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Rabu, 27 Maret 2013

New Mexico Christian Lawyers, Personal Injury and Wrongful Death


 

New Mexico Christian  Lawyers:

Personal Injury, Wrongful Death and  Vehicular Accidents 

Primarily focusing on car accidents, truck accidents, semi-truck accidents, 18 wheeler accidents, tractor trailer accidents, motorcycle accidents, bicycle accidents, bus accidents and pedestrian accidents.


Mark J. Caruso
Caruso Law Offices, PC

Northeast Heights Office:
4302 Carlisle NE
Albuquerque, NM  87107
(505) 883-5000

Westside Office:
2929 Coors NW, Suite 310-E
Albuquerque, NM  87120
(505) 369-1361


mark@carusolaw.com
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com

Law firm only handles  personal injury,  wrongful death, vehicular accidents, malpractice

Licensed attorney since 1982 in CA and 1987 in NM

Pepperdine University School of Law

Attends Legacy Church, Albuquerque



 

Albuquerque Christian Lawyers, Personal Injury and Wrongful Death


Albuquerque  Christian  Lawyers:

Personal Injury and Wrongful Death, Vehicular Accidents 


Mark J. Caruso

Caruso Law Offices, PC
4302 Carlisle NE, Albuquerque, NM  87107
505-883-5000
mark@carusolaw.com
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com
licensed since 1982 in CA and 1987 in NM

Albuquerque Christian Attorneys, Personal Injury and Wrongful Death

Albuquerque  Christian  Attorneys:

Personal Injury and Wrongful Death, Vehicular Accidents 


Mark J. Caruso

Caruso Law Offices, PC
4302 Carlisle NE, Albuquerque, NM  87107
505-883-5000
mark@carusolaw.com
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com
licensed since 1982 in CA and 1987 in NM


Senin, 18 Maret 2013

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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Rabu, 20 Februari 2013

Payment of Medical Expenses Following Albuquerque Car Accident

Do you need medical care after your New Mexico car, truck, motorcycle, bicycle or pedestrian accident or collision? Do you have unpaid medical bills and expenses?  Have no health insurance but need to see a doctor for your injury?


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.

Kamis, 17 Januari 2013

Medical Expenses Paid by NM Auto Insurance Company After My Albuquerque Accident Claim



Mark J. Caruso, Personal Injury Attorney


     So often I am asked this question..."What medical expenses can I get from the insurance company now that we know the collision wasn't my fault?"  This is really an easy question to answer, because state law dictates what you are entitled to.  However, just because you might be claiming a medical expense doesn't mean that you automatically get the money for those medical expenses.  It is still up to you and your attorney to provide the insurance company with the facts and evidence to prove the damage.

     Under the law of the state of New Mexico and most other states, medical expenses must be reasonable, necessary and a direct result of the injuries sustained in the collision. 

     The medical expenses must be reasonable in price compared to charges made by othere health care providers in the same community.  This can be easily proven, and our firm has the annually published medical fees to help prove the reasonableness of the charges. 

    The medical expenses must be necessary and needed because of the injury from the collision. No one would expect the insurance company to pay for a medical expense that you really didn't need.  You are, however, required to mitigate your damage.  That means that you are allowed to have diagnostic tests and examinations to determine whether you have an injury.  If you have some pain that you didn't have before the collision, you are expected to take reasonable precaution to determine if you have an injury.  If you ultimately determine that you don't have any injury, the insurance company will still pay for the cost of the examination and diagnostic x-rays and other tests. 

     The medical expenses must be a direct result of the injuries sustained in the collision.  You can't ask the insurance company to pay for anything that their driver didn't cause.  However, they must also pay for the aggravation of a previous injury. As an example, let's say that your leg already had degenerative problems because of your age.  It really didn't cause you any problems before the accident, but the twisting of the leg in the accident required you to now have physical therapy and ultimately a surgery.  You aggravated the degenerative condition so now you must have the extra medical care.  This would be a valid claim against the insurance company.  The medical records provided by your doctor should clearly indicate that the medical care was needed as a result of the collision.  If it doesn't state this on the records, then you should contact your doctor or his/her staff immediately to determine what he/she believes was the cause of the injury in the first place. 

