How Much is Pain and Suffering Worth in New Mexico Auto Accident?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?" 

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

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 33 years.  During that time I have only handled personal injury and wrongful death claims.  I worked as an insurance company attorney for part of that time.  So, I will give you my own analysis.

The purpose of  pain and suffering is to compensate you for what you have been thru because of the accident that caused your injuries. 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person.

New Mexico law allows for compensation for pain and suffering in all personal injury cases where there is evidence of pain and suffering.  We will talk about the evidence and documentation to prove pain and suffering below.

Pain and suffering is in addition to medical bills, lost earnings and permanent injury.

Many people believe that the amount of medical bills dictates the amount of pain and suffering.

 The amount of the medical bills does not always dictate the amount of pain and suffering. 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases.  Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without a lot of follow up care. Also, not much can be done to treat broken ribs.

Based on my experience of 33 years of handling personal injury cases, I believe as a general rule that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills.   I believe as a general rule that broken bone cases are worth about 8 times the medical bills. There should be additional compensation for  lost earnings,  future medicals and permanent impairment.

So here are some examples:

EXAMPLE 1:    John suffered a whiplash and back injury after an auto accident that was not his fault.  He was taken by ambulance to the emergency room, had a follow up with his primary doctor and then began treatment with a chiropractor.  His medical bills were $10,000  He had no lost earnings and no permanent impairment.  He felt fine after his treatment was concluded.

Using the formula of 3 times the medical bills, John's case should be valued at $30,000

EXAMPLE 2:   Carol suffered a broken arm after an auto accident that was not her fault.  She was taken by ambulance to the emergency room where her arm was casted.  She had two follow up appointments with her doctor who removed the cast 60 days later.  Her medical bills were $5,000.  She had no lost earnings and no permanent impairment.  She felt fine after her treatment was concluded.

Using the formula of 8 times  the medical bills, Carol's case should be valued at $40,000

Court Appointed Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County.  Juries are much more less predictable.

 It is extremely important that injured patients communicate to their health care providers all of their pain and  suffering and carefully describe how the injuries have affected them.  If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills.

The insurance company adjuster, judge, arbitrator or juror will carefully review the notes written by your health care provider. They will look at your reported pain levels and symptoms associated with the injury as reported by you to your health care provider.

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing to document.   Picture it this way.  You need to give the doctor the ammunition for your gun.  They need you to feed them the information so they can document your complaints accurately and completely.

It is more difficult for men to communicate pain and suffering to their doctor.

The reason is that most men find it more difficult to complain about their pain.  Men are macho, and it may be considered a sign of weakness to complain of pain to their health care provider.

Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.

Again, please remember......Insurance company adjusters, judges, arbitrators and jurors will carefully read the medical records written by the health care provider.  If no pain and suffering is mentioned, don't expect a large amount of  pain and suffering.

A personal diary of how the injuries have affected you is also helpful. 

The diary can track specific instances an dates of pain and suffering.  The diary should include names of people who witnessed the discomfort and the degree of discomfort.  You can include events that occurred through the day that caused increased pain or discomfort.  The diary can also be read by the decision maker in determining how the injuries affected your daily life.

The most important advice I can give you in this blog is to document your pain and suffering.

Document your pain and suffering with your health care providers.

Document your pain and suffering with your employer.

Document your pain and suffering in a pain diary.

 Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their personal injury and wrongful death claims.    Caruso Law Offices has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact Mark Caruso at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361. You can also contact Mark Caruso directly at mark@carusolaw.com

Your consultation will be with Mark Caruso, not a legal assistant or paralegal.  He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain Caruso Law Offices'    discounted 29% contingency attorney fee on all personal injury and wrongful death claims.

