just means more money in your pocket when you settle your case.



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Caruso Law Offices  gets new client referrals from prior clients, other non-personal injury attorneys, out of state attorneys, doctors, body shops and even insurance agents. These make up the majority of Mark Caruso's clients.

Some clients are attracted to the  discounted 29%  attorney fee.  Others are attracted to his experience as a former insurance company attorney who now works for the victims against these same insurance companies. Still others look at the high client ratings and testimonials as evidence of good work for their clients.

The attorney does less work in getting your case settled before a lawsuit is even filed,  and you should get a discounted fee since no lawsuit was required.


The discount applies to all  car accidents,  truck accidentsmotorcycle accidents, bus accidents, bicycle accidents  and  pedestrian accidents.  It applies to all personal injury claims and all wrongful death claims.

The people benefiting from this discounted fee are the clients of Caruso Law Offices. Call 505-883-5000 for a free consultation with Mark Caruso and find out why his  personal injury  and  wrongful death  law firm is so highly rated by clients and other attorneys. You can also see our website at www.carusolaw.com

Mark Caruso  is available NOW to discuss your  personal injury  or  wrongful death  case. Call him today at 505-883-5000
 
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Call  Mark Caruso  for a FREE CONSULTATION to discuss your case by telephone or in person.
Once you personally talk to  Mark Caruso  you will understand why you need his history of experience and  skills in your personal injury and wrongful death claim.

Your consultation is FREE, so you have absolutely nothing to lose--and everything to GAIN!

Rabu, 27 Maret 2013

Albuquerque, NM Wrongful Death Lawyers

WRONGFUL  DEATH  CLAIMS UNDER NEW MEXICO LAW

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

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.
 

How a N.M. Wrongful Death Lawyer 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 31 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 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 people 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 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.
 
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 Damages in NM 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 need.

  •  

We promise to leave no stone unturned in investigating every asset available to your family.
 
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
 
 

New Mexico Car Accidents Prompt Parents to Regret Lack of Oversight

New Mexico Car Accidents Caused by Minors

 
By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)
 
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The Albuquerque Personal Injury Lawyers at Caruso Law Offices understand that what's more, some two-thirds said they wished they had spent more time practicing with their teen about what to do, and how to react, in a high-risk situation.
The fact is, motor vehicle crashes are the No. 1 cause of death for teenagers in this country. These incidents claim more lives than drugs, alcohol, sporting injuries, gun violence and other dangers.
Yet, 40 percent of parents don't know this, so it's unsurprising that few take the time to really drive home to their teens the important of the safety knowledge with which they should be armed before getting behind the wheel.
Researchers with Allstate Foundation have teamed up with the National Safety Council to launch a program called Drive It Home, aimed specifically at parents of newly-licensed or soon-to-be licensed drivers. The idea is to not only educate parents about the potential dangers new drivers face, but also to provide tools for how to educate, establish guidelines and enforce rules.
The program uses a combination of graphic images and videos to drive home the message.
Researchers say that parents are the top source of information for teen drivers. They can lead by example and also by setting up clear expectations and consequences for failure to meet those expectations. Still, many parents are reluctant to take on this role. They perhaps have some poor behind-the-wheel habits themselves or don't feel qualified to teach road safety. They leave it up to the driving instructors.
But even with graduated driver's license programs, which are now in place in most states throughout the country, driving instructors are only going to have a limited amount of time with each pupil. It's up to you to ensure your teen is getting enough practice and that he knows what to do when encountering things like ice or aggressive drivers. He also needs to truly understand the potentially devastating and deadly consequences for things like speeding and driving while intoxicated.
It's a parent's job - or both parents' job - to underscore those points.
Some of the additional findings discovered by the Allstate Foundation's research include:

  • Many parents simply don't understand how dangerous it is for their teenager behind the wheel. Inexperience is the top cause of crashes involving teenagers. And yet, three-fourths of parents think that the leading cause is unnecessary risk taking. That may lead parents to assume that because their child isn't a risk taker, he doesn't need additional guidance. But that's not he case.