     Once you have finished all of your treatment, it is realitively easy to determine your total medical expenses.  You need to use the retail price of the medical expenses, not the amount paid by your health insurance or the amount you paid as a deductible or co-pay.  It is usually a simple addition of the charges.

     Sometimes doctors will state that you need to get extra money from the insurance company for future medical expenses.  An example would be a doctor stating that you need one physical therapy visit per month for a total of 12 more months.  You would need to calculate the cost of  each visit and multiply times the number of visits the doctor says that you need and you then have an additional number for future medical care.  Again, the same rules apply to future medical expenses that apply to the past medical expenses.  The future medical expenses must be reasonable, necessary and a direct result of the collision. 

   This discussion above is merely a synopsis of the law.  I would ask that you personally call me, Mark Caruso, for a free consultation at 505-883-5000 if you have any questions.  During this conversation will will discuss what happened in your accident, how you were injured and the medical care that you have received or will be receiving.  It costs you nothing to talk to me, and I would like to help you even if you chose not to have us represent you.

  If you mention this blog we will also give you a discount on your attorney fee.  Rather than pay a full 33 1/3% fee that most lawyer charge, we will reduce the fee to 29% if we can settle your claim without a lawsuit being filed.  This puts more money in your pocket.  I hope to hear from you. 

Kamis, 25 Agustus 2011

The "Personality" of the Albuquerque Insurance Claims Office

How will the insurance adjuster evaluate my injuries from a New Mexico car, truck, motorcycle, bicycle or pedestrian accident or collision?  Former insurance company attorney Mark Caruso gives you their secrets.

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)
 
 
        As a former insurance company attorney I got to learn the personality of the various insurance companies.  Yes, that's right....personality.  When I talk about their personality, I mean their attitude, character and likeability.  Some insurance companies are, quite frankly, easier to deal with than other insurance companies.  Some insurance companies just don't care if you file a lawsuit against their insured.  Other insurance companies will do whatever it takes to settle the case.
 
 

          Here are some examples, as they apply to Albuquerque.

          Progressive Insurance is one of the only insurance companies with adjusters based in New Mexico with claims adjusters that are actually New Mexico residents.  These adjusters are easy to talk to, understand New Mexico culture and really show an interest in trying to be fair to fellow New Mexicans in the valuation of cases.  Progressive adjusters will often meet with our lawyers and our clients to get a real feel for the client and their claim.  The handling of claims is more personalized, and there is a good liklihood that the claim will settle without a lawsuit.

          Allstate, on the other hand, is now completely based in Dallas, Texas. There is no  claims office in New Mexico.   Their claims adjuster's attitude is, well, no better way to describe it but "Texan".  The adjusters know little about New Mexico, and they never pronounce  our Spanish names the right way.  It often seems like the client is only a "claim number" rather than an actual person. They tend to make very low offers of settlment, don't want to personalize the claim and really appear not to care if the lawyer needs to file a lawsuit against their insured.  That's why most claims against Allstate require a lawsuit to get the client the full value of their claim.

         There are dozens of insurance companies selling insurance in New Mexico.  State Farm, Farmers, Geico, Progressive, USAA, Fred Loya, Young America, Nevada General, Hartford and AAA are among the largest.  Each has its own personality and attitude when evaluating cases.

         Caruso Law Offices, PC has been handling car accident cases against these insurance companies and others since 1987.  Understanding their personalities is extremely important in knowing how to get our clients the most money possible.  Each claims adjuster has their own likes and dislikes, and each has a certain way they like to evaluate their cases.  Some insurance companies pay extra when a Medical Doctor is involved in the case, and others substantially increase the amount when there is an ambulance. The differences are endless.

         Attorney  Mark Caruso used to work for the insurance companies before he began working for victims of personal injuries.  As a former insurance company attorney he knows the ins and outs of the insurance claims business.  That's why doctors, other attorneys, body shops and even insurance agents refer to Mark Caruso to handle their car accident claims. 