Mark Caruso Named Top 100 New Mexico Litigation Attorneys by American Society of Legal Advocates

Best Personal Injury and Wrongful Death Attorneys in New Mexico

       Albuquerque Personal Injury and Wrongful Death Attorney Mark Caruso was named a top 100 litigation attorney in New Mexico.  The American Society of Legal Advocates is an invitation-only, nationwide organization of elite lawyers in practice today who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. A team of lawyers spent six months researching tens of thousands of lawyers across the country and manually selecting less than 1.5% of all lawyers based on an array of criteria. ASLA’s Top 100 Lawyers listings recognize exceptional legal talent.

 ASLA strives for practical diversity and rich experience in order to offer the best resources to those seeking counsel. ASLA’s easy-to-search directory enables those seeking representation to choose among a carefully-selected, highly-qualified community of lawyers with experience in wide-ranging practice areas in virtually any jurisdiction.

 With membership limited to less than 1.5% of of all licensed lawyers nationwide, ASLA selects outstanding lawyers in all states, with specialties varying per state depending on the number of practicing lawyers. ASLA aims to serve as a go-to source of exceptional legal advocacy, and, in turn, to strengthen professional relationships and best practices among member lawyers.

Mark Caruso is a 1982 graduate of Pepperdine University School of Law.  He is licensed in both California (1982) and New Mexico (1987) and exclusively represents victims of personal injury and wrongful death.  Caruso Law Offices offers two offices in Albuquerque for its clients--the North East Heights and the West Side. However, Caruso represents clients statewide throughout New Mexico and its reservations and pueblos.

Please visit our website at www.carusolaw.com or contact us directly at 505-883-5000 for a free and confidential appointment with Mark Caruso to discuss your personal injury or wrongful death claim.

Blog by Mark Caruso,  Albuquerque, NM Personal Injury and Wrongful Death Attorney


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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

 

 

Neck Pain and Back Pain After NM Car or Truck Accident? Answers by Former Insurance Company Attorney.

I have neck pain and back pain after my New Mexico car accident... Who will pay for my injuries?
By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

Will the insurance company for person who caused accident pay for my exam and treatment by a doctor or chiropractor?

 

Will the ambulance, hospital or doctor agree to directly bill the insurance company for person who caused accident?

 

These are some of the most common questions we are asked at Caruso Law Offices by people who were just involved in a auto, car,  truck, motorcycle, bicycle or pedestrian accident or collision. They may have been taken away by an ambulance to the emergency room and sent home with medications.  They may have begun treatment with an orthopedic doctor, their primary care doctor or a  chiropractor.

 

But it is usually the same question....

 

Who will pay for my injuries?

 

 

If you have health insurance, you have less problems.  Most New Mexico health insurance companies such as Lovelace, Presbyterian and Blue Cross Blue Shield will immediately pay the ambulance and emergency room bills.  You may still have a deductible or co-pay.

However, many insurance companies now have a provision in the health insurance policy stating that they do not pay for injuries resulting from auto and truck accidents caused by another.

Where can you get the care that you need to treat your neck and back injuries from the car accident?

 

I personally believe that hands on exercise and therapy are the best ways to treat any soft tissue injury to your back or neck such as whiplash or back strains.

 

This type of treatment can be by chiropractors, physical therapists and medical massage therapists. Most of these health care providers will agree to directly bill the insurance company for the person who caused the accident.  Most will also accept a letter of protection and lien by a personal injury attorney.

 

 

You need to be very careful about who you chose to treat your injuries. 

 

Chiropractors, physical therapists and medical massage therapists have good and bad reputations among the insurance company for the person who caused the collision.  Chiropractors must follow the Croft Guidelines which limit the duration of treatment and number of total treatments.  If they fail to do so, your claim could be severely jeopardized.  Physical therapists and medical massage therapists need to be working with a doctor of some type to justify their bills to the insurance company.

Personal injury attorney Mark Caruso can help you select a credible chiropractor, physical therapist and medical massage therapist.

 

 Because Caruso Law Offices only handles personal injury and wrongful death cases we know the reputations of local doctors and health care providers. 

 

We listen to our clients, but we also listen to the comments of the insurance adjusters we fight daily. We know which health care providers to avoid, and we know which have the best reputations. 