  • Although 90 percent of parents say it's critical for teenagers to learn how to drive at night and with other passengers, one-third of parents concede they haven't gone over these skills thoroughly with their child. In the end, this does a new driver a great disservice.

  • About a third of parents of new drivers don't set any rules at all with regard to the teen's access or use of a vehicle. In fact, many aren't requiring their child to get permission before taking the vehicle somewhere. This leads to a perception that driving is a right, rather than a privilege. This kind of thinking can lead to more careless behavior.
The NSC recommends making it a priority to ride at least a half an hour each week in the vehicle with your teen driving.
Some things you can work on specifically with your teen include:

  • Carefully watching the road ahead and learning to recognize certain hazards and how to react to them;

  • Being mindful to control speed, turning, stopping and following distance;

  • Becoming more skilled in judging the gap between vehicles in traffic;

  • Managing high risk situation, such as driving at night and with passengers.
If you are injured in an auto accident in New Mexico, call Caruso Law Offices for a free and confidential appointment -- (505) 883-5000-- or visit our web site at wwwcarusolaw.com.
Statewide Representation.

Selasa, 26 Maret 2013

New Mexico Wrongful Death Lawyer


New Mexico Wrongful Death Lawyer Mark Caruso Has Proven Results to Get You The Money You Deserve From The Wrongful Death of Your Family Member

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

31 Years Experience in NM Wrongful Death Claims.  Statewide Representation

Call Mark Caruso Today at 505-883-5000 for a Free Consultation

First, let me give you my condolences on the death of your family member.  If the death of your family member was caused by the wrongful act of another person, you may have a wrongful death claim that should be handled by a New Mexico Wrongful Death Lawyer.

A NM wrongful death lawsuit is filed against a person or people who have caused the death of another person. The wrongful death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The New Mexico wrongful death lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:
  • A fatality resulting from any sort of vehicle collision
  • Dying during an operation that was botched or after the wrong diagnosis had been made
  • Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
  • Being killed through the use of a defective product

Purposes of Wrongful Death Claims, and Why You May Need a New Mexico Wrongful Death Lawyer

New Mexico wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.
  1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
  2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a New Mexico Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

New Mexico Wrongful Death Lawyer Mark Caruso  has had 30 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a New Mexico wrongful death, then contact the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

Caruso Law Offices provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Please see our website at www.carusolaw.com or contact New Mexico Wrongful Death Lawyer Mark Caruso directly at 505-883-5000.

 

Senin, 18 Maret 2013

Driver Distractions in New Mexico Car Accidents

Did a driver distraction cause your car, truck, motorcycle, bicycle or pedestrian accident or collision? Why are driver distractions so dangerous to Albuquerque, New Mexico drivers?

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

When a driver is involved in an accident, one of the first questions raised often investigates the true cause of the accident. If driver distraction played a key role in the accident, it is very important for an injury victim to investigate the incident and determine which type of driver distraction caused the auto accident.

Being involved in a car crash is never an ideal situation that a person would like to be in. Unfortunately, many people will be involved in at least one motor vehicle collision over their entire lifetime. If you were injured in a crash, it is very important for you to evaluate the situation and determine what may have caused this serious collision. Whether the accident was a side-impact crash (T-Bone collision), a head-on accident, or a rear-end collision, determining whether a distracted driver was the cause of the accident can be the source to financial recovery.

What is driver distraction and why is this action considered to be so dangerous? All throughout the country, distracted driving causes many auto accidents and claims many lives each year. In fact, according to statistics provided by the U.S. Department of Transportation, over 3,000 people were fatally injured in accidents caused by distracted driving. There are three different categories that each individual type of distraction falls under, including manual, visual and cognitive distractions. These categories are not mutually exclusive in the sense that some interferences with driving may fall under one, two or all three categories. The three categories are defined as follows:

Manual Distractions: These involve taking your hands off of the wheel. A person can engage in a multitude of actions that can constitute manual distractions, including texting, eating, grooming, changing the radio station, smoking, using a navigation system, and more. Even taking the hands off of the wheel for a split second can have catastrophic consequences should the vehicle travel over a speed bump, pothole, or another type of road block. When a person takes his or her hands off of the wheel, the driver, passengers, and others on the road are immediately at risk to be involved in an accident. If a driver is unable to maintain control of his or her vehicle due to having one or no hands on the wheel, an accident may be inevitable.

