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

By: Mark Caruso

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

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

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

You want to settle for $40,000

Caruso Law Offices, Personal Injury and Wrongful Death Attorneys

 

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

Thanks. Mark Caruso

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

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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



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

 

 

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 accident,  motorcycle accident  or any accident causing  personal injury or wrongful death.

 

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

 

 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!

Step 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.

Step 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.

Step 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!
 

Step 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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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.

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. 

Albuquerque Personal Injury Attorney Mark Caruso

Lawyer Mark Caruso

Featured Attorney Personal Injury

Albuquerque Personal Injury Attorney Mark Caruso, Highly Rated Albuquerque Personal Injury Attorney

Lawyer Mark Caruso

Featured Attorney Car Accident

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. 

Study: Mobile Devices in Albuquerque, New Mexico Create Biggest Driver Distractions

Cell phones are major cause of auto and truck accidents in Albuquerque.  Don't talk or text while you are driving.

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

 

A recently released study by the Governors Highway Safety Association (GHSA) revealed that cell phones and other mobile devices cause nearly 25 percent of U.S. car crashes each year. The GHSA, a nonprofit group that focuses on improved traffic safety, evaluated more than 350 scientific papers on distracted driving that have been published since 2000.
 

 

The study found that drivers are distracted nearly 50 percent of the time while operating a vehicle and that the use of a cell phone or other mobile device while driving caused a significant increase in the risk of crashing.

In 2009, there were almost 5,500 deaths and 500,000 injuries that resulted from distracted driving crashes, according to data from the National Highway Traffic Safety Administration (NHTSA). 

The GHSA suggested state safety measures, such as a complete ban on cell phone use for novice drivers and a texting ban for all drivers.

For more information on auto accident cases, contact Caruso Law Offices, P.C. at 505-883-5000 or see our website at www.carusolaw.com

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/