         If you have an auto accident call attorney Mark Caruso for a free consultation.  You will meet with an attorney, not a legal secretary.  We have two offices to serve you...Our Northeast Heights main office is located at 4302 Carlisle NE (Montgomery & Carlisle)  phone is 505-883-5000.   Our West Side satellite office is located at 2929 Coors NW  Suite 310, (Coors & I-40) phone is 505-369-1361.  

          We look forward to hearing from you. 

Jumat, 10 Juni 2011

Albuquerque Insurance Claims Adjusters Get Tougher on Claim Evaluations--New Mexico

Albuquerque insurance adjusters get tough on personal injury claims.

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

Insurance Claims Adjusters who routinely handle personal injury claims from car accidents are getting tougher in paying claims.  The result may be the opposite of what the claims adjusters intended.  More and more personal injury claimants are hiring attorneys to represent them.  The claim costs the insurance company more money the moment a claimant gets an attorney.  Getting tougher on personal injury claim evaluations will cost the insurance company more money in the long run.

"A greater percentage of claimants are getting attorneys to represent them in their personal injury claims, and this is costing insurance companies more money in the long run," says Albuquerque attorney Mark J. Caruso.  Caruso is among a growing number of attorneys who only handle personal injury claims.  As a former insurance company attorney, Caruso knows both sides of the claim. "I used to represent insurance companies, but now I only represent claimants against insurance companies."

Clients who have successfully used Caruso as their attorney note that it was advantageous to have an attorney who knew the strategies of the insurance adjusters and their attorneys.  Attorneys who have battled Caruso in cases note that he knows the ins and outs of the personal injury claim, and he is extremely knowledgeable and prepared for battle. He is licensed in both California and New Mexico and has been practicing law for 28 years.

Caruso has two offices in Albuquerque, but travels statewide representing claimants.  His Albuquerque offices are located in the Northeast Heights near Montgomery and Carlisle and in the Northwest near I-40 and Coors.  He can be contacted at 505-883-5000 or toll free at 800-657-9292.  The website is http://www.carusolaw.com/

Minggu, 22 Agustus 2010

Albuquerque Accident Attorneys Should Discount Their Fees

Lower attorney contingency fees put more money in client's pocket after personal injury and wrongful death settlements.

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


You have probably seen all the attorneys advertising on television, billboards and the sides of buses that they will represent you in your personal injury claim on a percentage fee basis.  This is called a contingency fee.  A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct set the ethical rules for attorneys to follow when charging clients a contingency fee. The rules require the contingent fee to be reasonable, and require that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all injury cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the attorney before the lawsuit is filed. Most of the initial gathering of medical records and establishing of liability are done by a paralegal or legal assistant supervised by the attorney.  However, if a lawsuit is filed because the case could not be settled, then the attorney has much more involvement in the claim.

Beginning in 2009 Caruso Law Offices pioneered a new approach to attorneys fees in Albuquerque, NM.  In compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet file, we discounted our percentage contingency fee.  We discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into the  client's pocket! It also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. Caruso Law Offices receives most of its personal injury client referrals from word of mouth, and little advertising is really needed.

Some might believe that a discounted fees means a lesser qualified attorney or law firm. Not so! Mark Caruso, the senior attorney at Caruso Law Offices,  is a former insurance company attorney who now helps injured victims.  He has over 30 years of experience helping injured victims. He is also licensed in both New Mexico and California. Because Caruso Law Offices does not do television, billboard or bus advertising, its overhead is smaller, and it can help the client by putting more money in the client's pocket. Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

The discount really means  that the attorney isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $5,000 a month, and some attorney television budgets are $20,000 monthly.  The advertising does not mean that the attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

If you would like to personally talk with Mark Caruso at  a free and confidential consultation, you can call him at 505-883-5000 or toll free at 800-657-9292. We have two locations in Albuquerque--the NorthEast Heights and the West Side.  You can also see our web site at www.carusolaw.com We look forward to hearing from you. Thanks. Mark