 

Getting the health care provider paid

 

Once you make your selection on which health provider you want to treat your injuries, we can offer the medical doctor, chiropractor, physical therapist or medical massage therapist a letter or protection or medical lien on your claim.  That means the health care provider knows that we will submit their bills and records for payment from the insurance company for the person who caused the accident.  It also means that they know that they will get paid at the end of your case. 

 

Caruso Law Offices has worked with several hundred of New Mexico's health care providers over the past 27 years that Mark Caruso has had his personal injury and wrongful death law firm in Albuquerque.  We have an excellent reputation among health care providers because we get them paid from the insurance company for the person who caused the accident or collision. We can help you with your referral and letter of protection. 

 

Call personal injury attorney Mark Caruso at 505-883-5000 to get more information about how to treat your neck pain and back pain and other spinal injuries after your New Mexico car or truck accident.  You can also visit our website at www.carusolaw.com  Please read our client testimonials and reviews.

 

We have received the 2013 Client Distinction Award from Martindale Hubbell and are rated a 9.6/10.0 by AVVO lawyer ratings.  We also have an A+ rating from the Better Business Bureau.

 

Mark Caruso will give you a FREE consultation at one of our Albuquerque offices--Northeast Heights or Westside--or at your home, work or other location during the day or in the evenings or weekends.  We handle cases statewide throughout New Mexico and in the pueblos and reservations throughout our state. 

 

Mark Caruso will also explain our 29% discounted attorney fee for all personal injury and wrongful death claims resulting from auto, car, truck, motorcycle, bus, bicycle or pedestrian accidents and collisions. Why would you ever want to pay the higher 33 1/3% attorney fee that most personal injury and wrongful death attorneys charge.

 

Call us today at (505) 883-5000  

 

 

 

How Much Can I Get For Pain and Suffering After My Albuquerque Car Accident?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?"

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

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 31 years. During that time I have exclusively handled personal injury and wrongful death claims. I worked as an insurance company attorney for a part of that time. So, I will give you my own analysis.
 

The purpose of compensation for pain and suffering is to compensate you for what you have been thru because of the car or truck accident that caused your injuries.

 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person.
 

The amount of the medical bills does not always dictate the amount of pain and suffering.

 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases. Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without alot of follow up care. Also, not much can be done to treat broken ribs.
 

Based on my experience of 31years of handling  personal injury  and  wrongful death cases, I believe that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills. In addition, there should be compensation for lost earnings, future medicals and permanent impairment. I believe that broken bone cases are worth about 7 times the medical bills.
 

 

Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County. Juries are much more inpradictable.

 

It is extremely important that injured patients communicate to their health care providers all of their pain and suffering and carefully describe how the injuries have affected them. If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills. 
 

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing documented by the health care provider. Picture it this way. You need to give the doctor the ammunition for your gun. They need you to feed them the information so they can document your complaints. 
 

It is more difficult for men to communicate pain and suffering to their doctor.

 

The reason is that most men find it more difficult to complain about their pain. Men are macho, and it may be considered a sign of weakness to complain of pain. Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.
 

Insurance company adjusters and their attorneys, judges, arbitrators and jurors will carefully read the medical records written by the health care provider. If no pain and suffering is mentioned, don't expect a large amount of pain and suffering.

 

A personal diary of how the injuries have affected you is also helpful.

 

The diary can track specific instances an dates of pain and suffering. The diary should include names of people who witnessed the discomfort and the degree of discomfort. The diary can also be read by the decision maker in determining how the injuries affected your daily life.
 

Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their  personal injury  and  wrongful death  claims.   Caruso Law Offices  has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact  Mark Caruso  at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361.


Your consultation will be with  Mark Caruso,  not a legal assistant or paralegal. He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain  Caruso Law Offices'    discounted 29% contingency attorney fee  on all pesonal injury  and  wrongful death claims.

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)

 

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.

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.

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.

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.