Visual Distractions: These disruptions in driving can be extremely dangerous because they involve taking your eyes off of the wheel. Whether you are reading a text message or looking in a mirror, this action is very dangerous. The U.S. DOT estimates that taking the eyes off of the wheel for 4.6 seconds at 55 mph is the equivalent of driving an entire football field with a blindfold on. Other forms of visual distraction can include watching a video, looking at passengers, or even looking at a nearby traffic collision while continuing motion.

Cognitive Distractions: This is one that involves taking your mind away from what you are currently doing. When a driver falls asleep at the wheel, day dreams, or even drives while intoxicated, he or she is engaging in a cognitive distraction. Texting or talking on the phone can constitute a cognitive disturbance during driving because a person must devote attention to the message being sent.
The U.S. DOT predicts that a person is 23 times more likely to be involved in a collision if they are driving while texting. Although 35 states have prohibited the use of text messaging while driving, many people are still doing so and causing serious collisions as a result. Because texting and driving is considered to be a manual, visual and cognitive distraction, it is one of the most dangerous and lethal types of driving impairments in the country.

If you or someone you love has been involved in any type of accident, it is very important to talk to an attorney to determine if some form of driver distraction has led to the accident. The government works hard on promoting safe driving techniques, and has even declared April as National Distracted Driving Awareness Month.

While many accidents are unavoidable, those that are caused due to driver distractions can be avoided by following the rules of the road and refraining from engaging in any type of visual, manual or cognitive distraction. For more information about auto accidents, distracted driving, and filing a claim for an accident you have been involved in, contact Caruso Law Offices at 505-883-5000

Albuquerque, New Mexico personal injury attorney Mark Caruso is a former insurance company attorney who now represents the victims in car accidents against insurance companies.  With 31 years of experience and the commitment to help you get the most money possible, you will recover every penny that the law says that you deserve.  Ask about our 29% discounted contingency fee for cases that settle without a lawsuit.

5 Steps You Should Take After a New Mexico Accident

With or without an attorney, here are Five Very Important Steps you should take immediately after a  car accident,  truck accidentmotorcycle accident  or any accident causing  personal injury or wrongful death.

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

Steps 003 silence Step One: Don’t Discuss The Incident With the Other Party or Their Insurance Representative or Claims Adjuster

The other party, or their representative (usually an insurance company adjuster or investigator) may try to get to you to answer questions soon after the incident – oftentimes within hours. Statements that you make at the time of the accident or following the accident could be used against you as the case unfolds.
Do not talk to the other party or their representative with your attorney present!

Steps 002 medicalStep Two: Get Immediate Medical Attention, Don't Wait

 If you’ve been injured, or there is a possibility that you’ve been injured, get to a doctor, emergency room or an urgent care facility immediately. Be sure that the doctor  documents your symptoms and injuries and the fact that you’ve just been involved in a vehicular accident.



Steps 003 write it downStep Three: Write Things Down....Document Everything That Happens
 
It’s natural for our memories to fade with the passage of time. We’re all human. Make written notes so that you can refresh your memory about the incident. In some counties in New Mexico,  cases don’t get to court for years.   Lawyers working for insurance companies will do their best to paint you as a liar or exaggerator if you don’t have a great recollection of the incident. There is nothing wrong with keeping a diary.
Steps 001 evidenceStep Four: Save The Evidence
 
You want to be sure, to the extent possible, that evidence is preserved. Keep broken eyeglasses, casts from broken bones, business cards from witnesses, medical release forms from hospitals.  Keep it all.  Evidence is essential in proving your case later on! Do not lose, alter or destroy evidence!





Vehicle Accident: Repair work should not be started until detailed pictures have been taken of your vehicle (car, truck, bicycle, motorcycle, etc.)

Dangerous or Defective Product: Save the product and its parts (for example, if a bottle breaks, save the broken pieces!). Keep the box in which it came. Save the receipt!
 
