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Tampilkan postingan dengan label injury attorney. Tampilkan semua postingan

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, 23 Juli 2013

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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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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