Dog Bite or Animal Attack: Save the torn clothing and any other evidence of the attack. Don’t wash the clothes you were wearing.

Slip and Fall / Trip and Fall: Keep the shoes you were wearing, do not throw them out and do not keep wearing them. You will want to keep them in the condition that they were in at the time of your fall. In other words: Don’t wear, repair or throw them out until your case is settled!
 
Steps 001 picturesStep Five: Take Pictures of Your Injuries
 
Take pictures of all parts of your anatomy that show signs of injury before the healing process begins. Abrasions and glass cuts must be photographed.   Date the pictures accordingly (be sure that your digital camera has the right date!). Then take daily pictures of your injuries.
 
If you have scarring, be sure to get pictures. If you’re going to have the scars surgically removed or reduced, be sure to take before and after pictures. In some situations, your lawyer may hire a professional medical photographer to take these pictures.





Caruso Law Offices, Personal Injury Attorneys

Caruso Law Offices  represent people who have received  personal injuries  or have a loved one who has suffered a  wrongful death  due to the carelessness of others. It's my job to take the pressure off of you so that you are free to heal. Feel free to call me at 505-883-5000 for a free consultation or visit our web site at www.carusolaw.com or contact me directly at mark@carusolaw.com

My name is Mark Caruso, and I am the senior attorney at Caruso Law Offices.  Thank you for visiting my blog.  I hope you found it informative. I would like to tell you a little about my firm and my law practice.

I have practiced law for 31 years and am licensed in New Mexico and California.  As a former insurance company attorney I know how insurance companies decide to settle cases.  I used to work for the insurance companies, but now I work for the victims of pesonal injury and wrongful death. I know the "ins-and-outs" of the insurance claims business and their secrets and strategies.  I now use what I learned against them to get my clients the most money possible.

Please feel free to call me at (505) 883-5000 so we can personally discuss your accident. I am also happy to give you a FREE consultation at either of my Albuquerque offices--Northeast Heights or Westside.  I can also meet you at your home, work, or at the hospital after hours and on weekends.  We represent clients in Albuquerque and throughout the state of New Mexico including the pueblos and reservations of our state.

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Kamis, 28 Februari 2013

Getting Medical Care After Your Albuquerque, New Mexico Car Accident, Crash

Car or Truck Accident in Albuquerque, NM?   Find out how to get your medical care paid directly by at fault driver's insurance.


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

You've been in a wreck. You're injured. You need medical care. The doctor's office says they won't accept your health insurance, and the auto insurance company for the at-fault driver won't pay your medical bills (or maybe they won't even return your calls). What do you do?

Auto liability insurance does not work like health insurance. They are not going to pay your medical bills as you go along. The auto insurance company expects you to go out and get all the medical care you need. Then, when you've completed all of your medical care, they want you to gather your medical bills and ask for reimbursement in one lump sum. That's right. You only get one bite at the apple. It's a one time settlement payment. And you cannot go back later and ask for additional money if your injuries turn out to be worse than you thought.

Getting medical care after a car wreck can be complicated and frustrating. A common mistake is failing to contact an experienced injury lawyers like Caruso Law Offices as soon as possible. That error may result in a "gap" in medical care, which the auto liability insurance company will use to argue that you did not go to the doctor because you were not really injured. The insurance company knows it's not true, but they don't care about that. Their goal is to pay you the least amount of money possible. It is extremely important that you get the medical care you need as quickly as possible after the wreck.

You may have been transported to the hospital by ambulance. Or you may have gone to the Emergency Room on your own. Maybe you haven’t been able to see any health care provider because of your concern about who will pay. You will be billed for the treatment you received--whether you have insurance or not. But what do you do after that? At Caruso Law Offices we can help you get the medical care you need, and we can make the at fault driver’s insurance pay for it. Here are some options that you should consider.

• Health Insurance: If you have health insurance coverage, you should use it. Unfortunately, several of Albuquerque’s HMO plans (Presbyterian, Lovelace and Blue Cross/Blue Shield of NM) are now refusing to pay for medical care following a car wreck. Most plans will still pay for the ambulance and the emergency room, but follow up care is usually restricted. Some health plans just push prescription drugs rather than physical therapy and other treatment. You'll still be responsible for deductibles and co-pays associated with your plan, but it sure beats having to pay the whole amount out of pocket! Remember, all plans require you to reimburse them from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Letters of Protection: You'll need a lawyer for this. A Letter of Protection ("LOP") is an agreement made with the doctor's office by your lawyer and you promising to pay the bill from the settlement proceeds. Doctors are not required to accept LOPs, but many doctors will do so. Meet with me to get my list of most local medical doctors, osteopathic doctors, dentists, psychologists, chiropractors, accupunturists, physical therapists, medical massage therapists, MRI’s and others who accept LOP’s. This means that you won’t pay any money out of your pocket at each visit, and you won’t get any bills until we get a settlement. These doctors agree to wait to get paid from the settlement and don’t charge any interest while waiting to get paid.

Because I have been in business for 30 years (25 years in Albuquerque) I have established great relationships with some of the best doctors in Albuquerque. Some medical doctors in Albuquerque refuse to accept a LOP from any other law firm except our firm and one or two others. I will help you find the best health care provider in the best location for you. I also know which doctors you should avoid because of bad reputations with insurance companies. I can usually get you in to see a doctor the day after I begin working on your claim. There is no reason why you shouldn’t find a health care provider to treat your injuries, and there is no reason why you shouldn’t get the best medical care possible. After all, you did not cause the wreck, and the at-fault driver’s insurance should pay for your medical care. I can get you the medical care you need following your wreck.

•Med Pay: You may have Medical Payments Coverage ("Med Pay") on your own auto insurance policy. This coverage typically provides benefits of $2,000 Med Pay can be assigned to medical providers so the doctor's office can bill your own auto insurance company up to the amount of your coverage limit. You should consult me before using Med Pay because there may be strategic reasons to use the coverage for some bills but not for others. Remember, your Med Pay plan requires you to reimburse your own insurance company from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Medicaid & Other Government Benefits: If you already receive Medicaid, Medicare or other government benefits before your wreck, then you should be able to use that coverage for your injuries. It is also possible you may qualify for government benefits after the wreck. In that case, Medicaid may actually go back and pay all of your medical bills from the date of the wreck. Keep in mind, all government benefits require repayment when you recover money in your case. However, I can usually negotiate a significant discount when your case is resolved.

•Pay As You Go: This is the option of last resort if you don’t have insurance coverage available and you don’t want to issue a LOP.

• • • •

I hope this summary really helps you understand how you can get immediate medical care following your accident. I would love to give you an hour of my time to personally meet with you to discuss your specific car wreck and the medical care we can help you get for your injuries. Please call me at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office for a personal appointment with me, not a paralegal. The consultation with me is free, and you are under no obligation to retain me to be your attorney.

Before I began helping people like you, I represented insurance companies. I know how insurance companies operate. Now I only represent victims of car wrecks. I promise to use my experience as a former insurance company attorney to get you the most money possible. To do so you and I must cross every “t” and dot every “i” in order to anticipate and out-smart the tactics and strategies of the insurance company claims adjuster. Remember, their job is to pay you the least money possible, and they will use these tactics and strategies against you unless we are confront them up front.

When we meet I will explain to you that we are only paid if we recover an injury settlement for you. If we don’t get you any money, then we don’t deserve any fees. We don’t charge any attorney fee to get you the highest settlement for your property damage and rental car/loss of use and depreciation/diminution in value of your vehicle. I will also offer you our reduced attorney fee of 29% if we can settle your case without a lawsuit. That means that you put more money in your pocket, and our firm gets less money. We can do this because we don’t spend thousands of dollars on television, billboards and yellow page advertisements.

Please call me today at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office to immediately meet with me to discuss you car wreck. You’ll get honest answers based on my 30 years doing personal injury claims. You’ll also get a discounted 29% attorney fee. I look forward to our personal and confidential meeting. Please call me today so that you do not have a gap in your medical treatment.

New Mexico Drunk Driving Accidents Get You Punitive Damages!

Drunk Driving Is More Than a Mistake — Victims Deserve Justice Under New Mexico Law!

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

Despite public education and strict laws against drunk driving, there were thousands of drunk driving accidents in New Mexico in 2012, according to the New Mexico  Department of Transportation.

At Caruso Law Offices in Albuquerque we have worked with many families whose lives have been forever changed by drunk driving accidents. Our drunk driving accident attorneys meticulously examine all of the facts and circumstances surrounding every accident, including the actions of the responsible driver and factors such as the road conditions and whether the driver was served alcohol when he or she was visibly intoxicated.

We sympathize with the outrage of drunk driving victims and their families

We use every legal and negotiation skill at our disposal to obtain justice as well as financial compensation after serious drunk driving accidents. Drunk drivers put all of us at risk, including our families and loved ones. DRUNK  DRIVING MUST BE STOPPED!! 

Our job as drunk driving accident attorneys is to make sure that those responsible pay the consequences, and that their victims are compensated to the fullest extent permitted by law.

If you were seriously hurt or a family member was killed in a fatal accident, contact our Albuquerque law firm for an immediate and confidential consultation about your legal rights. Our drunk driving accident lawyers can help you or your family get the financial compensation to which you are entitled.

Mark Caruso is a member of the Attorney Advisory Board for New Mexico Mothers Against Drunk Drivers (MADD).  He has handled many wrongful death cases resulting from drunk drivers.

Punishing Drunk Drivers in Civil Courts

DUI and DWI accidents that cause serious personal injury or wrongful death will be prosecuted in New Mexico's criminal courts, where drivers face possible fines, driver’s license suspension and jail time.

Drunk drivers must also answer for their actions in civil court or through insurance claims against them.  These civil claims are where we come in. Insurance claims involving drunk driving accidents are different from other types of motor vehicle accidents because the injury victims or surviving families may be entitled to punitive damages in addition to compensation for the economic, personal, and other losses suffered.

The purpose of punitive damages is punishment, to hurt drunk drivers financially to enforce the seriousness of their actions. Punitive damages are available in drunk driving accidents because drunk driving is more than a mistake. It’s close to an intentional act like assault because a person who has had too much to drink and who gets behind the wheel of a car knows there’s a good chance of an accident. Depending upon the circumstances, punitive damages may far exceed the financial damages suffered in an accident. Because of this possibility, we must carefully examine all of the factors regarding the accident, such as whether the driver had a history of driving drunk.

Advocating for Families in the Criminal DUI Case

Drunk driving victims and their families also need advocacy in the criminal proceedings against the drunk driver who caused the accident.  Because of strong support of MADD (Mothers Against Drunk Drivers) we explain the criminal process to our personal injury clients more clearly and plainly. When we represent drunk driving accident victims in civil claims, we also represent their interests in the criminal proceedings. We present the victims’ view of events to the prosecuting attorneys and help prepare victims to testify at trials about the accidents’ effects on their lives and families.

Drunk Driving Victims and Their Families are Entitled to Compensation in Criminal Proceedings

Under New Mexico law, drunk driving victims have the right to seek compensation through the criminal process for any costs associated with the accident that are not covered by insurance. This is called restitution. Through both the civil litigation to recover damages and the criminal process and restitution, we are with drunk driving accident victims and their families every step of the way to see that justice is done and that they are compensated to the maximum extent permitted by law.

Discuss Your Questions With Experienced Drunk Driving Accident Lawyers

Drunk driving cases are serious — often resulting in life-changing injury such as brain injury, spinal cord injury or wrongful death. Each case deserves serious attention from knowledgeable drunk driving accident lawyers. Mark Caruso has 31 years legal experience in personal injury. We know how to get compensation for those injured from those responsible for causing the injury.

To schedule a free and private consultation with Mark Caruso or one of the attorneys at Caruso Law Offices, call 505-883-5000, or contact us at mark@carusolaw.com   We will meet with you and provide a free evaluation of your case. You’ll be able to meet our entire team that will represent your interests and be there with your every step of the way.

Call us. We can help.